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	<title>Comments on: Does Obama Plan to Give Up a Little Liberty to Get a Little Safety?</title>
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	<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/</link>
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		<title>By: windy</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903897</link>
		<dc:creator>windy</dc:creator>
		<pubDate>Fri, 22 May 2009 05:34:12 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903897</guid>
		<description>&lt;p&gt;&lt;i&gt;There is no doubt that many people held there &lt;b&gt;were innocent when picked up&lt;/b&gt; (Kieth Olbermann was wrong that no one is saying there are innocent people there), but it owuld not br surprising if they’re anti-American now.&lt;/i&gt;&lt;/p&gt;
&lt;p&gt;“Were” innocent? So if years of imprisonment and abuse makes someone anti-American, he’s no longer innocent?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p><i>There is no doubt that many people held there <b>were innocent when picked up</b> (Kieth Olbermann was wrong that no one is saying there are innocent people there), but it owuld not br surprising if they’re anti-American now.</i></p>
<p>“Were” innocent? So if years of imprisonment and abuse makes someone anti-American, he’s no longer innocent?</p>
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		<title>By: esseff44</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903733</link>
		<dc:creator>esseff44</dc:creator>
		<pubDate>Fri, 22 May 2009 03:28:48 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903733</guid>
		<description>&lt;p&gt;Here a reminder of the Marielito problem and how messy things can get :&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=4248&quot; rel=&quot;nofollow&quot;&gt;http://encyclopediaofarkansas......tryID=4248&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;I bet the Clintons haven’t forgotten.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Here a reminder of the Marielito problem and how messy things can get :</p>
<p><a href="http://encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=4248" rel="nofollow">http://encyclopediaofarkansas&#8230;&#8230;tryID=4248</a></p>
<p>I bet the Clintons haven’t forgotten.</p>
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		<title>By: esseff44</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903712</link>
		<dc:creator>esseff44</dc:creator>
		<pubDate>Fri, 22 May 2009 03:15:20 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903712</guid>
		<description>&lt;p&gt;And then there are the Uighers.  It has been decided they should be released, but where?  They could be released in the DC area where there is a small community of Uighers, but would they be safe due to the attitudes of Congress members nimbyism and fear-mongering.  &lt;/p&gt;
&lt;p&gt;I keep thinking about the Marielitos who ended up spending the rest of their days in prison because we could not have them at large and we could not send them back to Cuba.  Most of those who were freed ended up dead or back in prison for serious crimes or in mental institutions. That was   Castro’s revenge on Carter. Big mistake.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>And then there are the Uighers.  It has been decided they should be released, but where?  They could be released in the DC area where there is a small community of Uighers, but would they be safe due to the attitudes of Congress members nimbyism and fear-mongering.  </p>
<p>I keep thinking about the Marielitos who ended up spending the rest of their days in prison because we could not have them at large and we could not send them back to Cuba.  Most of those who were freed ended up dead or back in prison for serious crimes or in mental institutions. That was   Castro’s revenge on Carter. Big mistake.</p>
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		<title>By: sporkovat</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903703</link>
		<dc:creator>sporkovat</dc:creator>
		<pubDate>Fri, 22 May 2009 02:50:39 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903703</guid>
		<description>&lt;p&gt;”But I think it is clearly anti-American, and I think all those who have said ”give me liberty or give me death”, or similar phrases, recognize in their hearts that what was done under Bush and what Obama is attempting to do are fundamental violations of the values that made America what it is.”&lt;/p&gt;
&lt;p&gt;yes, well and firmly stated throughout.&lt;/p&gt;
&lt;p&gt;but many seem to have something even more fundamental - the need to vote for and support and apologize for Democrats, no matter what they do!&lt;/p&gt;
&lt;p&gt;the courage and clarity of your convictions seems to be in the minority these days, Ian, present company largely excepted of course. The true believers stay away in droves the moment criticism of their Leader is uttered, especially criticism that is impossible to refute. &lt;/p&gt;
&lt;p&gt;what a travesty - to pitch away principles you yelled for 8 years about in order to become a bunch of dittoheads.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>”But I think it is clearly anti-American, and I think all those who have said ”give me liberty or give me death”, or similar phrases, recognize in their hearts that what was done under Bush and what Obama is attempting to do are fundamental violations of the values that made America what it is.”</p>
<p>yes, well and firmly stated throughout.</p>
<p>but many seem to have something even more fundamental &#8211; the need to vote for and support and apologize for Democrats, no matter what they do!</p>
