We've got fifty people at Gitmo that are too dangerous to be let go that will never go through a normal criminal trial. Let's create a new legal system, so they'll have their day in court.

Lindsey Graham’s quote addresses the detention center at Guantanamo Bay (Gitmo), where individuals suspected of terrorism are held. He points out that there are fifty detainees who are considered too dangerous to be released but who cannot undergo a traditional criminal trial. Graham suggests the creation of a new legal system to handle these individuals, allowing them to have their day in court while still ensuring national security. This statement reflects his concern with balancing the rights of detainees with the need for a more practical and secure judicial process for those involved in counterterrorism efforts.

The core of Graham’s argument is the recognition that the normal criminal justice system is not well-equipped to handle the unique challenges posed by terrorism suspects. Due to concerns about classified information, national security, and the nature of the crimes, the traditional judicial processes may not be appropriate. Instead, he advocates for a specialized legal framework that can still provide the detainees with a form of due process, while also addressing the security risks they pose.

Graham’s proposal to create a new legal system would essentially carve out a distinct set of procedures for handling cases of high-security detainees. This new system would likely involve a different set of rules for evidence, trial procedures, and potential outcomes, given the sensitive nature of the cases. It reflects a broader debate over how to balance civil liberties with security concerns, particularly in the context of counterterrorism and the ongoing war on terror.

The origin of this quote comes from Lindsey Graham, a U.S. Senator from South Carolina, known for his strong stance on national security issues and his involvement in military law. Graham’s remarks were made in the context of discussions about the legal status of detainees at Gitmo and the challenges of handling them within the existing criminal justice system. His position reflects the complexities of dealing with terrorism suspects in a post-9/11 world, where traditional legal norms may not always apply.