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Obama's Military Tribunals Still Above the Law
Key Excerpts from Article on Website of San Francisco Chronicle (San Francisco's leading newspaper)
Posted: May 25th, 2009
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/23/...
President Obama says his proposed reforms to the military commissions his predecessor established to try suspected terrorists will bring the tribunals "in line with the rule of law." But it isn't the same law that applies in U.S. courts. Pentagon officials appoint the judges and can remove them. Military commanders choose the jurors, who can convict defendants by non-unanimous votes, except in death penalty cases. The military can monitor defense lawyers' conversations with their clients. Prosecutors can also present evidence that would never pass muster in civilian courts. Confessions made under physical or mental pressure could be admissible, despite Obama's disavowal of torture and coercion. There's no ban on evidence from illegal searches. And defendants may be convicted on the basis of hearsay - a second hand report of an out-of-court accusation by another person, perhaps a fellow suspect, whom the defense never gets to see or question. Civil-liberties advocates and legal organizations defending prisoners who may be tried before the commissions say the system is an invitation to abuse and differs little from the tribunals established by President George W. Bush. "The system is designed to ensure the outcome they want ... convictions in every case," said Ben Wizner, an American Civil Liberties Union attorney who has attended proceedings for prisoners at the U.S. naval base at Guantanamo Bay, Cuba. "This suggests that the much-heralded improvements to the Bush military commission system are largely cosmetic."
Note: For lots more on the "war on terror" from reliable sources, click here.
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