<p>the courage and clarity of your convictions seems to be in the minority these days, Ian, present company largely excepted of course. The true believers stay away in droves the moment criticism of their Leader is uttered, especially criticism that is impossible to refute. </p>
<p>what a travesty &#8211; to pitch away principles you yelled for 8 years about in order to become a bunch of dittoheads.</p>
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		<title>By: Hugh</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903685</link>
		<dc:creator>Hugh</dc:creator>
		<pubDate>Fri, 22 May 2009 02:16:31 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903685</guid>
		<description>&lt;p&gt;I agree.  Let the law not the President take its course.  We are supposed to be a nation of laws but Executives now feel that only those decisions they feel like should be subject to the law.  All down the ages this has been the hallmark of tyranny.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I agree.  Let the law not the President take its course.  We are supposed to be a nation of laws but Executives now feel that only those decisions they feel like should be subject to the law.  All down the ages this has been the hallmark of tyranny.</p>
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		<title>By: Ian Welsh</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903677</link>
		<dc:creator>Ian Welsh</dc:creator>
		<pubDate>Fri, 22 May 2009 02:07:37 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903677</guid>
		<description>&lt;p&gt;He takes responsibility now.  Sorry.  “Well Bush locked you up, but I’m going to keep you locked up” does not let him off the hook.&lt;/p&gt;
&lt;p&gt;And I don’t give 2 good goddamn’s if someone thinks they will attack again or not.  If you can’t prove a crime, you don’t lock people up.  Period.  To accept otherwise is the direct road to tyranny.&lt;/p&gt;
&lt;p&gt;(The US recidivism rate is about 70%, that’s pretty high.  Maybe we should just lock them all up permanently… except even that doesn’t correlate, because those people have been convicted of crimes.  The recidivism rate for Guantanmo, at most?  1 in 7.)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>He takes responsibility now.  Sorry.  “Well Bush locked you up, but I’m going to keep you locked up” does not let him off the hook.</p>
<p>And I don’t give 2 good goddamn’s if someone thinks they will attack again or not.  If you can’t prove a crime, you don’t lock people up.  Period.  To accept otherwise is the direct road to tyranny.</p>
<p>(The US recidivism rate is about 70%, that’s pretty high.  Maybe we should just lock them all up permanently… except even that doesn’t correlate, because those people have been convicted of crimes.  The recidivism rate for Guantanmo, at most?  1 in 7.)</p>
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		<title>By: earlofhuntingdon</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903660</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Fri, 22 May 2009 01:55:13 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903660</guid>
		<description>&lt;p&gt;That seems to be a straw man argument.  Detained prisoners should all be tried, except those for whom there is no reasonable evidence to support a charge.  Because Dick Cheney or Rush Limbaugh claim to fear them is not a sufficient basis to detain them.  The mere fact that we have imprisoned men is not an adequate basis to continue to detain them.  The claim that it is is Republican propaganda.  &lt;/p&gt;
&lt;p&gt;The majority of detainees at Gitmo do not appear to have committed any crime.  Continuing to detain them is a continuing crime on our part.  Apparently in many or most cases, Bush failed to document a rational basis for holding these men.  He did it because he could.  Obama continues with that logic, though he promises to think up a more rational basis, but not until some later date.  That’s not enough of a reason in any civilized country in the world.&lt;/p&gt;
&lt;p&gt;Either there’s a documented, rational reason to detain these men - based on their prior actions - or there isn’t.  If there is, the quality of the evidence should be assessed and if it supports it, these men should be brought to trial.  If it doesn’t they should be set free.  &lt;/p&gt;
&lt;p&gt;Those for whom detention was a Dreyfussian mistake should be freed with an apology and compensation.  Those for whom we have suspicions but no evidence not obtained through torture should be set free because suspicion of a crime is not a crime, nor is it proving a crime by any rational process, nor is it an adequate basis to deprive a human being of their liberty.  &lt;/p&gt;
&lt;p&gt;The remaining prisoners against whom there is reasonable, credible evidence should be tried.  If found guilty, they should be sentenced to a reasonable term of years - based on the character of their crimes.  A life sentence is currently the default and only punishment.  That is reprehensible if it is not commensurate with their crimes.  Those not convicted will be set free; courts do it every day. Those convicted will remain in prison a specific number of years - and then be set free.&lt;/p&gt;
