Lawfare comes to the aid of enemy combatants

NY Times:

In the first case to review the government’s secret evidence for holding a detainee at Guantánamo Bay, Cuba, a federal appeals court found that accusations against a Muslim from western China held for more than six years were based on bare and unverifiable claims. The unclassified parts of the decision were released on Monday.

With some derision for the Bush administration’s arguments, a three-judge panel said the government contended that its accusations against the detainee should be accepted as true because they had been repeated in at least three secret documents.

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This points out the problem with allowing judges to second guess the decisions made by the troops in battle. The absurdity of the court suggesting that the military should have been gathering forensic evidence of enemy combatants pickup during or after a battle seems clear with the courts unconscionable ridicule of the evidence that was produced.

This kind of disparagement of the military process points out the ridiculousness of having judges decide what to do with the enemy. They can have their fun and turn these guys loose to rejoin the battle, but that is not in the interest of justice or in the interest of this country. They can feel all morally superior while letting the bad guys go because the evidence does not meet their criminal law standards, but that morale superiority will be of no comfort the the victims of their next attempts at mass murder for Allah.