Quote:
Originally posted by taxwonk
I think your characterization is more literally correct than than Ty's. However, getting from there to "since they aren't protected, but can do to them exactly all the things that the Convention was designed to prevent" takes the sort of parsing interpretation that has created the tax shelter industry and was relied on by Enron and Tyco in looking interpreting the tax and securities laws, and look at the fucking mess that created.
Of course, Enron and Tyco affected taxpayers' money and the detainees at Gitmo are just a bunch of foreign terrorists, right? If Ed Meese were posting he'd remind us that if they wren't guilty, they wouldn't be detained.
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I don't think that was my position. I think we need to create a process and try them under it, and I think the G has been slow in that regard, partly because there are a bunch of competing concerns and partly because it benefits us to drag our feet, but they need to get moving. The part I am quibbling with is that the G is not going through torturous analytical exercises to treat these people outside of the Geneva Convention for some nefarious purpose. That is simply DEM spin.
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