We don't need a new National Security Court to prosecute terrorists, because our existing system has been effectively prosecuting them for years.
By Joseph Margulies
On his second day in office, President Obama made good on his campaign pledge and ordered the prison at Guantánamo shut within a year. He also ordered the Attorney General to oversee a review of the facts in each case with an eye to deciding the fate of the remaining 245 prisoners.
The lion's share will be released, as they should be. For years, senior counter-terrorism officials with the military and CIA told the Bush Administration that the great majority of the prisoners were either innocent or insignificant, with no connection to al-Qaeda or terrorism. Many have already been cleared for release by the Bush Administration or a federal court, and it is now a matter of getting them off the base.
Most people in this first category--perhaps 150 or more--will be returned to their home countries. The remainder cannot go home because they would be tortured or killed; they must be resettled elsewhere. A number of countries say they will accept some prisoners, and the administration reports that negotiations are underway.
In diplomacy as in life, more success requires less hypocrisy. We cannot get other countries to accept prisoners unless we do the same. The best candidates are the Chinese Uighurs, a small group of anti-communist activists. All agree they are not enemy combatants; in fact, they are ardently pro-democracy with a large and supportive community in the United States.
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