Mr. Obama noted that 50 men fall into this category. It is unclear what will happen to them when they reach their destinations.
5) Those who violated US criminal laws will be tried in federal courts.
Mr. Obama cited the examples of Ramzi Yousef, who tried to blow up the World Trade Center, and Zacarias Moussaoui, who was identified as the twentieth 9/11 hijacker. Both were tried and convicted in US courts and both are serving life sentences.
This is the only clearly acceptable part of Mr. Obama's plan. All detainees slated to remain in custody should be placed into this category. The federal courts provide due process as required by the Fifth Amendment to the Constitution, which does not limit due process rights to US citizens: "No person ... shall be deprived of life, liberty, or property without due process of law."
The federal courts are well suited to deal with accused terrorists. Indeed, federal judges who have presided over such cases say that the Classified Information Procedures Act can effectively protect classified intelligence in federal court trials.
If Mr. Obama proceeds with the plan he announced this week he will empower those who point to US hypocrisy on human rights as a justification to do us harm. Mr. Obama's capitulation to the intelligence gurus and the right-wing attack dogs will not only imperil the rule of law; it will actually make us more vulnerable to future acts of terrorism.
Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of "Cowboy Republic: Six Ways the Bush Gang Has Defied the Law" and co-author of "Rules of Disengagement: The Politics and Honor of Military Dissent." Read her articles at http://www.marjoriecohn.com.
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