&lt;p&gt;The kind of substitute “legal system” Obama is talking about, which mirrors Bush’s, but which Obama promises will come with some rationale beyond, “because I said so,” is tyranny.  It’s a variation on Texas justice, small town justice, Southern justice - all ironic qualifiers - and the dictatorial regimes of Latin America and Africa.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>That seems to be a straw man argument.  Detained prisoners should all be tried, except those for whom there is no reasonable evidence to support a charge.  Because Dick Cheney or Rush Limbaugh claim to fear them is not a sufficient basis to detain them.  The mere fact that we have imprisoned men is not an adequate basis to continue to detain them.  The claim that it is is Republican propaganda.  </p>
<p>The majority of detainees at Gitmo do not appear to have committed any crime.  Continuing to detain them is a continuing crime on our part.  Apparently in many or most cases, Bush failed to document a rational basis for holding these men.  He did it because he could.  Obama continues with that logic, though he promises to think up a more rational basis, but not until some later date.  That’s not enough of a reason in any civilized country in the world.</p>
<p>Either there’s a documented, rational reason to detain these men &#8211; based on their prior actions &#8211; or there isn’t.  If there is, the quality of the evidence should be assessed and if it supports it, these men should be brought to trial.  If it doesn’t they should be set free.  </p>
<p>Those for whom detention was a Dreyfussian mistake should be freed with an apology and compensation.  Those for whom we have suspicions but no evidence not obtained through torture should be set free because suspicion of a crime is not a crime, nor is it proving a crime by any rational process, nor is it an adequate basis to deprive a human being of their liberty.  </p>
<p>The remaining prisoners against whom there is reasonable, credible evidence should be tried.  If found guilty, they should be sentenced to a reasonable term of years &#8211; based on the character of their crimes.  A life sentence is currently the default and only punishment.  That is reprehensible if it is not commensurate with their crimes.  Those not convicted will be set free; courts do it every day. Those convicted will remain in prison a specific number of years &#8211; and then be set free.</p>
<p>The kind of substitute “legal system” Obama is talking about, which mirrors Bush’s, but which Obama promises will come with some rationale beyond, “because I said so,” is tyranny.  It’s a variation on Texas justice, small town justice, Southern justice &#8211; all ironic qualifiers &#8211; and the dictatorial regimes of Latin America and Africa.</p>
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		<title>By: john in sacramento</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903642</link>
		<dc:creator>john in sacramento</dc:creator>
		<pubDate>Fri, 22 May 2009 01:45:59 +0000</pubDate>
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		<description>&lt;blockquote&gt;&lt;p&gt;“The power of the Executive to cast a man into prison&lt;br /&gt;
without formulating any charge known to the law, and&lt;br /&gt;
particularly to deny him the judgment of his peers,&lt;br /&gt;
is in the highest degree odious and is the foundation&lt;br /&gt;
of all totalitarian government whether Nazi or Communist.” &lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;~ &lt;a href=&quot;http://quotes.liberty-tree.ca/quote/winston_churchill_quote_7f38&quot; rel=&quot;nofollow&quot;&gt;Winston Churchill, November 21, 1943&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>“The power of the Executive to cast a man into prison<br />
without formulating any charge known to the law, and<br />
particularly to deny him the judgment of his peers,<br />
is in the highest degree odious and is the foundation<br />
of all totalitarian government whether Nazi or Communist.” </p>
</blockquote>
<p>~ <a href="http://quotes.liberty-tree.ca/quote/winston_churchill_quote_7f38" rel="nofollow">Winston Churchill, November 21, 1943</a></p>
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		<title>By: MarkH</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903636</link>
		<dc:creator>MarkH</dc:creator>
		<pubDate>Fri, 22 May 2009 01:39:27 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903636</guid>
		<description>&lt;p&gt;Do you mean people HE wants to lock up or people who BUSH locked up and he doesn’t want free to attack us? There is a difference.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Do you mean people HE wants to lock up or people who BUSH locked up and he doesn’t want free to attack us? There is a difference.</p>
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		<title>By: oldgold</title>
		<link>http://firedoglake.com/2009/05/21/does-obama-plan-to-give-up-a-little-liberty-to-get-a-little-safety/#comment-1903627</link>
		<dc:creator>oldgold</dc:creator>
		<pubDate>Fri, 22 May 2009 01:18:24 +0000</pubDate>
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		<description>&lt;p&gt;I can’t argue with “arguably.” But, that is different than the multiple hyperbolic comments asserting Obama is violating the Constitution.&lt;/p&gt;
&lt;p&gt;Once again, I am not contending folks here are necessarily wrong as to what should be done; rather, I am objecting to the unqualified assertions that Obama is violating the Constitution.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I can’t argue with “arguably.” But, that is different than the multiple hyperbolic comments asserting Obama is violating the Constitution.</p>
<p>Once again, I am not contending folks here are necessarily wrong as to what should be done; rather, I am objecting to the unqualified assertions that Obama is violating the Constitution.</p>
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