This is rather stunning:
A U.S. military judge has ordered attorneys for a Guantanamo detainee accused of killing a U.S. soldier not to reveal the identities of trial witnesses to anybody, including their Canadian-born client, according to recently released documents.
Kind of makes it hard to defend yourself.
Is this a new low for America? More on the flip side.
From the NY Times:
A U.S. military judge has ordered attorneys for a Guantanamo detainee accused of killing a U.S. soldier not to reveal the identities of trial witnesses to anybody, including their Canadian-born client, according to recently released documents.
The ruling was issued in the case of Omar Khadr, 21, which could become the first to go to trial at the Guantanamo Bay Navy base in southeast Cuba as soon as the spring.
What does the defendants lawyer think? That it's kind of hard to mount a defense if you don't know who the witnesses are that are testifying against you:
But Khadr's lead attorney, Navy Lt. Cmdr. William Kuebler, protested the order against revealing witnesses' identities, saying it will make it harder to investigate their claims and force him to keep secrets from his client.
''It interferes with defense counsels' ability to form a relationship of trust and confidence with the accused,'' Kuebler wrote to the judge, according to documents released by the Pentagon this week.
Why do this? To protect the witnesses, of course:
The judge, Army Col. Peter Brownback, issued the order Oct. 15 following a request by military prosecutors, who argued witnesses should be protected from possible terrorist retaliation.
''It is conceivable, if not likely, that al Qaeda members or sympathizers could attempt to target witnesses,'' wrote Marine Corps Maj. Jeffrey Groharing, the lead prosecutor in the case.
Just when you think things couldn't get any worse, we get secret courts with secret witnesses for the prosecution, courtesy of one of the many mea culpas uttered by our Dem majority, the Military Commissions Act of 2006. You know, that one that does away with habeas corpus, a right enshrined in the Magna Carta back in the 1200's.
So do you think Omar Khadr, just 15 when picked up in Afghanistan in 2002, has a chance to get a fair trial? On this, the third try for the Pentagon?
Secret trials with secret witnesses. This is a new low, even for BushCo.
I fear for our country.
UPDATE: From the Pentagon press release on the latest hearing:
Khadr appeared in court dressed like a typical teen, wearing an athletic jersey-styled red and blue T-shirt sporting the logo of a Canadian company.
...
Before the hearing adjourned for the day, presiding officer[i.e. Judge] Marine Col. Robert S. Chester objected to Khadr's attire and instructed attorneys to ensure he did not return to court the following day in a T-shirt. Published rules for courtroom observers expressly forbid such attire.
...
Most of the hearing dealt with the issue of Khadr's detailed military attorney, Army Capt. John Merriam, who has no trial experience.
I don't really have anything to add.