Think Progress

Graham Falsely Claims All Gitmo Detainees Are ‘Enemy Combatants,’ Says They Can Be Held ‘Forever’

Last night on Fox News, host Greta Van Susteren and Sen. Lindsey Graham (R-SC) were discussing President Obama’s plan to close the Guantanamo Bay terror detainee prison. During the segment, Graham — who, with Sen. John McCain (R-AZ), had written a Wall Street Journal op-ed on the subject that day — argued that the military or the CIA, not the federal justice system, should determine which detainees represent a threat to the U.S.

Van Susteren noted that “we’re still holding people who haven’t done anything.” “No, that’s not true,” Graham said, adding that “every one of them” has “gone through a military board, and the military labeled them an enemy combatant.” According to Graham, “You can hold an enemy prisoner as long as the war is going on” or “forever,” as he later pointed out:

VAN SUSTEREN: Does anyone want them?

GRAHAM: Well, I don’t care. If we can’t give them to somebody else. My point is, Greta, if you’re a part of the enemy force, we can hold you forever.

Watch it:

Graham is simply wrong in claiming that all Gitmo detainees are “enemy combatants.” Last October, the Bush administration’s Justice Department declared that all 17 Chinese Muslim (Uighurs) prisoners at Guantanamo were no longer to be designated as such. One week later, a federal judge ordered that they be released “because the government provided no proof that they were enemy combatants or security risks.” Yet they still remain there today. In fact, as far back as 2003, the Pentagon concluded that they could be released.

Graham can justify his belief that terror detainees are outside the purview of civilian courts and thus can be held “forever” because he views combating terrorism as “a war,” one that can presumably carry on indefinitely because the concept of “terrorism” will never simply end. But the American criminal justice system is equipped to hold full legal trials while protecting classified evidence and state secrets. Indeed, as Attorney General Eric Holder noted, terror suspects deserve “due process rights that I think are consistent with who we are as Americans.”



55 Responses to “Graham Falsely Claims All Gitmo Detainees Are ‘Enemy Combatants,’ Says They Can Be Held ‘Forever’”

  1. MapleStreet says:

    If they are enemy combatants, then the USA is seriously in violation of international law by denying the rights of enemy combatants.

    Ya can’t have it both ways Repugnicans!


  2. RantingTommy says:

    Lindsey, like all right wing pansies, thinks America is too weak to defend herself without giving up what she stands for.


  3. SnoBird says:

    Graham may “not care,” but our forefathers sure did and American bloggers (also irrelevant to Graham) care.

    He professes to carry the flag of Christianity in the face of great evil, yet would Jesus say, “don’t give a damn . . . no trial necessary . . . kill them?”

    Seems to me that’s sort of what happened to Jesus, as the story goes.


  4. raynman says:

    The more I see the Republicans trample on everything that American supposedly stands for out of fear of terrorism, the more I realize that maybe… Bin Laden actually accomplished what he was after.


  5. raynman says:

    Wow, that was bad… I must have been worked up. It should say:

    The more that I see the Republicans (out of a stated fear of terrorism) continute to trample on everything that American stands for, the more that I fear that maybe Bin Laden actually accomplished his goal.

    There.


  6. raynman says:

  7. Oval12345678 aka James K. Sayre says:

    Republicans love dictation: where they are the dictators and anyone that opposes US imperial aggression and imperial occupation around the world is labeled as an “enemy combatant” and denied any human rights. Republicans are monarchists and Tories, they prefer Kings, Tyrants, and Absolute Rulers.


  8. SnoBird says:

    Not saying all of these folks are saints, just that they are human and entitled to the inalienable rights that our Constitution promises. Heck one poor kid was rounded up at what, 13, 14-years old and is still being held, without trial . . . the policies Lindsey advocates do not America from terrorists, they foment hatred.


  9. SnoBird says:

    The Constitution does not say that “All Americans are created equal” it says “All humans were created equal.” Read it.


  10. misscoleopteramolly says:

    Graham says they are all enemy combatants? Every single one? Wow — how does he know this? Have they all been tried, providing court transcripts Graham has read? Has Graham interviewed them all personally?

    If Graham is using the “military board” argument that every one of them is a POW, then how does he rationalize holding POWs when we’re not at war?

    Or does Graham believe we’re fighting a declared war somewhere?


  11. BobbyG says:

    It’s pretty clear by now that the majority of our Gitmo collars were false positives. By some estimates, perhaps ~80%. But Repu’ublicists still call them all “terrorists.”

    BTW, Torture Boy Bybee is in my local news today. My reaction (in the paper and then via faxes to all my congresscritters):

    May 7th, 2009

    The Las Vegas Sun today reports that Judge Jay Bybee is “reaching out to the Nevada Congressional delegation” in trying to evade accountability for his pro-torture actions. Below is my comment on the article. It looks very much as though you people are going to allow this to be swept under the rug. The ever-loyal, Party-Before-Country John Ensign, I can understand, the rest of you I cannot.

