Michelle Malkin

Newsweek. Amnesty International. Jimmy Carter. Dick Durbin. The Guantanamo Bay-bashing continues.

 In a rant published Tuesday, the Minnesota Star Tribune actually castigated Durbin for "caving in" on his slanderous remarks comparing U.S. treatment of detainees at Gitmo to torture and genocide by Nazis, Soviets and Pol Pot. The paper wrote that Durbin shouldn't have apologized and decried the entire operation as a "hellhole."

 But it's not just unhinged liberals who keep piling on.

 The "maverick" Sen. John McCain echoed one of the Left's most oft-cited and erroneous complaints about Gitmo on NBC's "Meet The Press" this weekend -- that detainees have been denied trials:

 "The weight of evidence has got to be that we've got to adjudicate these people's cases, and . . . if it means releasing some of them, you'll have to release them. Look, even Adolf Eichmann got a trial." (Can we put a lid on the Nazi analogies already? Crikey. A Knight-Ridder reporter was too smitten to be bothered by his Eichmann-invoking hyperbole: "McCain is emerging as a voice of conscience and nuance on the stay-or-go Guantanamo issue." Nuance?)

 GOP Sen. Lindsay Graham, another newly christened "maverick" who appeared on MSNBC's "Hardball" last week, lodged similar allegations about the absence of trials for Gitmo detainees:

  "We need a procedure and process that will allow us to determine who an enemy combatant is, interrogate them to make us safer in a humane way, and set up trials for the worst offenders and repatriate those who -- who don't meet the category of a -- of a threat. That, to me, would look good to the world. It would make us safer."

 My friend, Judge Andrew Napolitano, made a similar assertion on Fox News's "O'Reilly Factor" last week: "The government is not giving them those trials."

 And now, the facts:

 Every single detainee currently being held at Guantanamo Bay has received a hearing before a military tribunal. Every one. As a result of those hearings, more than three dozen Gitmo detainees have been released. The hearings, called "Combatant Status Review Tribunals," are held before a board of officers, and permit the detainees to contest the facts on which their classification as "enemy combatants" is based.

 Gitmo-bashers attack the Bush administration's failure to abide by the Geneva Conventions. But as legal analysts Lee Casey and Darin Bartram told me, "the status hearings are, in fact, fully comparable to the 'Article V' hearings required by the Geneva Conventions, in situations where those treaties apply, and are also fully consistent with the Supreme Court's 2004 decision in the Hamdi v. Rumsfeld case."


Michelle Malkin

Michelle Malkin is the author of "Culture of Corruption: Obama and his Team of Tax Cheats, Crooks & Cronies" (Regnery 2010).

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