Muscatine

Hey big bro, im into this disagreement on the cbox concerning your post here and over there.......

question for ya...if the terrorists are brought here and given the same rights as americans.....would the courts throw the cases out due to the torture? would all evidence obtained be suppressed?....in short would the terrorists basically get to walk away?

Hi

Good questions. I am at a loss within the sprectrum of legality here. But don't they first have to prove they WERE "tortured" in order to plea a dismissal? I can imagine the huge mess... changing the venue from military to civil might cause. If I understand any of this stuff, it's been decided that those enhanced techniques amounted to "torture" after all? An issue I wished the government had left where it was. Would there still have been an equal amount of fairness in any trials therein militarily? Our civil legal system is complex enough, why did they have to go and open this can of worms?

What possibly could happen if rights are afforded non-US-citizen terrorists is that the courts could dismiss any statements obtained without Miranda rights warnings and waivers; or any statements obtained under torture. Miranda rights are not afforded to terrorists under the military tribunal systems. They are considered enemy combants; not criminals.

Not the case if tried in the military tribunals that terrorists should be tried under.

he must really owe his muslim brothers a huge debt!