On the oft-repeated "Sixth Amendment standard" for the prisoners at Guantanamo

tomvox1

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Wednesday May 20, 2009 · 12:06 PM PDT

2009/05/20 · 12:06

It is often claimed in raising objections to the use of military commissions to try the prisoners at Guantanamo that these prisoners must be tried under the protection of the Sixth Amendment of the United States Constitution and perhaps according to the exact standards laid out in the Uniform Code of Military Justice for any such trials to be fair. The problem with this seemingly reasonable and humane position is that it is highly probable that neither the Sixth Amendment nor the Uniform Code of Military Justice applies to the great majority of foreign detainees held at Guantanamo.

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