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Commenting on Holder's announcement, ACLU Director Anthony Romero said, "The attorney general's flip-flop is devastating for the rule of law."
In response to Holder's announcement, an ACLU press release said:
"In a move that undermines civil liberties and the rule of law, the Obama administration today announced that it will prosecute the (9/11) suspects....in the Guantanamo military commissions system."
Executive Director Anthony Romero added:
Using military commissions "is completely wrong. There is a reason this system is condemned: it is rife with constitutional and procedural problems and undermines the fundamental values that have made us a model throughout the world for centuries....The attorney general's flip-flop is devastating for the rule of law. (These trials) will not be seen as legitimate. This is not justice."
Moreover, alleged evidence against the suspects was obtained under torture, ruled constitutionally inadmissible by the Supreme Count in Brown v. Mississippi (February 1936), saying:
"The rack and torture chamber may not be substituted for the witness stand."
It cited an earlier Fisher v. State (November 1926) High Court decision, stating:
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