Wednesday, August 02, 2006

Star Chamber?

The Washington Post today revealed what the boys at Free Talk Live are calling a "Star Chamber" -- a Bush administration proposal for a new kind of court:

White House Proposal Would Expand Authority of Military Courts:
"A draft Bush administration plan for special military courts seeks to expand the reach and authority of such 'commissions' to include trials, for the first time, of people who are not members of al-Qaeda or the Taliban and are not directly involved in acts of international terrorism, according to officials familiar with the proposal.

The plan, which would replace a military trial system ruled illegal by the Supreme Court in June, would also allow the Secretary of Defense to add crimes at will to those under the military court's jurisdiction. The two provisions would be likely to put more individuals than previously expected before military juries, officials and independent experts said.

Under the proposed procedures, defendants would lack rights to confront accusers, exclude hearsay accusations, or bar evidence obtained through rough or coercive interrogations. They would not be guaranteed a public or speedy trial and would lack the right to choose their military counsel, who in turn would not be guaranteed equal access to evidence held by prosecutors.

Detainees would also not be guaranteed the right to be present at their own trials, if their absence is deemed necessary to protect national security or individuals"


The quotes John D. Hutson, the Navy's top uniformed lawyer from 1997 to 2000, who said the rules would evidently allow the government to tell a prisoner: "We know you're guilty. We can't tell you why, but there's a guy, we can't tell you who, who told us something. We can't tell you what, but you're guilty."

The draft proposed legislation is set to be discussed at two Senate hearings starting today.

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