    Robert E. Gladd

    See also:

    http://open.salon.com/blog/bobbyg/2009/05/06/mission_truly_accomplished

    Jay Bybee enthusiastically endorsed the commission of war crimes. It’s not even a close call. You don’t get to “define torture down.”

    One salient point: “torture” (”is/is not”) has become a distractive Bright Shiny Thing, a red herring.

    Read the statutes, 18.USC.2340, 18.USC.2441. Read Common Article 3, etc. They proscribe “torture” and OTHER forms of abuse/degrading acts — even threats of them.

    Having lost the jus cogens / peremptory norm moral argument, torture apologists then descend to the “definition-of-’IS’” “torture/not torture” rhetorical parsing. Having lost that argument by a mile, they descend further yet to the empirically problematic “efficacy” argument. When they lose on THAT count, it’s time to in desperation pull out the last resort” Ticking Time Bomb” canard. Out of logical arguments, they become the Black Knight at the stream crossing in “Holy Grail.” But, hey, that won’t stop them.

    Let’s keep our eyes on the prize: accountability. Jay Bybee, by his own hand — in considerable detail — has suborned the commission of war crimes. Should he manage to not be held to account, it will mean that we are not a “nation of laws” but a nation of business-as-usual political calculation, one where the connected are accorded passes not available to the commoner.


  12. The Ctenocephalides Dogfather says:

    Actually, SnoBird, you’re thinking of the Declaration of Independence, which in its preamble says “We hold these truths to be self-evident: that all men are created equal;. . . .”


  13. dixie blood says:

    Come on Lindseed…

    get out the closet already…

    you don’t have to pretend to be a “real man” any longer…

    you can give up the fake ass macho shit…

    and join the human race…

    just sayin’…


  14. kasinca says:

    Ms. Lindsey is an ass clown. Gitmo is a sore spot and if we have grounds to hold these people, whomever they are, there should be grounds to try them and put them away. If we do not have grounds to try them, we do not have proof that they are that damned dangerous. I am not a lawyer but I am not an idiot or a reichwingnut hatefilled coward, afraid of my shadow.


  15. neoparody says:

    exactly why hasn’t gitmo been closed? i want to know why. i’m enjoying free-market produced tacos in the meantime.


  16. RantingTommy says:

    o look at CFP, trying to spin this as something to dis Obama about

    you are one seriously one-tracked little coward


  17. cdwriteme says:

    Besides being an idiot hate-monger, does anyone else think that if “Lindsey” came to terms with his sexuality he might start developing into a better person?


  18. dixie blood says:

    ConservativeForProgress Says:
    ——————————————————————————–

    Obama has had 100 + days to close Gitmo. Why hasn’t Gitmo been closed? Same question 100 days from now. It will still be open.

    Google it stupid.


  19. chiroptera toasterhead says:

    ConservativeForProgress Says:

    Obama has had 100 + days to close Gitmo. Why hasn’t Gitmo been closed? Same question 100 days from now. It will still be open.

    May 7th, 2009 at 3:56 pm
    ____________

    It’s not a light switch you can just shut off instantly. It is an extremely complicated legal and logistical nightmare with a lot of details to be ironed out. Obama gave his administration a year to complete the task. 100 days is less than 1/3 of that.


  20. dixie blood says:

    cdwriteme Says:
    ——————————————————————————–

    Besides being an idiot hate-monger, does anyone else think that if “Lindsey” came to terms with his sexuality he might start developing into a better person?

    The truth can set him free…lies never will…


  21. rmwarnick says:

    Looks like Senator Graham’s baseless claim is part of the latest GOP push to scare everyone about closing down Guantanamo.

    Rep. John Boehner:

    The terrorists held at the Guantanamo Bay prison… are some of the world’s most cold-blooded terrorists who have dedicated most of their lives to killing Americans and our allies. In short, they are some of the most dangerous men in the world.

    …The decision was recently made to close the facility without a backup plan, meaning these terrorists will be shipped out of isolation and potentially into American communities.


  22. Xisithrus says:

    Lyndsey, go do your job as a public servant, please.


  23. Xisithrus says:

    Looks like Senator Graham’s baseless claim is part of the latest GOP push to scare everyone about closing down Guantanamo.

    Actually some 50-80 million has been removed, by the democrats, from the funding of the closing of Gitmo…


  24. republicanSScareme says:

    Dear Mr. Graham,

    Does it bother you that Americans consider you one of the most repugnant members of Congress? When did you join Mossad?

    A decent American.


