The Irrelevancy of the Gitmo Trials
By Jacob G. Hornberger
06/08/08 "FFF"
--- The Pentagon’s model “judicial” system at Guantanamo Bay
has many fascinating features, virtually all of which are
contrary to the rights and guarantees in the federal system
established by the Constitution. Among the features in the
Pentagon’s system are a presumption of guilt for the accused, no
right to confront witnesses, the use of hearsay evidence, the
use of evidence acquired by torture or coercion, no right
against self-incrimination, no protection against cruel and
unusual punishments, no right to bail, and no right to trial by
jury.
But perhaps the most remarkable aspect of the Pentagon’s system
is the irrelevancy of the trial itself. Under the Pentagon’s
rules, if a person is found not guilty the Pentagon can
nonetheless continue to keep him in custody for as long as it
wants, even for the rest of his life. In the federal judicial
system here in the United States, when a jury acquits an accused
he is immediately discharged from custody, enabling him to walk
out the courtroom a free man.
Granted, it is highly unlikely that any defendant is going to be
acquitted, given that U.S. military personnel are serving as
prosecutor, judge, and jury. Nonetheless, every American should
take note of this critically important part of this model
“judicial” system established by the Pentagon. If the accused is
acquitted by the military tribunal, the Pentagon can continue to
treat him as if he had been convicted and sentenced to life in
prison.
Obvious questions arise: If the Pentagon can continue
imprisoning a defendant who has been acquitted, then what’s the
point of a trial? Isn’t the trial more in the nature of a show
trial, similar to those conducted by the Soviet Union? Isn’t the
Pentagon simply using a fake trial, one whose outcome is
preordained and irrelevant, to convince people that its
punishment of a person is done pursuant to principles of
justice?
The Pentagon’s model “judicial” system makes a mockery of the
principles of justice that America is supposed to stand for.
Heaven forbid that the Pentagon is ever permitted to import it
to our country.
Mr. Hornberger is founder and president of The Future of Freedom
Foundation. http://www.fff.org
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