No other way to handle Guantanamo now

As Robert Redford pointed out in a recent interview on public TV, “Attorney General Eric Holder knows full well that in reversing his position on Guantanamo he and the Obama administration are yielding to a clear violation of the U.S. Constitution.”That is undoubtedly true. Nearly 400 years of legal precedent holds that the right of due process and the writ of habeas corpus (appeal to the courts of law to challenge detention) are inviolable, irrespective of whether the prisoner is held by the state at home or abroad.Such is the clear requirement of international treaty law, which, once ratified under the U.S. Constitution, becomes “the supreme law of the land” in the United States and in all signatory countries. There is no higher law. We cannot just make things up. Just because we label a person as an “enemy of the crown,” or as an “enemy of the state,” that action does not change the law.Of course, a “terrorist” or any person suspected of doing imminent criminal harm can be temporarily detained, while under investigation, to prevent that harm, pending adjudication under law. As the Obama administration has proposed, we would do well to better clarify and codify as necessary the conditions governing such legitimate detention.Arbitrary and indefinite detentions are not in the cards, and torture is utterly out of the question, as well as unconstitutional and immoral. To date, no one of rank has been investigated and prosecuted for torture at Abu Ghraib or Guantanamo. A principal objection to military tribunals or commissions, as so far described, is that they do not provide the full basic constitutional rights of due process and they permit the introduction of tainted evidence coerced by torture. Unless they meet constitutional standards, such tribunals are unacceptable.President Obama and Attorney General Holder know where they stand on both the law and the morality of Bush-era detention. They promised to close Guantanamo. But they are stymied by a so-called conservative block in Congress from closing down Guantanamo and from transferring accused persons for trial in U.S. courts and possible conviction and incarceration in U.S. prisons. The Republican block in Congress has cut off all funding for closing Guantanamo. They have passed legislation blocking criminal trials here in the United States. So what can the administration do? In baseball jargon, this is a forced play at base. They have to try the accused somehow, somewhere; they have no real alternative. They do not really have the power of decision to do more than this at this time.The administration cannot even rely on the remedy of the courts, ultimately by appeal to a Supreme Court packed 5 to 4 by a block of like-minded conservative justices. Any court that can find in the U.S. Constitution a greater right of “person” and “free speech” for corporations (which are nowhere mentioned in the document) than for actual persons (repeatedly mentioned) can hardly be counted on to find due process and habeas corpus rights for ordinary persons who are detained at Guantanamo and suspected of acts of terrorism, of which they may or may not be guilty.When some Supreme Court justices themselves or their family members are seen engaging in fundraising or participating in extreme political activities, promoting deregulation, economic inequity and denial of social benefits, they can hardly be expected to put their ideological and political biases aside when reviewing cases, even those involving democracy and fundamental human rights.That is why we need new legislation requiring the Supreme Court justices to be bound by a code of ethics as other federal judges are. Connecticut’s U.S. Congressman Chris Murphy has introduced a bill to do precisely that. Such a bill probably cannot bypass the blockades in Congress and in the Supreme Court, at least not at this time, but it’s never bad to propose legislation simply because it’s right.Sharon resident Anthony Piel is a former director and general legal counsel of the World Health Organization.

Latest News

A scenic 32-mile loop through Litchfield County

Whenever I need to get a quick but scenic bicycle ride but don’t have time to organize a group ride that involves driving to a meeting point, I just turn right out of my driveway. That begins a 32-mile loop through some of the prettiest scenery in northern Litchfield County.

I ride south on Undermountain Road (Route 41 South) into Salisbury and turn right on Main Street (Route 44 West). If I’m meeting friends, we gather at the parking area on the west side of Salisbury Town Hall where parking is never a problem.

Keep ReadingShow less
Biking Ancramdale to Copake

This is a lovely ride that loops from Ancramdale north to Copake and back. At just over 23 miles and about 1,300 feet of elevation gain, it’s a perfect route for intermediate recreational riders and takes about two hours to complete. It’s entirely on quiet roads with little traffic, winding through rolling hills, open countryside, picturesque farms and several lakes.

Along the way, you’ll pass a couple of farmstands that are worth a quick visit. There is only one hill that might be described as steep, but it is quite short — probably less than a quarter-mile.

Keep ReadingShow less
Taking on Tanglewood

Aerial view of The Shed at Tanglewood in Lenox, Mass.

Provided

Now is the perfect time to plan ahead for symphonic music this summer at Tanglewood in Lenox, Massachusetts. Here are a few highlights from the classical programming.

Saturday, July 5: Shed Opening Night at 8 p.m. Andris Nelsons conducts the Boston Symphony Orchestra as Daniil Trifonov plays piano in an All-Rachmaninoff program. The Piano Concerto No. 3 was completed in 1909 and was written specifically to be debuted in the composer’s American tour, at another time of unrest and upheaval in Russia. Trifonev is well-equipped to take on what is considered among the most technically difficult piano pieces. This program also includes Symphonic Dances, a work encapsulating many ideas and much nostalgia.

Keep ReadingShow less
James H. Fox

SHARON — James H. Fox, resident of Sharon, passed away on May 30, 2025, at Vassar Brothers Hospital.

Born in New York, New York, to Herbert Fox and Margaret Moser, James grew up in Hastings-on-Hudson, New York. He spent his summers in Gaylordsville, Connecticut, where he developed a deep connection to the community.

Keep ReadingShow less