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May 10, 2009
Obama Set to Revive Military Commissions
Guantanamo Bay's military commissions were frozen by the Obama administration. Now it appears they will reappear in a different venue.
Obama Set to Revive Military Commissions
The Obama administration is preparing to revive the system of military commissions established at Guantanamo Bay, Cuba, under new rules that would offer terrorism suspects greater legal protections, government officials said.
The rules would block the use of evidence obtained from coercive interrogations, tighten the admissibility of hearsay testimony and allow detainees greater freedom to choose their attorneys, said the officials, who spoke on the condition of anonymity because they were not authorized to speak publicly.
The military commissions have allowed the trial of terrorism suspects in a setting that favors the government and protects classified information, but they were sharply criticized during the administration of President George W. Bush. "By any measure, our system of trying detainees has been an enormous failure," then-candidate Barack Obama said in June 2008.
In one of its first acts, the Obama administration obtained a 120-day suspension of the military commissions; that will expire May 20. Human rights groups had interpreted the suspension as the death knell for military commissions and expected the transfer of cases to military courts martial or federal courts.
Officials said yesterday that the Obama administration will seek a 90-day extension of the suspension as early as next week. It would subsequently restart the commissions on American soil, probably at military bases, according to a lawyer briefed on the plan.
"This is an extraordinary development, and it's going to tarnish the image of American justice again," said Tom Parker, a counterterrorism specialist at Amnesty International.
The administration's extension would allow it to meet a requirement to provide Congress with 60 days' notice of any rule changes in the way the commissions function, officials said. Congress established the commissions in 2006 after the Supreme Court struck down a system of military tribunals created by the Bush administration.
The Obama administration's plan to reinstate the commissions with modifications reflects the fear that some cases would fail in federal courts or in standard military legal settings.
"It looks a lot more difficult now than it did on Jan. 20," said one government official.
Civil liberties advocates, who insist that federal courts can handle terrorism cases, vowed to challenge any new process.
"We'll litigate this before they can proceed, absolutely," said Anthony D. Romero, the executive director of the American Civil Liberties Union. "Any effort to tinker with military commissions would be an enormous mistake. There is no way to fix a flawed process that has not rendered justice."
Wild Thing's comment.......
“It would subsequently restart the commissions on American soil, probably at military bases, according to a lawyer briefed on the plan.”
This is an end run around the objections to having the terrorists released here. Once they are acquitted, they will be released here. The others will by default be detained here and become a cause celeb for looney activists.
Andrew McCarthy at National Review Online calls this Obama's Commission Farce
Posted by Wild Thing at May 10, 2009 07:44 AM
Comments
Now the terrorists will have the same rights as Americans. In fact by the time Nitwit Napolotano is done they will have a Second Amendment and we the Right-Wing extremists won't.
Posted by: Mark at May 10, 2009 06:09 PM
Mark, when all this comes to happening.
And the first attack happens, it could be
a one on one attack or a bus, or outdoor
cafe or something, but when it happens, we
will be living like they have had to do in
Israel. They have had to learn how to live
and check exits on places they enter and it
is always on their minds. It will all be
because of Obama.
Your absolutely right Mark.
Posted by: Wild Thing at May 10, 2009 08:15 PM