  25. Buckie Boy says:

    If weren’t enemy combatants when they were sold out for ransom money from opposing warlords…

    …they sure as hell are going to be.

    How would you feel towards a country that jailed you for 6 or 7 years without charges if you were simply dragged in for doing nothing?

    I would be sooooo pissed, and I would want revenge.


  26. BobbyG says:

    Re:

    Rep. John Boehner:

    The terrorists held at the Guantanamo Bay prison… In short, they are some of the most dangerous men in the world.

    LOL. You need only watch one or two episodes of MSNBC’s “Lockup” series to know that every day we successfully deal with a large number of some of the worst human monsters imaginable.

    Rep “Boner,” STFU.


  27. SnoBird says:

    Twisting the Constitution, Christianity, hiding in caves . . . South Carolina, boot this tool . . . and Dick Cheney . . . wtf? the more you spew, the more sunshine illuminates the fact that your are evil and Bush was your tool.

    Also rising to clear view are terrible weaknesses in the judicial system, the electorate, the military, the SEC, Office of Homeland Security, every other governmental institution vested with power to protect and defend. For example, the press utterly failed. The press and religious institutions deserve particular recognition for greed, gluttony and utter irresponsibility, feeding at the trough and an abysmal disregard of ethical responsibility.

    United Methodist Church . . . you essentially have embraced the worst human rights violations known to the Western World since the holocast. Nice. . . at least Lindsey Graham and Senator Sessions support you. . . me? Not so much. . . Dubya has a platform at SMU, but it’s a stain on the church and the institution that you’ve given it to him. As time goes on, this decision on your part will become increasingly cringe-worthy.

    Much shame to go around.


  28. po says:

    Not forever – that’s god’s domain, silly republican – you get to hold them just until they die. why? because that’s how america rolls – do as we say, not as we do. don’t know about y’all, but i’m damn tired of this.


  29. lurkmode says:

    GRAHAM: Well, I don’t care.

    That’s just a great attitude. And I believe him. He doesn’t care about anyone but his donors and reich wing constituents.


  30. pete says:

    Good ol’ Lindsey shows, once again, that the beliefs of the GOP are the opposite of American values.

    Plus, Obama announced that Gitmo will close by the end of the year within the first few days he was in office. I can’t recall the details but, the information is out there (I’ll look it up when I have a minute). And? When one considers the complexity of the problem, I wouldn’t be surprised if it takes longer.

    The worst thing about Lindsey’s statement is that it’s irresponsible and dangerous. Frankly, I’m no longer surprised when a GOoPer says something that will enrage the people they have made into our enemies. While the Reichwhiners shriek about the safety of our soldiers, morons like Lindsey tells the whole freakin’ World that he wants the U.S. to hold these prisoners forever.

    Our enemies are the brothers, and fathers, and sons, and relations to the nth degree of those we are holding. They aren’t likely to stop fighting as long as their relations and countrymen are being held indefinitely. Ask the Irish or Israelis about how much goodwill they earn for holding what amount to political prisoners.

    If Lindsey and the Reichwhiners get their way? Our future will be the same as the past of every nation who’s ever held political prisoners. We may be able to escape the worst of it here at home but? Americans will be free game around the World as long as we hold those prisoners and occupy foreign lands. Things are awful enough without idiots enraging the people we are fighting just for a soundbite.


  31. SnoBird says:

    The Ctenocephalides Dogfather’

    Thanks for the correction. Oops.


  32. kasinca says:

    ConservativeForProgress Says:
    ——————————————————————————–

    Obama has had 100 + days to close Gitmo. Why hasn’t Gitmo been closed? Same question 100 days from now. It will still be open.
    ==============================================================

    One of the first things the president did was order the closing within twelve months. That is in process. Nowhere has he ever said he would close it in 100 days. Answer me this: Why are the 21%ers typically morons?


  33. chiroptera toasterhead says:

    BobbyG Says:

    LOL. You need only watch one or two episodes of MSNBC’s “Lockup” series to know that every day we successfully deal with a large number of some of the worst human monsters imaginable.

    May 7th, 2009 at 4:15 pm
    ___________

    Exactly. If we can keep 1 out of 100 Americans incarcerated, surely our prison system can handle two dozen Yemenis.

    And if we really need room, there are plenty of non-violent drug offenders in the system who have no business being in prison in the first place.

    Of course, this brings up the equally disturbing issue of the privatization of the U.S. prison system and some of the legal and juristic abuses that have resulted from it, such as judges receiving kickbacks to send juveniles and non-violent offenders to corporate-run prisons.


  34. spring heeled jack says:

    Ms. Lindsey is so butch.

    You know, Miss Graham–if your nasty, if you recognize that we had crappy intel about Iraq, doesn’t it also follow that maybe we have crappy intel about this vague enemy force and alot of these poor souls are only guilty of being dark-skinned and Muslim and on the wrong side of vindictive war lords?

