Editorial
Guilty Until Confirmed Guilty
Published: October 15, 2006
When President Bush rammed the bill on military commissions through Congress, the Republicans crowed about creating a process that would be tough on terrorists but preserve essential principles of justice. “America can be proud,” said Senator Lindsey Graham, one of the bill’s architects.
Unfortunately, Mr. Graham was wrong. One of the many problems with the new law is that it will only make it harder than it already is to separate the real terrorists from the far larger group of inmates at Guantánamo Bay who were bit players in the Taliban or innocent bystanders.
Mr. Graham and other supporters of this dreadful legislation seem to have forgotten that American justice does not merely deliver swift punishment to the guilty. It also protects the innocent...............
............The Military Commissions Act of 2006 makes it virtually impossible to contest a status tribunal’s decision. It prohibits claims of habeas corpus — the ancient right of prisoners in just societies to have their detentions reviewed — or any case based directly or indirectly on the Geneva Conventions. Even if an appeal got to the single appeals court now authorized to hear it, the administration would very likely argue that it cannot be heard without jeopardizing secrets, as it has done repeatedly.
The new law dangerously expands the definition of illegal enemy combatant and allows Mr. Bush — and the secretary of defense — to give to anyone they choose the authority to designate a prisoner as an illegal combatant. It also allows Mr. Bush to go on squirreling prisoners away at secret C.I.A. camps where none of the rules apply.more at:
http://www.nytimes.com/2006/10/15/opinion/15sun1.html?_r=2&oref=slogin&oref=slogin