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DeSwiss Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 12:31 AM
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Judge Drops General From Trial of Detainee
Judge Drops General From Trial of Detainee

The New York Times
By WILLIAM GLABERSON
Published: May 10, 2008


In a new blow to the Bush administration’s troubled military commission system, a military judge has disqualified a Pentagon general who has been centrally involved in overseeing Guantánamo war crimes tribunals from any role in the first case headed for trial. The judge said the general was too closely aligned with the prosecution, raising questions about whether he could carry out his role with the required neutrality and objectivity.

Military defense lawyers said that although the ruling was limited to one case, they expected the issue to be raised in other cases, potentially delaying prosecutions, including the death-penalty prosecution of six detainees at Guantánamo Bay, Cuba, for the Sept. 11 attacks. Critics of the military commission system said Friday that the judge’s decision would provide new grounds to attack the system that they say was set up to win convictions.

The judge, Capt. Keith J. Allred of the Navy, directed that Brig. Gen. Thomas W. Hartmann of the Air Force Reserve, a senior Pentagon official of the Office of Military Commissions, which runs the war crimes system, have no further role in the first prosecution, scheduled for trial this month. General Hartmann, whose title is legal adviser, has been at the center of a bitter dispute involving the former chief Guantánamo military prosecutor, Col. Morris D. Davis of the Air Force. Colonel Davis has said the general interfered in the work of the military prosecution office, pushed for closed-door proceedings and pressed to rely on evidence obtained through techniques that critics call torture.

“National attention focused on this dispute has seriously called into question the legal adviser’s ability to continue to perform his duties in a neutral and objective manner,” the judge wrote on Friday, in a copy of the decision not released publicly but obtained by The New York Times. Decisions by Guantánamo judges are not typically released publicly until days after being handed down.

http://www.nytimes.com/2008/05/10/us/10gitmo.html?ex=1368158400&en=43403f3d5eeddd09&ei=5124&partner=permalink&exprod=permalink">MORE

- Well, I suppose that we can look for Capt. Keith J. Allred to be reassigned to Iraq anyday now. Anyday now....
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DeSwiss


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Usrename Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 01:07 AM
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1. kick for justice
:thumbsup:
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-11-08 10:56 AM
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2. Interesting how the Bushites have sabotaged anyone being held responsible for 9/11.
They wanted some dead bodies they could parade, like Saddam Hussien's hanged corpse, and with their itchy fingers on the rope, tortured them to get what they wanted. Corpses. Any corpses. And thus, whatever these people were imprisoned for, and whether or not they did anything to even deserve being arrested and detained, we will never know.

In addition to the horrors that the Bushites have inflicted on people whose guilt or innocence we will never know, we need to address--investigate, understand--the REASONS for their secrecy. The reason for secret trials is never, ever justice. That is why secret trials are banned by our Constitution--based on thousands of years of experience in western history. Their purpose is always bad. They are always abused. And they are furthermore a symptom of profound disorder within a society. If the government needs secret trials, torture, indefinite detention and other such "unitary executive" crimes to maintain its authority, it is serving the interests of the few--the king, the elite, the rich, the egos of individual powermongers--not the interests of the many. Secret proceedings are never to the good, ever--no matter how much the fascists who conduct them proclaim that they are acting for the good of the many. And when you consider the psychos, war profiteers and casual murderers of 1.2 million innocent people to get their oil, who have seized our government with stolen elections, the prime question about their secret trials, their secret, out-of-the-way, prison fortresses, their "renditions," and their torture dungeons, should not be the guilt or innocence of their victims, but rather why have they done these things? What are their real motives?

It is no surprise to hear of all this confusion, dissent, and controversy in the conduct of these show trials. There appear to be good people involved, trying to stop this horror, advocate for its victims, or in some way mitigate the gross injustices they have suffered, and are suffering. However, the removal of this general, who was so anxious for executions, may be more a way to whitewash this completely unconstitutional and illegal process, so that it can go forward, and so that the critical question--why have the Bushites done this?--will not be asked or answered. It is the people who ordered these horrors who should be on trial. Bush. Cheney. Rumsfeld. And others. It is their actions that need scrutiny, and, above all, accountability. The United States has long since forfeited any right whatsoever to prosecute or further punish anyone in their custody, in these circumstances. We cannot determine guilt. That is what these Bushites actions have done, in effect. The Bushites threw out the rule of law, and with it, any possibility of determining, "beyond a reasonable doubt," what these prisoners did or didn't do. They must all be released--guilty or not guilty--and we furthermore owe them reparations. And what we need to know, more than anything else, is what the Bushites' real objectives were, in destroying the rule of law. That they did it to "keep us safe" has no credibility any more. So, what were they doing? And what are they doing, now?
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