David Nebenzahl wrote:
On 10/23/2010 3:23 PM Oren spake thus:

In the UK, Tony, if arrested is guilty until he can prove his
innocence -- that is how their system works. Here, Dubya, if
arrested is presumed innocent until proven guilty -- that is how our
system works.

Absolutely. (I'm agreeing with you, not being snarky.) Innocent until
proven guilty.

I certainly wouldn't want Bliar or Dubya to have any fewer rights or
be treated any worse than, say, all those "detainees" in Guantanamo.

oh, wait ...

Big difference. The detainees are Gitmo do not fall under the protections of
the criminal law simply because they are not criminals; they have not been
charged with a crime, nor will they be charged with a crime. They are
completely outside the criminal law system. They are not entitled to a
lawyer, indictment by a grand jury, remain silent, and so forth.

They are being detained under the president's Article II powers and, as
unlawful enemy combatants, fall into the same category as spies, saboteurs,
guerrillas, fifth-columnists, and the like. The usual rules of war permit
them to be executed forthwith.

Our first unlawful enemy combatant was Major John Andre. George Washington
had him hanged. Had Washington been able to get his hands on Andre's boss,
Benedict Arnold, Washington would have hanged him too.