Guantanamo Hearings May Begin Today
The Wall St. Journal (subscription only) reports that hearings for Guantanamo detainees may begin today. First off, put aside any prior concept you may have about court hearings where there is a judge, a prosecutor and a defense counsel-- and where the defendant has the right to cross-examine witnesses and present evidence. The Administration is holding fast to its belief that it need not provide such protections to the detainees. Here's what they get:
Under the procedure, which went under a dry run yesterday, with military personnel playing the part of detainees, prisoners will appear before a three-man panel of senior officers. That panel will examine the dossiers assembled after hours of interrogations, give the detainees a chance to speak and then determine whether they should be set free. The advocates will be U.S. government employees, who, unlike lawyers, will not be honor-bound to serve the best interests of their client.
Under the current plan, three separate tribunals will hear 72 cases a week so each detainee can get a hearing within four months. Unlike traditional civilian justice, the government will have one big advantage: The burden of proving innocence will rest with the detainees. Detainees won't get lawyers, but "personal representatives," military officials without any legal background, who will offer advice to prisoners, lay out unclassified portions of their dossiers and help inmates make their case to the tribunal.
What if a detainee wants to call a witness to repudiate the charges? It will be very difficult if not impossible:
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