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U.S. May Strike Deal With Britons At Guantanamo

Once again, we see how our Government can barter away the threat of a long jail sentence and presto, there's the light of liberty at the end of the tunnel. The Guardian reports the U.S. and the two British detainees at Guantanamo (and perhaps one Australian) are in the midst of plea negotiations.

According to the report, which originated in the Wall Street Journal, here's the deal:

The two Britons, Moazzam Begg and Feroz Abassi, provide information to the U.S. They plead guilty to war crimes. They renounce Osama and terrorism. They say they were well treated at Guantanamo. In exchange, they get a reduced jail sentence.

That happens all the time in federal criminal courts. But this isn't federal criminal court. This is the military. The men are being held as enemy combatants. So here's the kicker: They have to make this decision on their own, without the help of a civilian defense lawyer. Because, as we know, the Administration holds that enemy combatants aren't entitled to a lawyer.

Clive Stafford Smith, a lawyer who has applied to the Pentagon to represent the British inmates, said the report confirmed what he had learnt - that the Mr Begg and Mr Abassi, were being put under pressure to strike a plea deal before they were allowed to see a civilian lawyer.

Major John Smith, a US military lawyer involved in the cases, denies there are ongoing plea negotiations, although he acknowledges plea deals are permissible under military tribunals. He says the men would be allowed to meet with a military defense lawyer and a civilian lawyer if they chose to do so before having to make a decision. He denies there have been any talks of pleas with the men.

We suspect it's a question of semantics. What is a "plea negotiation?" Just like, what is the meaning of "is?" Maybe only military cops or CIA agents have been the ones to speak with the men. Cops and agents are not authorized to make plea offers--only prosecutors can. But the agents sure can say something like, "Hey, do you want to go home or die here in Cuba? It's your choice. You tell us what we want to know and what we want to hear and we'll recommend to the powers that be that you get a break on time and get to go home before you're old men. But we're not going to buy a pig in a poke, so you tell us your information, and if we believe you and if it's helpful, then we'll go to those that can make a deal happen."

If the men say they aren't war criminals or terrorists and they don't know Osama or anyone in his organization, the agents say they don't believe them. No recommendation of leniency. So, as time goes on, their stories get better and they know lots more. All of which is not worth a wooden nickle in our opinion-- statements rendered under these conditions are usually not the real truth, only the "truth" the Government wants to hear.

The Government should allow these men to meet with their civilian lawyer now--before intelligence agents interrogate them any further. Only then will the integrity of any future plea bargain be preserved.

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