Obama to revive military tribunals with more rights for detainees

[soccermomforobama]

President Barack Obama will restart Bush-era military tribunals for a small number of Guantanamo detainees, reviving a fiercely disputed trial system he once denounced but with new legal protections for terror suspects, U.S. officials said Thursday.

Obama suspended the tribunals within hours of taking office in January, ordering a review but stopping short of abandoning President George W. Bush's strategy of prosecuting suspected terrorists.

<snip>

The changes to the system were to be announced Friday. Two senior administration officials outlined several of the rules changes, which will be carried out by executive authority, to The Associated Press on Thursday night. They include:

-Restrictions on hearsay evidence that can be used in court against the detainees.

-A ban on all evidence obtained through cruel, inhuman or degrading treatment. This would include statements given from detainees who were subjected to waterboarding, a form of simulated drowning.

-Giving detainees greater leeway in choosing their own military counsel.

-Protecting detainees who refuse to testify from legal sanctions or other court prejudices.

http://www.huffingtonpost.com/2009/05/14/obama-to-revive-military-_n_203783.html

[ShortnFiery]

1. Lovely. When the next Republican is President perhaps "Tribunals" will also extend to Americans

suspected of "treason." :nuke:

[Occam Bandage]

9. Did you just find that site or something?

You've been spamming those inane cards all over.

[onetwo]

12. Judging by how easily these tribunals can be outlawed and reinstated...

...Obama's actions either way will have zero bearing on the next guy.

[Hardrada]

2. Und die Kriegsgerichte bleiben....

[LittleBlue]

3. I'm shaking my head. WTF is he doing?

What is his concern with trying them in the court system?

He had better not do this. If, in 3 years, these men are being tried by tribunals, I will not be present at the voting booth. That's a promise.

[ShortnFiery]

4. You have an excellent point. Might as well let the GOP take us into hell because THEN, just

perhaps by THEN, the American people will be hurting so much that they will FORCE MAJOR CHANGES in our thoroughly corrupt political system.

I'm with you ... the only way may be for us to let things get so bad that we FULLY clean out our career Politicians and start anew. :shrug:

That's really sad, but probably true.

[LittleBlue]

11. If we're headed down the shitter, might as well let them do the driving

and if Obama wants to give them the steering wheel because he doesn't care about his base, that's his decision and not mine.

[soccermomforobama]

6. I think what one of his concerns might be is the information

that would come out about these 20 detainees. My assumption is that for these detainees we have credible (not obtained through torture) information that has helped us divert another attack or maybe given us information about other terrorist cells that should not be public record. The way to give them a trial but still keep that information "private" is to try them in military tribunals but restore rights to them that were denied under Bush.

[Occam Bandage]

7. Er, he's trying prisoners who cannot be indefinitely detained,

and who he has determined cannot be tried in courtrooms for whatever reason. What does it look like he's doing?

[Hippo_Tron]

13. You can't try people you capture on the battlefield in Afghanistan in a courtroom

The battlefield isn't a crime scene and technically they didn't violate US law. They are being detained because they are essentially prisoners of war.

[redqueen]

20. Would you consider please starting an OP explaining this?

Not sure it would help... but it might.

[scheming daemons]

15. Keeping a campaign promise to fix the tribunal process? Giving the detainees their day in court?

Seriously! WTF is he DOING!?

:eyes:

[LittleBlue]

16. What court?

A court full of Bushies? The guys who gave us Bush? Greeeeaat

[Rosa Luxemburg]

5. Does the Geneva Convention allow this?

[Occam Bandage]

8. Yes. Tribunals are nothing new. The Third Geneva Convention forbids

"the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples."

If Obama sets up the tribunals so that they are fair, legitimate, and offer fundamental legal protections, then he is operating within the law.

[soccermomforobama]

10. Here is something I found through a quick google search.

It appears that some of the rights of the detainees that he is restoring brings us more into compliance with the Geneva Conventions.

As written, President Bush's order does not allow a defendant to be represented by counsel of his own choice, only to have an attorney provided to him. Article 105 of the Third Geneva Convention, on the other hand, states that "the prisoner of war shall be entitled...to defense by a qualified advocate or counsel of his own choice." Apparently, this conflict with the laws of war is being rectified by regulations drafted by the Defense Department. The New York Times has reported that "under the draft regulations, defendants would have military defense lawyers appointed for them but would also be able to hire civilian lawyers."<4>

http://www.nybooks.com/articles/15122

Obama is granting them more choice in regards to their counsel

[Rosa Luxemburg]

17. thanks

[FrenchieCat]

14. Unfortunately, the left wants these detainees to be treated

as American Citizens.

[billyoc]

21. They are innocent until proven guilty. You don't have to be american for that.

[jonnyblitz]

22. yes it's unfortunate the EEEVIL left wants these detainees

treated humanely. guilty until proven innocent, CORRECT? :puke:

[TexasObserver]

18. So much for breaking with the sordid past.

Military Tribunals? They haven't changed since Pilate heard the case of Rome v. Jesus.

[brentspeak]

19. Kinder, gentler military tribunals

Military tribunals served with sugar cookies.