Secret evidence. Denial of habeas corpus. Evidence obtained by waterboarding. Indefinite detention. The litany of complaints about the legal treatment of prisoners at Guantánamo Bay is long, disturbing and by now familiar. Nonetheless, a new wave of shock and criticism greeted the Pentagon's announcement on February 11 that it was charging six Guantánamo detainees, including alleged 9/11 mastermind Khalid Shaikh Mohammed, with war crimes--and seeking the death penalty for all of them.Towards the end of the article we read:
Now, as the murky, quasi-legal staging of the Bush Administration's military commissions unfolds, a key official has told The Nation that the trials are rigged from the start. According to Col. Morris Davis, former chief prosecutor for Guantánamo's military commissions, the process has been manipulated by Administration appointees in an attempt to foreclose the possibility of acquittal.
"If someone was acquitted, then it would suggest we did the wrong thing in the first place. That can't happen," says Horton sardonically.[Scott Horton teaches law at Columbia and "has written extensively about Haynes's conflicts with the Judge Advocate General's (JAG) corps, the judicial arm of the Armed Forces."]
Read the whole thing.
Do you find this acceptable?
h/t mcjoan for her post Show trials at Daily Kos. She notes:
[William] Haynes was a legal adviser to Rumsfeld and Gates. Bush nominated him to a federal bench position, but his nomination was actually blocked by Republican Lindsey Graham because of Haynes involvement in developing the Pentagon's torture policies. He was bad enough for Lindsay Graham to block him, and he's in charge of the Gitmo trials.Anybody remember that quaint phrase "EQUAL JUSTICE UNDER LAW"? They are inscribed over the main entrance to the Supreme Court building.
The Gitmo detainees have no hope of a fair trial, and even if they should be acquitted (against the apparent rules the administration has imposed) the government has already said they can be held indefinitely because they've already been deemed "enemy combatants." Those who survive the show trials will never breathe free air if the Bush administration has anything to say about it.
I wish this nation still believed in, and practiced, this.
--the BB
1 comment:
Paul, if you think about the history of the United States, there are probably more times when there was not equal justice under law, than times when there was equal justice. In fact, I'm finding it hard to think of the times during our history, when we truly put equal justice into practice?
Not to be cynical, or anything.
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