Military Defense Lawyer, Client, Boycott Gitmo Trial
By Steve Hynd Tuesday Oct 28, 2008 8:45amThe Gitmo trails are beginning to assume the appearance of an Oscar Wilde farce.
Ali Hamza al-Bahlul, facing a possible life sentence, sat mutely at the defense table. His lawyer announced the prisoner was boycotting the trial because he did not want a military attorney and because the judge had denied his repeated requests to represent himself.
The appointed defense attorney, Air Force Maj. David Frakt, asked to be relieved in deference to his client's wishes, but the judge refused. Frakt then said he could not participate either.
"I will be joining Mr. Al-Bahlul's boycott, sitting silently at the table," said Frakt, who then refused to respond to several questions from the judge.
The judge, Air Force Col. Ronald Gregory, said Frakt was obligated to participate and that both the lawyer and defendant, despite their wishes, would be required to attend the hearings — even if they stay silent.
"The commission will not proceed with an empty defense table," Gregory said.
This is only the second tribunal to actually convene, out of around 80 trials of detainees expected (from 255 still held). What's it going to be like by the time the 20th, 40th rolls around? And what about the other 170+ detainees?
It's quite clear the process is deeply flawed - so flawed that in a real court some very bad people would walk free because their trials are contaminated by tortured evidence and official interference in due process that, in truth, are just as much war crimes as the offenses detainees are accused of. Despite the howlings of the rabid Right, though, that's the way the civilization cookie should crumble. If they wanted it otherwise, the Bush administration's actions were entirely the wrong way to go about it.
Amy Goodman talks to Michael Ratner of the Center for Constitutional Rights about Gitmo
Crossposted from Newshoggers
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OK, I definitely think this should be one of Obama's first priorities right after inauguration.
Shutdown Gitmo
Move prisoners to U.S. court system
Eliminate "Enemy Combatant" classification
Charge or release
I really hope something is done about this, or I will have no love for democrats, because I have no love for people who condone the inhumane treatment of other human beings
The Dems are between a rock and a hard place on this one. I agree with you 100% about what should be done but we have to expect some blow back. As the article says because of the torture, etc, etc the few who actually may be guilty could easily walk in a civilian court. This is entirely the Bush admins fault because of the mistreatment but whoever decides to shut down this military tribunal fiasco will probably take the heat.
True, we will take some heat and some major blow back if we shutdown Gitmo and the military trials.
However, I voted for the Dems because I want them to do something about this injustice. I didn't vote for them, so they can sit in office, and protect their newly acquired power.
The rest of the country will vote for Obama, because of the economy, but he should not forget that the only reason he defeated Hillary, is because of his position on issues like the IraqWar, Gitmo, habeas corpus, and foreign policy.
That why I voted for him over Hillary.
…"It is an issue for the next administration and Congress to take up"…
In other words, let them BECOME, or continue to be, as the case may be, WAR CRIMINALS TOO.
Either Obama closes it immediately, or he becomes complicit.
I couldn't agree with you more. I would go further and say that the new administration absolutely MUST pursue criminal charges against Bush, Cheney, Rumsfeld, Gonzales,... whoever. Perhaps the most important thing would be to repudiate the administration's egregious claims of executive privilege.
The legal argument should be that:
1)there is no presumption of executive privilege when the president is acting outside of his constitutional powers. To argue otherwise is to say that the constitution has no force in law, a patent absurdity.
2)Congress has no power to confer such extra-constitutional powers on the president in the absence of a constitutional amendment. The suspension of habeas corpus in the Military Commissions Act is then recognized as a legal fiction. This becomes then a very large number of international kidnapping crimes that happen to have been committed under color of authority.
If this isn't done, and very early in 2009, you can kiss democracy goodbye. The next time the Republicans get into power they will just commit more and worse offenses.
No one in an Obama administration is going to pursue criminal changes against the former administration. Hell...no one in any administration would do this for many reasons, such as (1)it would tie up the government when there are many other things needing attention, (2) it would spend political capital for no gain, (3) it would fail, (4) a majority of the people don't support it and (5) it would set a precedent which the Republicans would use when their turn comes round again.
Settle for moving Gitmo detainees into civil courts or (more realistically) into less overtly biased military courts.
Just another clusterfuck created by the career clusterfucker, George W. Bush
This will go down in history as the #1 or 2 most egregious of the failings of the bush presidency. Their mishandling of prisoners, use of torture and paying bounties to make arrests have tainted the process to the point that justice is impossible. The truly guilty among the detainees will never be found guilty in a fair trial and the innocent can never be returned to society.
We may have created more terrorists than we ever arrested.
I wonder how the government chose the trial judges? Do you think it was only on their credentials? Perhaps being anti islamofascistocommunofreedomfryer is all that is required. It might be that they have people that are being used due to the hold the government has on them. If prosecutors and defense people are walking out, they have class. They have the ability to see that war crimes and pretend justice are not the way of our land. What really contrasts is the actions of those that remain behind to continue the charade. What would force people brought up within the law to abandon it on orders of their superiors? The answers are disturbing if we look at history.
Habeus corpus?? Is that a new hip-hop band??
Habeas Corpus?
That only applies to people on US Soil.
These are not people – they’re “Enemy Combatants”. What is an Enemy Combatant? Someone we call an Enemy Combatant. Why are they Enemy Combatants, because we said they were. Can Enemy Combatants defend themselves? No, that right is only given to non-Enemy Combatants. Are all Enemy Combatants guilty? Of course, why else would we call them that?
And that right to a fair trial thingy? They’re in CUBA – we don’t have to give them a fair trial if they’re in Cuba. That’s a foreign place, doesn’t apply. How did they get to Cuba? They were Enemy Combatants; we don’t want to bring them on US Soil – it’d be dangerous.
Dizzy yet?
what rule of law?
these animals do'nt beleive in the law
ONLY in how much they can STEAL
Those responsible for the horrendous crimes against humanity must be held accountable.Bush and CO should stand trial for -WAR CRIMES AGAINST HUMANITY
It makes me want to cry ……..
Shut it down -Shut it down .
So tired. of the bloodletting. ......
should be in jail. It's a bunch of big boys saying "Let's play Jail!" the way a bunch of us girls used to say "Let's pretend we have store" then go about the house collecting stuff to put on our shelves.
I'm almost more shocked that it is still going on, rather than when these war criminals started it up
WTF is the matter with these GDCSers?
Good grief. When Islamic or Israeli terrorists do this, the United States usually denounces the fraudulent, fake "trial" and count it as a human rights violation. When the Christian terrorists and fascists do it, it's another story. Amazing. Isn't religion just lovely?
it's perfectly fine when practiced in private.
ORGANIZED religion is a cancer on society...
bush and his minions have done so many evil things all for only one reason, GREED.
It is no wonder everything in America is going to hell.
Speaking of hell I hope bush and everyone that has helped him go to hell! They deserve it.
Wouldn't it be poetic justice if Obama turned them loose in Paraguay with directions to chimp's lil hideaway?
THEY HAVE TO BE HELD ACCOUNTABLE FOR THE LAST 8 YEARS AT ALL COSTS!!!
Anything less would make those with the power to act just as guilty..
I voted early and not for the Bush surragate.
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