Important! An Article Concerning The Treatment Of prisoners.
posted December 21, 2006 - 12:12pm
Bush,The Lone Authority!
Holiday Greetings!
With a few short day's till Christmas, I still worry about the "suspects" being held without trial, unadvised of their charges, subjected to torture, this, in some cases, just to "pass the time", in secret prisons, and in detention facilities
such as the facility in Guantanamo Bay, Cuba.
In an article here at Xomba, in News & Issues, "Your President...My President..." submitted by Publius , Publius reflects my views in many areas, save one. In that single area, Publius praises an unnamed American president who, in Publius' words "understands we are fighting an unconventional enemy and war, and believes that terrorists should not be afforded rights not guaranteed to them in the Geneva Conventions".
I might make the point that these men are not terrorists, but rather, suspected terrorists! They have been arrested by zealous agents of our government, in some cases, by American soldiers. These agents and soldiers are acting as police, not as professional prosecutors.
Bush wishes to bring Democratization to Iraq. Of all the principals of Democratization, there may be none finer than, "We hold these truths to be self evident,that all men are created equal, that they are endowed by their creator with certain inalienable rights..."
Why then to we expect the right to a fair trial for ourselves, but deny it to faceless foreigners, whom, as is the way of the world, since they are viewed as enemies, we force ourselves, and our servicemen, to view as less than human. Bush, in his blatant lack of wisdom, in his emotional reactionary-ism, still drives to punish those arrested before and during their trials.
This from Reuters:
WASHINGTON (Reuters) - The White House has drafted legislation covering trials of terror detainees that would allow hearsay evidence and let defendants be excluded from trials to protect national security, The New York Times reported in Wednesday's edition.
The Times said a draft of the proposal was being circulated within the administration and among military lawyers at the Pentagon. The present draft preserves the idea of using military commissions to prosecute terror suspects and makes only modest changes in their procedural rules, including some expanded protections for defendants.
President George w. Bush wants to push a bill through Congress this fall to allow trials of suspects held at the U.S. naval facility at Guantanamo Bay, Cuba, after the Supreme Court said the military commissions Bush set up were not in accord with U.S. or international laws.
The plan could run into trouble in Congress where some lawmakers have said they want to base the new rules on the military code of justice that would significantly expand detainee's rights.
The Times said the draft measure notes that military court-martial procedures are "not practicable in trying enemy combatants" because doing so would "require the government to share classified information" and exclude "hearsay evidence determined to be ... reliable."
Rather than requiring a speedy trial for enemy combatants, the draft says they "may be tried and punished at any time without limitations," the Times said.
The draft legislation would bar "statements obtained by the use of torture" for use as evidence, but evidence obtained in interrogations where coercion was used would be admissible unless found "unreliable" by a military judge. To prevent them hearing classified evidence, the Times said the draft would allow defendants to be barred from trials, but would require them be given a summary of the information.
The report cited deputy White House press secretary Dana Perino as saying the administration was "working to strike a balance of a fair system of justice that deals with terrorists who don't recognize the rules of war".
The copy of the draft legislation provided to the Times was labeled "for discussion purposes only, deliberative draft, close hold," the report said, and the official who shared it did so on condition of anonymity.
The Times cited Sen. Lindsey Graham ), a South Carolina Republican and former military lawyer who has seen the draft measure as calling it "a good start" but adding, "I have some concerns." He declined to be specific, saying he wanted to withhold judgment until hearing the views of military lawyers.

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