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Re: Obama Frees Five Prisoners From Gitmo!

Posted by Nilet on Tue Jun 3 07:31:33 2014, in response to Re: Obama Frees Five Prisoners From Gitmo!, posted by TerrApin Station on Tue Jun 3 07:16:12 2014.

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They can, if the judge determines it's necessary to compel court appearances at a bail hearing in which they are afforded the opportunity to respond.

However, jail is not the same thing as prison, and neither is the same thing as "indefinite" imprisonment in a concentration camp.

A person who has been charged with a crime on the basis of probable cause and is awaiting trial can be locked up until the trial has concluded, under relatively exceptional circumstances, and with a guarantee that the duration of said confinement has an absolute maximum limit (that being the right to a speedy trial in that same amendment; if the prosecutors delay for too long, the charge can be thrown out on a speedy trial motion). This does not, in any way, justify the indefinite imprisonment of people who have not been charged with a crime, in the complete absence of even probable cause that any crime has even occurred, without any ability to challenge that imprisonment.

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