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Look at the hair -- legal director of the center for constitutional right but here they -- -- one -- the program tonight.
Now at one of the big issues of course has been Miranda -- and whether or not not having done so.
To suspect number two -- their case the long term what your take on that.
I'm not sure it will necessarily.
Hurt the prosecution -- such in this case.
I think the bigger problem is choosing simply to disregard a longstanding.
And important aspect of our criminal justice system.
-- broader damage to the criminal justice system as a -- and and other defendants.
And accused -- -- who might interact with it.
Well we are usually criminal justice is -- -- -- -- -- thank you -- you believe they're going the right way.
By not declaring an enemy combatant.
Yeah I mean the propositions advance by Wendy Gramm and John McCain that they should be.
Put in military -- this country -- -- and at an enemy combatants.
In lighter -- utterly I think colossal failure in Guantanamo.
Is mind boggling to me.
This is a crime.
-- heinous crime no doubt.
But a crime -- prosecutable under the civilian system.
It's not an act of war.
Is it an act of terror.
It is an act of terror sure just like and numerous other incidents of domestic terrorism and not a war.
Sandy hook local.
Moment and I would say bombing abortion clinics are -- abortion doctors attacked America aren't.
Of terror and not surprisingly -- -- -- are so prevalent in our society.
Terrorism in this country is a climate punishable very seriously by a whole planet panoply.
Federal laws that make terrorism illegal you don't have to.
Put someone in indefinite detention in a military break -- Guantanamo.
To punish people for acts of terrorism.
Also this idea that they use the exception on Miranda.
Was he really a threat at that point -- to security they had him his brother -- dead.
There's no indication it was of a larger cell.
What are they have to put on on ice the Miranda ruling.
-- no that's it's it's a good point the exception to -- for public safety spoke to -- I believe that the Supreme Court ratified it very narrow and indicates where someone has.
A hole through out of -- asking where's your gun.
It is not meant to be collapsed over a period of of days but the Obama administration since the -- underwear bomber.
-- sort of unilaterally suggested in any.
A decision case involving suspected terrorists you can use it not for public safety as it was originally -- the exception -- -- -- but for intelligence.
And that's the Obama administration gone against the exception rule eleven they -- it beyond that -- Which it might be constitutionally legal to do.
Exactly David David and they've got -- they've expanded it beyond sort of what require this showing up like immediate or exigencies of public safety have simply use -- to.
To gather intelligence -- their fourth -- blending a military.
Detention model into the criminal justice system which I think is not -- You know I've been pretty critical of bush when he did things I thought like John you with the torture memo also -- some crazy stuff.
-- the American Enterprise Institute event to what we should do now but you know Obama does and always -- he shouldn't get a pass either on some of the stuff this administration is now.
No -- certainly shouldn't get a pass from and I think.
By used in the criminal justice system here he's doing the right thing bit.
Military commissions system an indefinite detention or -- legitimate systems of justice.
Our criminal system of justice is legitimate as long as.
It's -- it complies with the constitution.
And and it sure is.
Like to have the -- accused.
During the course of the trial that's what makes it a legitimate system of just.
Which -- the -- as many legal director of the center for constitutional right how do you.
Even have a so called fair trial in this situation like this -- even find jurors who are impartial.
You know I think that will certainly be challenging and defense attorneys will.
Be entitled to ask for a change in venue if they can demonstrate that it will be hard to get.
A fair trial -- that's a judge concludes with the judge about well might that.
You can't get a pool of of impartial jurors.
That the judge could conceivably change of venue they're close attention because you do generally wanna have a trial location where you know -- was -- But will also want to make sure of that the trial's not simply a profit but but it's meaningful.
I've got to believe that his defense has got to be my brother made me do it.
Yeah I mean I suppose will will see I mean we did you know for all -- this is why we have trial and that why we have a presumption.
In the sense and -- we don't know ultimately yet what happened these found unconscious.
For all we know.
Yeah well I think he's got -- -- able to write what I understand he's.
He's able -- -- not speak and answer questions and running a -- that are at the media has reported that.
That's right right.
And so we you know we we we haven't heard -- that -- for it will we don't know maybe maybe you even know what -- in in the back to the brother -- from the drop by you know.
We just we we just don't know it did he maybe -- Fully implicated of course.
