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Obama Camp Explains Bin Laden's Rights...Again
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ShareJune 18, 2008 4:03 PM
ABC News' Sunlen Miller, Teddy Davis, and James Gerber Report: Two more Obama advisers acknowledged Wednesday that Osama Bin Laden would be extended Habeas Corpus rights if the al Qaeda leader were brought to Guantanamo Bay.
The Obama advisers were quick to add, however, that this reading of Bin Laden's rights, which was established by last week's Supreme Court ruling and would be binding on the next president no matter who wins in November, does not mean that the man who claims credit for the 9/11 terrorist attacks would be released.
The decision in Boumediene v. Bush would only guarantee Bin Laden and other terrorist suspects held at Guantanamo Bay the right to request a hearing at which the government would have to establish through due process why the detainee should be held.
Speaking on a conference call arranged by the Obama campaign, Rep. Adam Smith, D-Wash., said that if Bin Laden were granted a Habeas hearing before a federal court "the judge would dismiss it" and rule that the United States has "ample grounds to hold him."
Obama foreign policy adviser Greg Craig argued that the question of the Al Qaeda leader's rights was unlikely to arise because "there is an outstanding shoot-to-kill order with respect to Osama bin Laden." He added that the hypothetical question would only come up "if he's captured alive" and "if he's transported out of wherever he's been captured and brought to Guantanamo."
"I have no doubt that there would be no problem establishing a basis, an evidentiary basis, to hold him and try him," said Craig, referring to Bin Laden. "And hold him responsible for murdering 3,000 people."
Obama adviser Susan Rice, who joined Smith and Craig on the call, would not engage the hypothetical question of what rights Bin Laden would be afforded. Instead, she invoked the existing authority to use lethal force against Bin Laden. She also pointed to a 2007 speech on Pakistan by Obama in which he promised to use actionable intelligence to go after high-value Al Qaeda targets like Bin Laden even if, in Rice's words, the "host government is unable or unwilling to act."
Wednesday was the second day in which Obama supporters found themselves explaining what rights Bin Laden would be afforded if he were brought to Guantanamo Bay under last week's Supreme Court ruling. On Tuesday, Massachusetts Sen. John Kerry (D) and former counterterrorism czar and ABC News consultant Richard Clarke offered a similar reading of Bin Laden's rights.
On a Wednesday call arranged by the McCain campaign, former New York Mayor Rudy Giuliani said he was "startled" by Kerry's acknowledgment that Bin Laden would be given Habeas rights at Guantanamo under last week's Supreme Court ruling.
Because Obama agreed with last week's decision and McCain did not, Giuliani said Kerry's remarks on behalf of Obama were a reminder of "what we would have in store for us if we have a Democratic presidency."
June 18, 2008 | Permalink | User Comments (235)
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This is a non-issue.
The wingnuts are presenting a false choice here.
According to Rudi and other wingnuts the question is: either UBL has all the rights and consitutional protections in the world or he has none.
This is bogus. The answer is neither.
Some sort of fair trial can be arranged for UBL before he gets the chair.
But of course he has to be captured first and Bush hasn't seemed too concerned about this.
Posted by: The Commander Guy | Jun 18, 2008 4:46:12 PM
Osama Bin Laden and Taliban will have the rights to appeal in court under Barack Hussein Obama’s rules. Yes, all of us have to move into caves somewhere in Pakistan after that!
Posted by: Marie,TX | Jun 18, 2008 4:46:27 PM
It looks like even God can not save America. If Americans still choose this Empty fake Obama, get ready for more attack.
Other democracies have law to hold terrorists for years without any trial.
You know why , because they tried what Obama is talking about and failed many times.
Posted by: tim | Jun 18, 2008 4:46:47 PM
We are supporting our morals by killing Bin Laden, thats what we do as a society, kill mass murders. Are you calling our Military mass murders? And on your second point I tend to agree, kill them all if they are terrorists that deserve to be killed.
Posted by: Dennis | Jun 18, 2008 4:47:08 PM
No they did not what they are saying wasn't give him all the right. Man you guys need to read. They are saying you can't fly around the world and just start arresting people without even accusing them of anything! Thats whats going on in gitmo! How do you guys know they ar terrorist ther? Cuz Bush told you? It's really llike he's told the truth the whole time! Seriously you guys sound like commies!
