Why U.S. prisons are located outside of the country

 

I learned this information after 1) attending a panel discussion at the Philadelphia Constitution Center after 911, when outrage about housing prisoners at Guantanamo Bay was a hot topic, and 2) my study of the history of the doctrine of habeas corpus, the Patriot Act and the definition of “terrorism”.

Anyone in a federal prison can file a Writ of Habeas Corpus, demanding they be told of the crimes causing their incarceration, and that they be tried for said actions.  This applies to anyone in federal prison, be they a citizen or not.  Note that the Patriot Act nullified this option for prisoners accused of terrorism. Also note that there is no internationally recognized definition of the actions that are termed “terrorism”.

So, once a prisoner’s Writ is granted, and he is tried in a court of law, once found innocent, he is immediately released and can walk freely out of the courthouse.  So, holding prisoners outside of the U.S. avoids the risk of setting very bad people, or people with ill intent toward the U.S., free on the streets of the U.S.,