It’s not a secret that due process is dead in this country but the most recent news from the Guantanamo Bay detention facility really drives the point home:
The US has listed 46 inmates held at its military prison in Guantanamo Bay who it says it does not have the evidence to try but are too dangerous to release.
Could somebody explain to me how the federal government lacks enough evidence to try these 46 individuals but has enough evidence to indicate that they’re too dangerous to release? If there’s evidence that they’ve performed violent acts in the past they can be tried, if there no such evidence exists then they’re not demonstrably dangerous and should be released immediately.
The message here is quite simple: you’re guilty and will be punished when the state says you’re guilty and should be punished. There is no due process here, just a state that has reserved the power to indefinitely detain anybody it wants for whatever reason it wants.
This information does raise an interesting question though, what would happen if a foreign government decided to arrest Americans and detain them without trial?