A current Guantanamo detainee, Mohamedou Slahi, just published a book about his ordeal. The book is redacted of course but it still tells an arresting story.
M. Slahi was captured in 2000. He has been held in detention, mostly at Guantanamo prison since 2002 but in other places too . The motive was that he supposedly helped recruit three of the 9/11 hijackers and that he was involved in other terror plots in the US and Canada (unidentified plots.).
Slahi admits to traveling to Afghanistan to fight in the early 1990s, when the US. was supporting the mujahedin in their fight against the Soviet Union. He pledged allegiance to al Qaeda in 1991 but claims he broke ties with the group shortly after.
He was in fact never convicted. He was not even formally charged with anything. Slahi has spent 13 years in custody, most of his young adulthood. If he is indeed a terrorist, I say, Bravo and let’s keep him there until the current conflict between violent jihadists and the US comes to an end. Terror jihadists can’t plant bombs in hotels while they are in Guantanamo. And, by the way, I am not squeamish about what those who protect us must do to people we suspect of having information important to our safety. I sometimes even deplore that we do to them is not imaginative enough. And, I think that the recent allegations to the effect that torture produces nothing of interest are absurd on their face.
But what if the guy is an innocent shepherd, or fisherman, or traveling salesman found in the wrong place? What if he is a victim of a vendetta by the corrupt police of his own country who delivered him over? What if he was simply sold to our intelligence services? What if, in short, he is has no more been involved in terrorism than I have? The question arises in Slahi’s case because the authorities had thirteen years to produce enough information, from him and from others, to charge him. They can’t even give good reasons why they think he is a terrorist in some way, shape or form. It shouldn’t be that hard. If he so much as lend his cellphone to a terrorist I am for giving him the longest sentence available. or simply to keep him until the end of hostilities (perhaps one century).
And if having fought in Afghanistan and having pledged allegiance to Al Qaeda at some point are his crimes, charge him, try him promptly even by a military commission, or declare formally, publicly that he is a prisoner not protected by the Geneva Conventions, because he was caught engaged in hostile action against the US while out of uniform and fighting for no constituted government. How difficult can this be?
I am concerned, because, as a libertarian conservative, I am quite certain that any government bureaucracy will usually cover its ass in preference to doing the morally right thing. (The American Revolution was largely fought against precisely this kind of abuse.) Is it possible that the Pentagon or some other government agency wants to keep this man imprisoned in order to hide their mistakes of thirteen years ago? I believe that to ask the question is to answer it.
This kind of issue is becoming more pressing instead of vanishing little by little because it looks like 9/11 what just the opening course. It looks like we are in this struggle against violent jihadism for the long run. Again, I am not proposing we go soft on terrorism. I worry that we are becoming used to government arbitrariness and mindless cruelty. I suspect that conservatives are often conflating their dislike of the president’s soft touch and indecision about terrorism with neglect of fairness and humanity. I fear we are becoming less American.
Let me ask again: What if this man, and some others in Guantanamo, have done absolutely nothing against us?
Of course, I hope the US will keep Guantanamo prison open as long as necessary. In fact, I expect fresh planeloads of real terrorist from Syria and Iraq to come in soon. I really hope that Congress will have the intestinal fortitude to call President Obama’s bluff on closing the prison. Congress has the means to stop it if it wants to.