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View Diary: Col. Morris Davis: Obama's Malleable Principles on Military Commissions (18 comments)

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  •  Davis explained Obama's shifting (2+ / 0-)
    Recommended by:
    aliasalias, NonnyO

    positions on federal court trials for terrorism suspects:

    Apologists for the tarnished military commissions, like Attorney General Eric Holder and the sixth and current chief prosecutor Brigadier General Mark Martins, acknowledge that our regular federal courts are best suited for terrorism trials. Holder told an audience at Northwestern University in March:
    Simply put, since 9/11, hundreds of individuals have been convicted of terrorism or terrorism-related offenses in Article III courts and are now serving long sentences in federal prison.  Not one has ever escaped custody.  No judicial district has suffered any kind of retaliatory attack. These are facts, not opinions.  There are not two sides to this story. Those who claim that our federal courts are incapable of handling terrorism cases are not registering a dissenting opinion – they are simply wrong.
    After singing the praises of the federal courts – which really have been swift, severe and successful in comparison to the six and-a-half dubious trials completed over the past decade at Guantanamo – Martins and Holder pivot to polishing the image of the tarnished military commissions they argue are well-suited for a small category of cases. Martins told an audience at Harvard in April:
    It is perfectly reasonable to ask why – with concurrent jurisdiction over offenses that can be characterized as both federal civilian crimes and violations of the law of war and with comparable procedural protections – we should invest great energy and resources in military trials. The answer is that there is a narrow but important category of cases in which the pragmatic and principled choice among the lawful tools available to protect our people and serve the interests of justice is a reformed military commission.
    http://www.salon.com/...

    My book, TRAITOR: THE WHISTLEBLOWER & THE "AMERICAN TALIBAN," is Amazon's #1 Best Seller in Human Rights Books for February 2012.

    by Jesselyn Radack on Thu May 03, 2012 at 12:35:51 PM PDT

    [ Parent ]

    •  It's obvious (1+ / 0-)
      Recommended by:
      aliasalias

      There are two categories of enemy combatants - those who are run of the mill and easily handled in Constitutionally-driven Article III courts and then the incorrigibles that were truly tortured through waterboarding or other enhanced interrogation techniques.

      The latter who have been indefinitely detained would no doubt require admission of evidence involving their torture, so they apparently do not 'qualify' for Article III court due process.

      So we kept trying to make the military commission system work in a way it was never designed to work outside of law.

      I thought we were bringing them to justice?

      The bad guys deserve facing their fate in court.

      "Truth is treason in the empire of lies." - George Orwell

      by Thomas Drake on Thu May 03, 2012 at 01:40:41 PM PDT

      [ Parent ]

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