Pentagon Lawyers Challenge White House Plan on Detainees

AP ^ | 08 Sep 2006 | ANNE PLUMMER FLAHERTY

[Marius3188]

WASHINGTON — The Pentagon's top uniformed lawyers took issue yesterday with a key part of a White House plan to prosecute suspected terrorism detainees, telling Congress that limiting the suspects' access to evidence could violate treaty obligations.

Their testimony to a House committee marked the latest time that military lawyers have publicly challenged Bush administration proposals to keep some evidence — such as classified information — from accused terrorists. In the past, some military officials have expressed concerns that if America adopts such standards, captured American troops might be treated the same way.

The lawyers' testimony contrasted with the panel chairman's assertion that America must take a harder line when prosecuting suspected terrorists.

Rep. Duncan Hunter, a Republican of California who heads the House Armed Services Committee, said at the hearing that any military commission established to prosecute suspected terrorists must allow the government to protect intelligence sources. In saying so, Mr. Hunter aligned himself with the White House position.

"While we need to provide basic fairness in our prosecutions, we must preserve the ability of our war fighters to operate effectively on the battlefield," Mr. Hunter said.

Mr. Hunter presented the military lawyers with various scenarios in which it might be necessary to withhold evidence from the accused if it would expose classified information. But the service's top lawyers said other alternatives must be explored — or the case dropped.

"I believe the accused should see that evidence," the Army's Judge Advocate General, Major General Scott Black, said.

[300winmag]

In the past, some military officials have expressed concerns that if America adopts such standards, captured American troops might be treated the same way.

What utter bullshit. American troops have in the past been captured by savages who despise the Geneva Conventions and all forms of humane treatment, anyway. In this war, captured American troops can only look forward to unspeakable torture, followed by a slow, agonizing death.

So by providing their lawyers with total access to classified data, the subhumans holding our troops will provide a fairer trial?

I got a bridge I'd like to sell these JAG-offs.

[plangent]

Absolutely right. Terrorist justice is 'behead them first.' Then make nice.

This is the same kind of BS that Sen. McCain and DeWine are pushing under the envelope that our captured troops will somehow be extended the same courtesy.

Just wait until some terror attorney like Lynn Stewart gets classified evidence and spreads it all over the press releases.

Make these JAGS (and the Senator's) show proof of their opinion.

[Raycpa]

I think the headline overstates the article ust a tad. Disagreement on one aspect isn't a big deal.

[sure_fine]

"..some military officials have expressed concerns that if America adopts such standards, captured American troops might be treated the same way"




I think we all have seen how this enemy treats our troopers if they capture them



screw those lawyers

[dvwjr]

Military lawyers do not get to question the will of the Congress when it comes to passing laws which implement Treaties. Nor does the Supreme Court. So if the President and the Congress agree - that is what stands...


dvwjr

[Bahbah]

"I believe the accused should see that evidence," the Army's Judge Advocate General, Major General Scott Black, said.

Good grief, the ACLU in the JAG corps. He will be aided and abetted by Goober Graham, you can take that to the bank.

[Virginia Ridgerunner]

That's exactly right...just look at what happened to those two soldiers that Al Qaeda in Iraq captured back in the early summer. Mutilated horrendously, and I did not hear one peep out of the usual suspects about how awful it was that the terrorists had grossly violated our soldiers' Geneva Convention protections.

[livius]

I agree. This is one of the most ridiculous statements to come out of this whole thing.

[libstripper]

I saw some of this testimony on Fox last night and was horrified. These slime balls in uniform are the very ones who are persecuting ordinary grunts for fighting the war, as with Haditha and Hamania. In so doing they are deliberately leaking the most derogatory details of the investigations so they can exert as much command influence as they can get away with to get the grunts convicted. Their actions are just as disgusting as those of Patrick Fitzgerald, Mike Nifong, and Ronny Earle. It's disgraceful. They must be Clintonoid holdovers. Rummy should have cleaned house and booted them all.