Wednesday, February 13, 2008

Democracy Just Keeps On Delivering

NYT's edition:

The Bush administration’s decision to put six detainees at Guantánamo Bay, Cuba, on trial before military tribunals and to seek the death penalty is both a betrayal of American ideals and simply bad strategy. Instead of being what they could and should be — a model of justice dispensed impartially, surely and dispassionately — the trials will proceed under deeply flawed procedures that violate this country’s basic fairness. The intense negative attention they will receive will do enormous damage to what is left of America’s standing in world opinion.

...This week’s announcement is a reminder that those rights will be so limited in the military tribunals that the credibility of any verdict will be undermined. Prosecutors will be able to use evidence obtained by improper means, including by torture. The rules will be stacked in the government’s favor, so hearsay evidence that would not be allowed in civilian courts may be allowed. Prosecutors may rely on classified evidence that the defendants will not be able to challenge. Defendants may not be allowed to call important witnesses.

Hanging over it all is the Kafkaesque fact that even if the defendants were somehow to beat the charges, they would not be set free. They would simply go back to being detainees in Guantánamo.


Dog bless America.

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