Guilty Until Confirmed Guilty ... “America can be proud,” said Senator Lindsey Graham [!!!]

Guilty Until Confirmed Guilty | Published: October 15, 2006

When President Bush rammed the bill on military commissions through Congress, the Republicans crowed about creating a process that would be tough on terrorists but preserve essential principles of justice. “America can be proud,” said Senator Lindsey Graham, one of the bill’s architects.

Unfortunately, Mr. Graham was wrong. One of the many problems with the new law is that it will only make it harder than it already is to separate the real terrorists from the far larger group of inmates at Guantánamo Bay who were bit players in the Taliban or innocent bystanders. Mr. Graham and other supporters of this dreadful legislation seem to have forgotten that American justice does not merely deliver swift punishment to the guilty. It also protects the innocent.

Mr. Bush ignored that fact after 9/11, when he tried to put the prisoners of the war on terror beyond the reach of American law and the Geneva Conventions. For starters, he dispensed with one of the vital provisions of the conventions: that prisoners must be screened by a “competent tribunal” if there is any doubt about who they are and what role they played in hostilities. As a result, hundreds of men captured in Afghanistan and other countries were sent to Guantánamo Bay and other prisons, including the network of illegal C.I.A. detention camps, without any attempt to determine whether they were any sort of combatant, legal or illegal.

The Bush administration showed not the slightest interest in fixing this problem until the Supreme Court said in Hamdi v. Rumsfeld that the president cannot simply lock up anyone — even a foreign citizen — without giving him a real chance to challenge his detention before a “neutral decision maker.” ...