re: "Missing Gitmo (Already)"
"This much seems certain: sometime next year, President-elect Barack Obama will close the terrorist detention facility at Guantanamo Bay, Cuba. What happens next is still unclear, but many of prisoners being held there will wind up in American courtrooms and prison cells, wreaking havoc in our legal and corrections systems."
For some, this is a feature, not a bug.
"Legal proceedings against Moussaoui dragged on for almost four years and, on more than one occasion, resembled a judicial farce. At various points, Moussaoui professed his innocence, declared himself guilty and even represented himself in court. His behavior was consistent with terrorist training manuals, which encouraged operatives to make a mockery of western judicial systems.
Multiply the Moussaoui trial by a factor of several hundred, and you've got some idea of what awaits the federal court system." (Bold type added for emphasis. - CAA)
Depending upon one's perspective, a feature, not a bug.
"Gitmo is tailor made for handling another problem that transcends international borders and jurisdictional authority.
We refer to pirates, particularly those operating along the coast of Somalia. While their recent hijackings of merchant vessels have gained international headlines, the piracy problem has existed for years. Making matters worse, there is the thorny issue of what to do with the pirates in the event they're captured."
Sometimes, when you have enough "problems," you can set them to solving each other. Sometimes.
"With the required international agreement, piracy suspects could be taken to Gitmo, detained there, tried by an international tribunal, and serve out their sentence--at the same, secure location.
Unfortunately, Gitmo has been forever tarred by administration critics, false claims of improper treatment and years of legal wrangling. We can't envision any scenario where the U.N. (or any other international body) authorizing the use of Guantanamo as a jail for international pirates."
Sadly, Spook86 is almost certainly spot-on with this analysis.
"In a column published in today's WSJ, Mr. Mukasey argues that the habeus corpus requirement for detainees has created a hodgepodge of inconsistent decisions in the federal courts. If Congress doesn't establish firm guidelines, he observes, we will be forced to choose between exposing intelligence assets in open court, or allowing terrorists to jump the immigration line and enter the United States."
Which raises, again, the question: bug or feature?