I’m not an attorney.
For better or worse I didn’t go to law school, but rather, I instead went to graduate school to study philosophy.
But you don’t need to be an attorney – or a philosopher – or the Attorney General or the President of the United States or a Representative or a Senator you don’t even need to be a community organizer to understand what I understand.
In fact, if you are one of “those” that I just listed, there’s a good chance that your station in life will blind you from seeing and understanding the reality that is intuitively obvious to “the rest of us.” And the reality is that as President Obama and Attorney General Holder seek to award five Sept. 11 conspirators, including Khalid Sheikh Mohammed, with the full rights of American citizens in a civilian trial, the United States is being undermined.
Not being an attorney makes me a mere “layperson” for many in the legal profession, and therefore, unqualified to comment on the matter. But this “layperson” thinks that the legal profession should be embarrassed, and ashamed, of the lack of reasoning underlying Mr.Holder’s decisions.
In the interest of “fairness”- and hopefully as a means of bringing clarity to the situation - let’s get some things straight from the get-go. The five 9-11 conspirators in question have been held all these years in a facility known officially as the “Guantanamo Bay camp.” And the use of the word “camp” matters profoundly.
If the Guantanamo Bay facility were, for example, a “prison,” then it follows that those being held there would be “criminals.” If, on the other hand, the Guantanamo Bay facility were defined as a “POW camp,” then those being detained there would be “enemy soldiers,” and would be subject to “rules of war” set forth in international law.
Yet, in fact, the thugs at Guantanamo Bay are neither “criminals,” as we have historically defined them in the West, nor are they “enemy soldiers” or “prisoners of war.” They are something the likes of which we have never dealt with before, and as it appears to this mere layperson, neither U.S. law nor international law adequately contemplate how they should be addressed.
Austin Hill is an Author, Consultant, and Host of "Austin Hill's Big World of Small Business," a syndicated talk show about small business ownership and entrepreneurship. He is Co-Author of the new release "The Virtues Of Capitalism: A Moral Case For Free Markets." , Author of "White House Confidential: The Little Book Of Weird Presidential History," and a frequent guest host for Washington, DC's 105.9 WMAL Talk Radio.