Top Military Lawyers Oppose Special Courts

Discussion in 'Middle East - General' started by Psychoblues, Aug 3, 2006.

  1. Psychoblues
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    Psychoblues Senior Member

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    The administration has said such juries -- to be established within a new system of military "commissions" tailored for trying war crimes in an age of terrorism -- are the only appropriate forum for bringing to justice members or associates of terrorist groups and those accused of anti-U.S. acts in conjunction with such groups.

    The draft legislation debated yesterday would create military commissions to replace the ones struck down in June by the Supreme Court, which ruled that an earlier plan, imposed by the Defense Department without congressional authorization, was unconstitutional. The new proposal seeks to expand the authority of the courts by including defendants who are not members of al-Qaeda or the Taliban and not directly involved in acts of international terrorism.

    Some independent experts and human rights groups have criticized the plan because defendants would be denied many protections guaranteed by the civilian and traditional military criminal justice systems.
    The proposed legislation has not been formally released because of the administration's inability to persuade the military lawyers to accept it, even after two meetings with Attorney General Alberto R. Gonzales.
    The basis for the lawyers' concerns about administration policy, which they first articulated in private memos in 2002 and 2003 for top Defense Department political appointees, is that weak respect for the rights of U.S.-held prisoners eventually could undermine U.S. demands for fair treatment of captured U.S. service personnel.

    "The United States should be an example to the world, sir," Maj. Gen. Scott C. Black, judge advocate general of the Army, told Sen. Russell Feingold (D-Wis.) at the Senate Judiciary Committee hearing. "Reciprocity is something that weighs heavily in all of the discussions that we are undertaking as we develop the process and rules for the commissions, and that's the exact reason, sir. The treatment of soldiers who will be captured on future battlefields is of paramount concern."

    Sen. Lindsey O. Graham (R-S.C.), a reserve Air Force appellate judge who has repeatedly expressed support for the military lawyers' viewpoint, elicited the affirmations of general dissent when he asked the lawyers if "there are still areas of disagreement" with provisions in the administration's working draft.

    Check it all out!!!!!!!!!


    www.washingtonpost.com/wp-dyn/content/article/2006/08/02/AR2006080201652.html
     
  2. Annie
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    Annie Diamond Member

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    Way to go! I added the 3rd w to your ww and got a real link. Bravo!
     
  3. Psychoblues
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    Psychoblues Senior Member

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    I don't know how I could've possibly overlooked that!!!!! Usually I am so exact that mistakes like that couldn't possibly happen. Thanks, sweetie. I always had confidence in you. What a Peach!!!!!


    Psychoblues


     
  4. Annie
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    Annie Diamond Member

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    Wow, if I didn't know better, I'd almost think you left that off on purpose. But I'm sure that would be unfair. :teeth:
     
  5. Psychoblues
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    Psychoblues Senior Member

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    It was genuine and you knew it. Thanks a bunch, Kathy. Do you have a comment about the article?


    Psychoblues
     
  6. Annie
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    Annie Diamond Member

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  7. Psychoblues
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    Psychoblues Senior Member

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    I read both of your references. Through and through. I didn't see much commentary by YOU although I expected to. In fact, I never see much commentary by YOU. Are you unsure about your opinions or are you simply trolling?

    I've been accused of trolling but I usually give commentary along with my references. Just what are you getting at, Kathianne?


    Psychoblues

     

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