Posted by: Joe | Jun 18, 2008 4:48:09 PM
Joe,
Even Hillary appears a thousand time with Obama or goes campaign for him; I still write her name in and vote NO to Obama!
Posted by: Marie,TX | Jun 18, 2008 4:48:22 PM
Does Obama ready to pay the Court expenses , high dollar lawyer fees and security expenses from his book money.
God Bless America
Posted by: john | Jun 18, 2008 4:48:38 PM
Good denis we agree on something I don't want to pay for gitmo anymore so ethier give them a trial and sentance them, let them go, or kill them! Simple as that!
Posted by: Joe | Jun 18, 2008 4:50:17 PM
It's cool you just asked were she was.
Posted by: Joe | Jun 18, 2008 4:51:13 PM
Oh ok Joe thats right I forgot, Bush sucks. Your one of those. Bush is sending enemies of Big Oil to gitmo, and everyone knows it but doesn't do anything because their in on it too. Koo koo, koo koo.
Posted by: Dennis | Jun 18, 2008 4:51:29 PM
Wingnuts don't need to read the Post before they type.
Their minds are already made up! Why bother with facts.
Posted by: The Commander Guy | Jun 18, 2008 4:53:23 PM
So as I asked Joe do you think our military are mass murders? you said they just have cooler weapons than the terrorist
Posted by: Dennis | Jun 18, 2008 4:53:51 PM
OSAMA=OBAMA=FAHAKHAN=WRIGHT
They are connected in someway. They are extremists, racists, and anti-Americans!
Posted by: Marie,TX | Jun 18, 2008 4:54:13 PM
What is Mccains plan on gitmo? Anybody? does he have one? I'm really sick of my tax dollars going to a concentration camp.
Posted by: Joe | Jun 18, 2008 4:54:33 PM
Why does FBI's most wanted poster NOT hold bin Laden accountable for 911. Why should suspects be denied their constitutional right to a fair trial? Remember Republican terror mongers that whatever unchecked power Republicans use against citizens, can and will be used against them if the opposition party comes into power. This is why Bush has already preemptively exonerated himself and his advisors against being brought up on charges in the US for civil rights violations and war crimes. However, all of them can be brought up on international charges, when they leave office. If I was the Republicans right now I'd do all I could to restore the rule of law and take away any unconstitutional power than have been created over the past eight years; Because Pelosi, Obama, Hilliary and the like will be more than happy to use these new tools granted by the exectutive to itself, against ANY and ALL persons who oppose their right to rule... at will. A dangrous precedent has been sent; And this genie isn't about to be put back in the bottle by the masters. Be afraid, be VERY afraid, indeed.
Posted by: heresy | Jun 18, 2008 4:54:33 PM
john this isnt a criminal trial... i dont think there would be high profile attorneys waiting to take on terrorists as a client...
they would be able to ask why tehy are being held prisoner, and in the case of bin laden, that would be... well youve claimed to be the mastermind of this attack, soooo were holding you
why do we need denny crane for that?
you need to get off your soap box and stop thrashing our constitution there johnny boy
Posted by: bhrandon | Jun 18, 2008 4:55:07 PM
See what have I told you?? he'll make a correction again. umm....the...umm...I mean...you know....I actually meant....
Good grief, at least not a whole speech!!!
Posted by: hannah | Jun 18, 2008 4:56:11 PM
marie tx
bush=saudi=mccain=halliburton
they are all connected!!!
they are rich power hungry war thirsty humans all tyring to extort iraq for political and legacy gain
Posted by: bhrandon | Jun 18, 2008 4:57:09 PM
ellsbells930, read the constitution. citizen or not they have rights. read the geneva convention. just learn how to read. do something, you retard!
Posted by: PK | Jun 18, 2008 4:58:03 PM
Right now I believe that Bush is useing our military to spread christian terrorisum to muslims. And in return we can expect more attacks as well. What do you call it when someone blows up a house in the middle of the night? Trust me its a big sh** sandwich. I think Bush wants to antagonize muslims in order for them to attack Israel then they will burn down the Mosque on the hill and build a Jewish temple. Then the Christians get there rapture! And the evangelical christan crazys have won!
Posted by: Joe | Jun 18, 2008 4:59:12 PM
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