But the the one of the reasons we have we have trials they have a presumption of -- -- -- What do you expect to happen here.
You know presumably it you say is he's gotten a public.
And so he will be.
A lot of talk -- lawyer consults -- Charges have been presented and you know eventually when it healthy enough he'll appear before.
On bail proceedings that -- the whole -- will.
Play out in the government will presumably lay out a wealth of evidence they have.
How how long could it take to get justice here.
I imagine the government -- for a well parts and LB -- the the cases very big on the one hand -- a -- a lot of evidence some on the other -- it seems like so a lot of it's already been accumulated.
So in the ordinary course it could be twelve to eighteen months.
They you're you're presented to ember -- curt -- -- -- -- mismanaging an amateur and resident Turkish descent.
Interest to Guantanamo.
As so called enemy combatant and he was released in August 2006 but are there still.
People at gitmo the -- represented who have not had due process.
So yes Serbian wins so what if you are represented.
A large number of detainees and am -- there a 166.
There are now.
None of which have been charged with a crime and a civilian.
Or or or or tried.
And a full.
86 of those 166 -- people don't realize have been unanimously cleared for release.
By the Obama administration and other -- the administration itself has determined they should -- long.
Appeal -- -- be -- -- the administration cleared.
Because starting in 2011.
With the passage of the NBA congress put admittedly some obstacles in the ability the present to transfer them.
Home or -- countries -- would except dump.
It did give the president ways to get around those those those obstacles and simply refused exercise -- political will.
To carry out its promise to close gitmo and release.
What was it his political -- -- was -- that the Republicans wouldn't fund the closing to move the prisoners elsewhere.
That's right so in 2000.
After he made some considerable efforts in the first two years of administration released 75 -- transferred 75.
All congress Republicans and Democrats alike who were quite -- and on this issue to be sure.
Limited his ability to try individuals in the United States for crimes.
And also the return people home -- no longer.
Should be did there were red -- They did give him an option.
Two to waive those limits if or those restrictions.
If he makes certain findings that.
Individuals -- precautions have been taken to assure that they wouldn't.
Engage in and violence.
The kind of -- -- nations he and Bush Administration -- making.
Four years when -- people what he's simply refuse take the political.
And an act on that authority.
Which over the harrah's many of the Center for Constitutional Rights do any data and a refusal thought he had.
About the trials and military tribunals verses criminal court and -- the six re -- rates have been one vs the other.
There's overwhelmingly more success in at least in terms of getting criminal convictions and in federal trials.
Not all of those I think -- been fair trials but.
For but but in terms of getting convictions the federal courts.
Successful but the military commissions the problem -- -- the commission this they're made up.
There -- there improvise they change constant week.
And AM there you know -- a second tier system of justice and so they can't really even get off the ground a couple of of military commissions and were recently struck down by an otherwise very conservative court indeed seat.
Saying that the -- is being charged in the military commissions are not crimes.
So they're just.
It's it's -- you know legitimate -- -- functional form out of justice.
In in and -- -- criminal system is adequate particularly at this bit it lives up to -- It isn't one of the problems in bringing the gitmo detainees to trial in federal court.
That because some of the may have been tortured to be much inadmissible evidence and so to get them convicted would be very difficult.
In some cases that may be that may be true I think.
When Eric Holder proposed bringing a number of detainees for trial in the moon's southern district New York.
He made sure case could be made entirely independent of concessions would you think would be possible -- like KSM.
And and so there are means trying individuals without relying on on confessions.
But that really the people who you would contemplate trying in the in in -- top -- Administration officials from both administrations that -- would never really put that above a few dozen.
But the rest start you know sort of -- -- -- -- eleventh your detention.
And now into that most are in two but third month for the very dangerous hunger strike.
They can -- them forever right or they could do go on hunger strikes and die but but basically beat -- -- Government could just say we're just given either.
Been the government position as long as there is some outstanding war which we decide ourselves -- -- which is it like which has never been never did clip by congressman and subject to the sort of determination the president on so we can keep them in eleven years have they are being captain Tom.
Are are basically saying with the later latest hunger strike problem with lost hope in the Obama promised to close Guantanamo.
And some are saying I'm gonna leave her one way or another.
-- thanks for your time I appreciate very much.
Thanks very much but here allows me legal director of the Center for Constitutional Rights.
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