by user Jaxhawk
   If we had Lawyers involved in the battle decision process during World War II we would never have won. They could certainly have advised General Eisenhower that the firebombing of Hamburg and Dresden that killed over a hundred thousand women and children was off limits as they are doing in the Middle East war going on now.
But I would never have thought that military officers who were appointed to the position as Judge over the hearings of detainees, in the prison at Guantanamo Bay, Cuba, would use Semantics to dismiss the Government charges against two accused "enemy combatants".
Both Colonel Peter Brownback of the U.S. Army and Naval Captain Keith Allred dismissed charges in the cases brought by the Military against Canadian born Omar Kahadr and Yemeni Salim Ahmed for enemy combatant actions. The reason for dismissing the charges was the restricted parameters of the 2006 Bill passed by Congress called the Military Commission Act. This act restricts prosecution to those charged with "unlawful criminal acts". This has now been interpreted as those people who are charged with being "alien unlawful enemy combatants" and it must be proved that they actually took part in the acts.
It would appear that a long held legal principle of being one who plans or enables a crime is also guilty of that crime. Our prisons are filled with many people who were drivers of the car used to go to and leave from a crime scene. None of these criminals actually held a gun or committed the crime, but many are on death row because they drove the car that allowed the perpetrators to escape a crime that involve a killing.
The National Lawyers Guild and National Association of Criminal Defense Lawyers Military Law Committee applaud this decision as one would expect from groups who spend every waking hour trying to destroy the Rule of Law in this Country.
But to those of us who want to see the defeat of radical Islam. Feel this is a sad day for America. Liberals like Congressman Nader of New york are gleeful, but that is to be expected from people of his ilk.
While a great deal was made that Kahdar was only 15 when he allegedly killed Sargent Christopher Spencer with a grenade. The foreign papers have an article about an Afghanistan boy age six who was recruited by the Taliban to be a bomber. He declined and miraculously lived to tell his story. But Kahdar, now 20 years old went through with this act of terrorism and only God knows how many others before he was captured.
In a society of religious fanatics women, children and men are all potential terrorist threats. Releasing them on a legal technicality only gives aid and comfort to the enemies abroad and right here at home!