You have two opposing forces at Guantanamo
You have the US Government that wants to try the detainees in military commissions and would have done so long ago back in 2002-2003. Except that they have been bogged down in litigation by the leftist lawyers. And this litigation has nothing to do with habeas corpus. This litigation claimed these detainees must be tried in US courts, not military tribunals (commissions). We have very valid reasons for wanting these trials done in military courts. For the same reason that our courts find spy cases so difficult because the US Government is forced to make public top secret information to get a conviction.
Force number two is the leftist lawyers. It is their actions that have delayed military trials....Then they turn around and cry habeas corpus. They created the habeas corpus problems!! Then bring on litigation about unlawful detention (habeas corpus)
the procedural protections afforded to the detainees in the CSRT hearings are far more limited, and, we conclude, fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review. Although the detainee is assigned a “Personal Representative” to assist him during CSRT proceedings, the Secretary of the Navy’s memorandum makes clear that person is not the detainee’s lawyer or even his “advocate.” See App. to Pet. for Cert. in No. 06– 1196, at 155, 172. The Government’s evidence is accorded a presumption of validity. Id., at 159. The detainee is allowed to present “reasonably available” evidence, id., at 155, but his ability to rebut the Government’s evidence against him is limited by the circumstances of his confinement and his lack of counsel at this stage.
Prisoners of war are detained by definition. They await military tribunals that your communist/leftist lawyers blocked at every turn. Because they want these proceedings done in Federal court in the USA with maximum media circus effect.
There are no federal courts in Guantanamo or any other of our military bases
I could not agree more that it is necessary to do this under a military tribunal, which is why you should be very angry with the Secretary of the Navy for screwing it up. Kennedy's principal objection in his opinion was that secretary of the Navy's implementing regulations turned what should have been a neutral adversarial process in a military tribunal into a kanagaroo court. This is not on left wing lawyers. It is on him and the administration. They were shot with the gun they loaded and handed over.
They are not MY leftist lawyers. Murdering terrorists should be put on trial for their lives, and if convicted in a fair and neutral forum, an appropriate military tribunal, the should be executed. From the WP article: Under the previous order, all commission members functioned as both judge and jury. Under the new order, the presiding officer will function as the judge
What idiot suit lawyer for the administration is writing these rules. One thing that we know how to do is to run military tribunals. There are 100s of years of precedent. There is always a judge.
But some clueless twit didn't even want a judge? NO F'IN Judge? Why not just commission a lynch mob? We claim to a a member of the civilized countries of the world, and we intend to hold trials to put terrorist murderers to death, and we don't even have a judge? This crap makes us an international laughing stock. Did we steal a page from the Trial by Court Martials manual of Mugabe? The Iraq war is being won by competent serving military. The peace is being lost by the most incompetent boobs I can imagine have been assembled in one administration.
NO JUDGE? What did they think they were doing? This is the silliest most outrageous thing I have ever read.