    But, you don’t care, do you?


  35. pastcaring says:

    GRAHAM: Well, I don’t care…about the law, the constitution blah blah blah…because most of the people don’t really know about it anyway…and it will make it easier to do it again, in the future…


  36. Briseadh na Firefly says:

    In the “War on Terror” all people accused of being Terrorists can be incarcerated for life on the accusation.

    Therefore, in the “War on Drugs” all people accused of using drugs can be incarcerated for life on the accusation.

    And, in the “War on Poverty” all people who are poor can be incarcerated for life as well.

    Thus is the extension to the logical extreme of the extreme “Right’s” logic.


  37. Great Frybread King says:

    Graham and his ilk are the biggest pussies to ever sit in Congress. They’re so fearful of those brown terrorists that they’re willing to keep people locked up “forever” without trial.

    Doesn’t Graham realize being imprisoned without due process of law, among other abuses by the monarchy, was one of the reasons for the formation of America?


  38. MapleStreet says:

    And Graham is a military lawyer.

    Need more proof that he drunk the Kool Aid ?


  39. flight says:

    I can’t imagine an intelligent conversation with Lindsey Graham. The guy can’t even get his story line straight.
    The guy is the best and brightest the Republicans can offer?
    South Carolina must do some soul searching!


  40. Hoodathunktick says:

    Will somebody please get this ‘declaring war’ crap straightened out? You can’t declare war on an idea. You can call it a war but the legalities do not apply. Neither the military nor the CIA has any authority to ‘declare’ someone an enemy combatant when Congress has not established a declared war.


  41. Lunaluz says:

    Apparently Lindsey can’t keep his gosh darned foot out of his mouth. I remember after 911 how the administration used the color coded threat warnings, that was just a tool to keep people scared while they tried to shred the constitution and erode our rights. It worked back then, so they are playing that one trick pony again. They aren’t even orginal, with their fear mongering. Lindsey best get back under his bed and hide like the whiney little bi*ch he is.


  42. Jackie says:

    Miss Graham was to scared to serve in the US Military and would piss his pants if anyone said Boo!! Many of the detainees were captured with false information and aren’t involved in Al Qeada as was the woman/children the US kidnapped and tortured. Miss Graham would do well to stay safe in the US because if anyone got their hands on him they would find out he’s a wimp.


  43. wiley says:

    They’re hostages.


  44. Libellula saturata Annie says:

    Eh, shaddup, Liberace, ya lying pantywaist.


  45. NorthernLite says:

    I hate to burst your bubble Senator Graham Cracker, well actually I do, but there is no such international prisoner designation as “Enemy Combatant”. That term was just pulled out of your president’s @ss so he could hold anybody handed to him as long as he feels like without any due process. This even violates the Magna Carta written in 1215. Well done GOPers.


  46. glogrrl says:

    Well, Mr. Graham, since the Republican Party is showing itself on a daily basis as being an enemy of the Obama state by slamming every freakin’ thing he tries to do to improve America, let’s just throw you, as an enemy combatant, into a cell in Guantanamo and hold you there forever. Then we wouldn’t have to listen to your incessant braying about things you know nothing about. STFU.


  47. youtube says:

    shut it down.


  48. lebowski says:

    The morons at redstate are pimping this to no end:

    http://blahgblog.wordpress.com/2009/05/07/teh-crazy-it-burns/

    Will they ever realize how absurd they are being?


  49. DICKERSON3870 says:

    LINDSEY: “Whatever you desire!” (fleur-de-lis)


  50. EugeneDebs says:

    neoparasite find some self respect you moron. You come here day after day begging us to pity you but you are SOOO boring you will never get our pity. Give up, go on a QUEST for some self respect. You humiliate yourself day after day. Just how embarassing are you willing to be?


  51. Robt says:

    Lindsey still dreams of being king. Being in King McCain’s court did come through.

    Lindsey is a sorry American.


  52. Max Anax junius -1 says:

    .

    Sissy Graham makes a convenient argument for al-CIA-duh…
    … If it was al-CIA-duh holding U.S. service members in far off locations and subjecting them to torture.

    .


  53. Max Anax junius -1 says:

    .

    Dear Senator Graham,
    Please show us where Geneva Conventions says signatories of said agreement may violate that said signed agreement?

    XXOO
    America

    .


  54. EugeneDebs says:

    ConservativeMORON you worthless punkass troll go back to your bridge. What joy do you get out of being a troll. Just being a petulant little punk. Without a shred of decency KNOWING you are so pathetic that whining snivelling and being a jerk is the very best you have to offer? If I were half as stupid as you I would commit supuku immediatly as a service to all mankind. You disgusting pile of dogshite.




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