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The Shame of Guantanamo is About to Get Worse.

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On March 27, five former Secretaries of State met in Athens, Georgia for the purpose of formulating bipartisan foreign policy suggestions for the next president. All five former Secretaries (Powell, Kissinger, Albright, Baker, and Christopher) agreed on two important recommendations: The U.S. should open a dialogue with Iran, and the prison camp at Guantanamo Bay should be closed. (AP, 3/28/08)

The first recommendation is a no-brainer for anybody but the Bush Administration, but it will have to wait for a new president because the only kind of diplomacy the Bush Administration understands is Gun-Boat Diplomacy. The second recommendation (closing the prison camp at Guantanamo Bay, Cuba), could and should begin immediately. Guantanamo prison, and what has transpired there during George W. Bush’s War of Terror, is an embarrassment to America.

  • “It gives us a very, very bad name, not just internationally. I have a great deal of difficulty understanding how we can hold someone, pick someone up, particularly someone who might be an American citizen - even if they were caught somewhere abroad, acting against American interests--and hold them without ever giving them an opportunity to appear before a magistrate.”--James Baker, Sec. of State under George H.W. Bush


Other nations have suffered terrorist attacks during the years since September 11, 2001. In many cases, they have caught the terrorist, tried them in criminal court, convicted them of crimes and put them in prison. The Bush Administration has spent those same years trying to invent new ways to withhold the normal protections of our judicial system from the hundreds of prisoners that have been rounded up and held at the infamous prison at Guantanamo.

Now, the Bush Administration is preparing to compound the tragedy of Guantanamo by putting on show-trials of six high-profile prisoners during the run-up to the elections in November. These will not be anything like the trials we are accustomed to seeing on television--where both sides get to see the evidence and it is possible that the defendant might be found innocent. These trials will be conducted under the rules of the Military Commissions Act, which was foolishly passed by members of Congress to keep from being labeled “soft on terrorism”.

These tribunals will routinely deny the defendants due process, they may proceed without the defendant, the Secretary of Defense will pick the judges, hearsay evidence and evidence obtained without a warrant are admissible, defendants are not allowed to see all the evidence against them, and Defense attorneys cannot meet with clients without a government monitor and are not even permitted to keep their notes of the meetings.

The Military Commissions Act does not allow evidence obtained by torture, but this is not a problem for the upcoming show-trials because none of the evidence was extracted by torture. Even though our government has admitted that evidence was obtained by waterboarding prisoners, President Bush has plainly stated that “we do not torture”--Therefore: waterboarding must not be torture (in Bu$hWorld).

In some of these cases, government prosecutors have had years to prepare for the upcoming show-trials. The defense has not been quite so lucky.

  • “The military is speeding ahead with plans to try six men at Guantanamo Bay for the Sept. 11 terrorist attacks but none of the defendants, who face possible execution if found guilty, has seen a defense lawyer yet.”--AP, 2/27/08

According to Lt. Cdr. Charles Swift, who successfully represented Salim Hamdan in the case Hamdan v. Rumsfeld, the Office of Military Commissions has no attorneys who are qualified to handle death-penalty cases. He says:

  • “The government seems to almost intentionally insure that there is not sufficient assets to put on a credible defense.”--CNN, 2/11/08

Even though Guantanamo prison is a military installation and the trials are called military tribunals, it is the Bush Administration that is pushing the agenda--not the military. Several honorable officers have voiced concerns about the fairness of the legal proceedings at Guantanamo.

  • “...I expected there would at least be a minimal effort to establish a fair process and diligently prepare cases against significant accused. Instead, I find a half-hearted and disorganised effort by a skeleton group of relatively inexperienced attorneys to prosecute fairly low-level accused in a process that appears to be rigged. ...You have repeatedly said to the office that the military panel will be handpicked and will not acquit these detainees and that we only needed to worry about building a record for the review panel.”--Captain John Carr (USAF), in an e-mail sent to supervisors in the Office of Military Commissions in March 2004, reported by ABC News, 8/1/05.

Captain Carr, along with Air Force officers Major Robert Preston and Captain Carrie Wolf, requested transfers to other assignments, rather than participate in the charade of justice at Guantanamo.

Prosecutors will have one big advantage in the upcoming show-trials: They can’t lose. Retired U.S. Air Force Colonel Morris Davis, who was the chief U.S. prosecutor for the Guantanamo military commissions, told The Nation that “the trials are rigged from the start” and “the process has been manipulated by Administration appointees in an attempt to foreclose the possibility of acquittal.”

Col. Davis described what happened when he mentioned the possibility of an acquittal to then-Pentagon general counsel William Haynes (a political appointee who was overseeing both the prosecution and the defense for military tribunal commissions):

  • “ [Haynes’s] eyes got wide and he said, ‘Wait a minute, we can’t have acquittals. If we’ve been holding these guys for so long, how can we explain letting them get off? We can’t have acquittals, we’ve got to have convictions.’”--The Nation, 2/20/08 (Colonel Davis resigned a few hours after being informed that he had been placed in a chain of command under Haynes.

In the event that a miracle occurred, and a defendant is found not guilty, the Bush Administration reserves the right to hold “enemy combatants” for the duration of hostilities--even if they are acquitted by the military commission. Since most of the prisoners at Guantanamo have been declared “enemy combatants” and there is no end to Bush’s “war on terror”; you can bet that no defendant is going to be released during the Bush Administration--innocent or not.

I am sure there are terrorists and murderers in Guantanamo prison, but there are also poor schmoes who are guilty of nothing except being in the wrong place at the wrong time, or were turned in to American forces for the reward that was offered. No matter who they are, or what they are accused of, they deserve a fair trial in the American tradition. That is how America is supposed to be. The American people should be ashamed that we have allowed the Bush Administration to torture prisoners and deny them a fair trial for so long.

The Bush Administration has already done enough damage to America’s reputation in the world. We cannot allow it to go through with these show-trials at Guantanamo--making martyrs out of murderers. Call your Senators and Representatives today (202-224-3121) and tell them to stop the perversion of justice at Guantanamo. America is better than that--or it should be.

 

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Mick Youther is an American citizen, an independent voter, a veteran, a parent, a Christian, a scientist, a writer, and all-around nice guy who has been aroused from a comfortable apathy by the high crimes and misdemeanors of the Bush Administration.

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You haven't got a chance in hell of getting th... by gravity32 on Tuesday, Apr 8, 2008 at 7:03:55 AM