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Judge in War Trial Excludes Evidence - "Highly Coercive" Interrogations

Posted on 07/21/2008 5:12:51 PM PDT by kcvl

Some Evidence Excluded As War Trial Opens

'highly coercive' interrogations


TOPICS: News/Current Events
KEYWORDS: enemycombatant; gitmo; hamdan; militarycommissions; wot
Per Fox News
1 posted on 07/21/2008 5:12:52 PM PDT by kcvl
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evidence obtained from Osama bin Laden’s driver

the judge will throw out evidence if a government witness is not available to vouch for the tactics used


2 posted on 07/21/2008 5:16:52 PM PDT by kcvl
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To: kcvl

War trials should be war trials. They are not civilian trials and should never be confused with such.

The purpose of a war trial should be very simply to document the reasons you’re going to hang the guy. Verify that the guy in custody is the guy you think he is, document the reasons you are going to execute him, and then execute him. Shouldn’t take long.

In a war trial, legal guilt or innocence isn’t usually going to be at issue. Whatever he did might be legal where he comes from or certainly moral by his lights. You don’t care. Your military judgement is that he is a continuing danger, and can’t ever be released under any circumstances. So you hold a brief hearing to dot the i’s and cross the t’s and tomorrow you throw a rope around his neck.

You can not litigate war, and its an error to think you can. It distorts both law and war, to the detriment of both. It betrays a fundamental misunderstanding of what war is. If lawyers and judges are adequate to manage the conflict, you are not yet at war.

When the conflict is such that you can no longer trust civilian institutions to manage conflict, you send armed men to settle it the old fashioned way, with fire and lead. When the dust settles, you let the judges and lawyers out of the closet and return to normal civilian rule of law. Not before.


3 posted on 07/21/2008 5:26:55 PM PDT by marron
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To: kcvl
It's difficult for the prosecution but not impossible. If this judge had allowed evidence from coercive interrogations or places where the “abuse” happened then it would surly had been overturned in the appeals courts. I heard he had said quite alot over at Gitmo.
4 posted on 07/21/2008 5:37:43 PM PDT by tobyhill (The media lies so much the truth is the exception)
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To: kcvl
We are wasting time and the cost of trials. The way the RATS and the insane Court has handcuffed us, we would be better off to load a few big jets and send them back to Afghan.
5 posted on 07/21/2008 5:56:33 PM PDT by Logical me (Oh, well!!!)
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To: Logical me

I sure as hell hope we no longer take prisoners.


6 posted on 07/21/2008 6:20:26 PM PDT by mimaw
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To: Logical me
we would be better off to load a few big jets and send them back to Afghan.
7 posted on 07/21/2008 6:24:18 PM PDT by LoneRangerMassachusetts
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To: Logical me
we would be better off to load a few big jets and send them back to Afghan.

You mean the judges?

8 posted on 07/21/2008 6:24:32 PM PDT by LoneRangerMassachusetts
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