Darn't it. We are going around in circles a bit, and I am not accusing either of us in a negative way..........but here we have this
http://www.freerepublic.com/focus/f-news/1522894/posts
"A bipartisan group of senators reached a compromise yesterday that would dramatically alter U.S. policy for treating captured terrorist suspects by granting them a final recourse to the federal courts but stripping them of some key legal rights.
The compromise links legislation written by Sen. Lindsey O. Graham (R-S.C.), which would deny detainees broad access to federal courts, with a new measure authored by Sen. Carl M. Levin (D-Mich.) that would grant detainees the right to appeal the verdict of a military tribunal to a federal appeals court. The deal will come to a vote today, and the authors say they are confident it will pass."
This is what I have been quacking about. So by agreeing to Levin's crap, what I said I fear, is a reality. The doors are open to allow some sandscum that has been handed down a death penalty for instance by the military tribune, to turn around an put in an appeal to have his verdict handed down to the Libos in DC for review. This is what I tried to indicate earlier own which I evidently did not do a good job in communicating.
If a federal judge decides the military tribune's sentence is not fair, then the goon gets off. This is crap. And I know I have read about a year back or more some long articles describing how the military court allows for this very appeal process to take place within the body of it's own system. So why does the frigen Federal Court System designed to try cases for American citizens have to come into the picture. It is getting late, please do no feel obligated to respond.
I agree with you.
But, what is actually being "appealed"? I do not believe that the appeal will involve a trial; that is, the appeal only involves a review of the mechanics of the military tribunal (I am guessing here), its not an appeal that essentially "retries the case". If that's what it is, then forget it, why have the military tribunal in the first place if some automatic right of appeal gets you a US criminal trial anyway. Graham can't be this dumb, I think what is being appealed is whether the construct of the military tribunal was legitimate - in other words, that's its not just some "Ronnie Earle" style trial.