McCain’s Guantanamo Problem

The New York Times had an interesting story yesterday that question’s Senator John McCain’s eligibility to even be a candidate for president. McCain was not born in this country. He was born on a military base in the Panama Canal zone to an American military father and mother. And there’s considerable legal grounding that military bases, like embassies, are American soil.

But that argument should also hold true for the military base in Guantanamo Bay, Cuba. Is it American soil or not? If so, the detainees should be entitled to all of the rights provided under the Constitution for those on American soil. With military tribunals set to begin, and some of these prisoners being held for as long as six years without being charged, why can’t we put these detainees into the U.S. Criminal Justice system? If the evidence against them is as overwhelming as our government says, getting convictions shouldn’t be a problem. The lead prosecutor in the tribunals recently resigned because of the people the government placed in charge of oversight for the tribunals, leading me to believe the Bush administration is far more interested in convictions and punishment than in justice.

At issue for John McCain: is Gitmo a military base? And if its not, then how are you eligible to run for president?

  4 comments for “McCain’s Guantanamo Problem

  1. Northcountystorm
    February 29, 2008 at 12:12 pm

    They might need to haul out John Eastman to answer that one.

  2. February 29, 2008 at 12:57 pm

    And if its not, then how are you eligible to run for president?

    Maybe because his parents are American citizens, which would make him a “natural born Citizen”.

  3. cook
    February 29, 2008 at 1:29 pm

    The 14th amendment added being born on US soil.

    Before that addition it was, and still is birthright.

  4. Dan Chmielewski
    February 29, 2008 at 2:34 pm

    Pulled this off of CrooksandLiars.com; not sure of the source.

    “Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth.”

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