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The Guantanamo
locale affords the government other distinct advantages. In addition to the
fewer attendees, there can be even tighter handling of secrets and the
"CLASSIFIED" stamp can be used virtually at will. Transcripts can be heavily
censored -- all with very little scrutiny.
The government also can select the attendees. In the past, military officials at Guantanamo have cherry-picked -- and blacklisted -- journalists, depending largely on how obediently they have behaved during earlier cases.
These restrictions -- and the choice of Guantanamo -- are abhorrent to human rights advocates here and abroad. Neocons, though, can breathe easier, since they are reasonably assured of protection against any loud complaints from Khalid Sheikh Mohammed, et al. about "U.S. foreign policy favoring Israel."
Still, the tribunal approach may further
delay justice in the 9/11 cases, since the untested tribunal rules will likely
be subjected to many more legal challenges than would be the case in the
well-worn rules of criminal courts.
ACLU director Anthony Romero has noted that the military commission system is "rife with constitutional and procedural problems," adding that the Attorney General's "flip-flop is devastating to the rule of law."
The Constitution on Life Support
The most serious casualty appears to be the Constitution of the United States, given the dubious fairness of the military commissions and the noxious precedent set by the administration's reversal. It is possible that some future president might expand their coverage to apply to anyone who is deemed to lend any form of support to "terrorists," such as perhaps leaking U.S. government secrets.
Kristen Breitweiser, a 9/11 widow and an attorney, wrote that she was given all of two hours "advance notice" regarding the Justice Department's decision to not prosecute the remaining alleged 9/11 conspirators in an open court of law.
She asked that we all ponder what this decision says about President Barack Obama, the Justice Department, and the United States of America. She provided her own thoughts:
This article first appeared on Consortiumnews.com
The government also can select the attendees. In the past, military officials at Guantanamo have cherry-picked -- and blacklisted -- journalists, depending largely on how obediently they have behaved during earlier cases.
These restrictions -- and the choice of Guantanamo -- are abhorrent to human rights advocates here and abroad. Neocons, though, can breathe easier, since they are reasonably assured of protection against any loud complaints from Khalid Sheikh Mohammed, et al. about "U.S. foreign policy favoring Israel."
ACLU director Anthony Romero has noted that the military commission system is "rife with constitutional and procedural problems," adding that the Attorney General's "flip-flop is devastating to the rule of law."
The Constitution on Life Support
The most serious casualty appears to be the Constitution of the United States, given the dubious fairness of the military commissions and the noxious precedent set by the administration's reversal. It is possible that some future president might expand their coverage to apply to anyone who is deemed to lend any form of support to "terrorists," such as perhaps leaking U.S. government secrets.
Kristen Breitweiser, a 9/11 widow and an attorney, wrote that she was given all of two hours "advance notice" regarding the Justice Department's decision to not prosecute the remaining alleged 9/11 conspirators in an open court of law.
She asked that we all ponder what this decision says about President Barack Obama, the Justice Department, and the United States of America. She provided her own thoughts:
"As for the Department of Justice, it shows their inability to prosecute individuals who are responsible for the death of 3,000 people on the morning of 9/11. Apparently our Constitution and judicial system -- two of the very cornerstones that make America so great and used to set such a shining example to the rest of the world -- are not adequately set up to respond to or deal with the aftermath of terrorism.
"To me, this is a startling and dismal acknowledgment that perhaps Osama Bin Laden did, in fact, win on the morning of 9/11. And chillingly, I wonder whether it wasn't just the steel towers that were brought down and incinerated on 9/11, but the yellowed pages of our U.S. Constitution, as well."
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