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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.

Gazette: Drunks, not detainees, for Hardin

by: Jay Stevens

Mon Apr 27, 2009 at 10:34:11 AM MST


The Billings Gazette weighs in on the Hardin jail being used for Gitmo detainees:

Both Baucus and Montana U.S. Marshal Dwight MacKay, a Bush administration appointee, listed significant security concerns about bringing Gitmo detainees to Montana:

• These detainees are considered some of the most dangerous people in the world.

• Security considerations would be monumental and would require far more than a regular detention facility could provide.

• Those accused but not yet charged of war crimes that are housed in a Montana facility would then fall within the jurisdiction of our Montana Federal District Courts, where judges already have the fifth-busiest trial docket in the nation.

• Ferrying those prisoners between the Hardin jail and U.S. District Court in Billings for hearings raises security concerns.

• The federal courthouse in Billings doesn't allow for prisoners to be completely separated from the public.

• President Barack Obama has ordered that the detainees be returned to their home countries or moved somewhere besides Gitmo by January 2010. That timeframe is much shorter than the time it will take to build a new federal courthouse in Billings.

From where I'm sitting, it looks like federal requirements for handling the detainees are getting in the way. Because, while the editorial agrees that these are some of the "most dangerous people in the world," I'm not sure if that translates to a bigger risk to the surrounding Hardin community. They are, after all, in a foreign culture, they don't speak the language, and I'm guessing they're not hip to the subtleties of state's castle doctrine laws.

Instead, given the arbitrariness of the concerns -- the prisoners must be "completely separated from the public"? -- it sounds like the detainees fall under a classification of prisoner that the Hardin jail isn't equipped to house.

Jay Stevens :: Gazette: Drunks, not detainees, for Hardin
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Thought I'd add Max's letter and Town of Hardin's resolution (0.00 / 0)
Hardin's resolution here

Max's letter to the two river's authority executive director


This ... somewhat ... makes sense. (0.00 / 0)
Boy howdy, it's nice to read this stuff ... after the decision has already been made.  I remain frustrated by two things.

1)  The federal rules were elucidated not so much by Baucus until after he saw his decision as the politically safest. You were correct earlier, Jay, when you claimed this to be politically low hanging fruit.  NIMBYism is often that way.

2)  I remain frustrated with many of my fellow progressives.  We all cried loudly for the shut down of Gitmo.  I am sincerely curious how many really considered what that would mean for those who have been caged and tortured there.  Sending them back to their country of origin is not an attractive or safe option.  a) It is admitting that we held these folk for no reason, even if there was one.  b)  We will never have to own up, as a country, to the actions we have taken.  c)  I still believe that if these men weren't terrorists or terrorist sympathizers before, they likely will be now.

Anybody who's read the things I've written over the last several years knows that my commitment is to the universal application of Habeas Corpus.  We accused them, detained them, brought them to our shores, denied them any voice of defense and now appear for all the world as if we haven't the stomach to actually deal with the immoral consequence of those decisions.  Despite the nice comforting justifications, Baucus is still full of shit on this one.  The prison is available. There is nothing holy or blessed about a fancy federal courthouse.  They could be tried right there at the prison with a minimum of expense for making proper venue.

Security considerations would be monumental and would require far more than a regular detention facility could provide.

That spooky sounding malarkey is still just malarkey.  Where are you going to find a more isolated and secure location than Hardin, Montana? Barrow, Alaska maybe?

Those accused but not yet charged of war crimes that are housed in a Montana facility would then fall within the jurisdiction of our Montana Federal District Courts, where judges already have the fifth-busiest trial docket in the nation.

Special prosecutorial staff have been assigned high priority cases before, and the previous administration would have had these prisoners tried by military tribunal.  That is just so much ass-covering.  These prosecutions could easily be accomplished without transport or public exposure of any kind ... if one of the most powerful Senators in Washington had the balls to cowboy up.

The decision has been made, but I sure as hell don't need Max or the press blowing smoke up my derriere to convince me that it was a wrong decision.  We'll see what happens come next January, when every fine state in the union has said 'not in my backyard'.  


I'm with ya' (0.00 / 0)
I still think the assumptions on which the regs or excuses were based are malarkey. I mean...that these detainees after years of brutal and solitary confinement are in any mental shape to escape in a foreign and hostile country and wreak any real harm is laughable. They're probably barely capable of tying their own shoes at this point.

And it seems to me a lot of the security procedures around terrorist suspects created, separating the detainees from the general public was as much used by the Bush administration to try to shield their decisions and policies from the public as it was to protect us. So I think a lot of the requirements are crap, too.

Whatever.


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