Obama and Guantanamo Bay

[Tiberius]

There seems to be a confusion with the different definitions of the word "guilty". From Google:

1) Culpable of or responsible for a specified wrongdoing.
2) Justly chargeable with a particular fault or error.

The first definition is the non-legal one. If I murder someone, I am guilty of murdering someone. Whether I have been convicted or not does not change the fact that I am guilty of murdering someone.

The second definition is the legal term. If I am found guilty of murdering someone, then in the eyes of the law, I have murdered someone. This definition is far more relative that the first, as people can be found guilty of murder without having actually murdered someone. Conversely, people can be found not guilty of murder after having actually murdered someone.

What Shell said was:

Yes, some of them are not terrorists, but many of them are guilty.

In other words, many of them are guilty (first definition), despite not having had a trial. This is not saying that they should be convicted without a trial; this is saying that they have done what we claim they have done. All that is required is for the court system to show it for the defendant to be found guilty (second definition).

As far as I am aware, Shell never said we should treat them as if they were guilty either. She wants them treated humanely; presumed innocent, with a right to a fair trial. She just doesn't want them to be allowed on US soil.