Bush seeks expanded military tribunal role

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http://www.thestate.com/mld/thestate/news/world/15176692.htm

 

Wed, Aug. 02, 2006

 

 

 

The State.Com

 

South Carolina

 

 

 

 

MILITARY COURTS

 

Bush seeks expanded military tribunal role

 

The White House is seeking legislation that would allow people not

affiliated with terrorism to be prosecuted in military commissions --

with far fewer rights than afforded civilians.

Washington Post Service

 

WASHINGTON - A draft Bush administration plan for special military

courts seeks to expand the reach and authority of such ''commissions''

to include trials, for the first time, of people who are not al Qaeda

members or the Taliban and are not directly involved in acts of

international terrorism, according to officials familiar with the

proposal plan.

 

The plan, which would replace a military trial system ruled illegal by

the Supreme Court in June, also allows the secretary of defense to add

crimes at will to those under the military court's jurisdiction. The

two provisions would be likely to put more individuals than previously

expected before military juries, officials and independent experts said.

 

The draft proposed legislation, set to be discussed at two Senate

hearings today, is controversial inside and outside the administration

because defendants would be denied many protections guaranteed by the

civilian and traditional military criminal justice systems.

 

Under the proposed procedures, defendants would lack rights to

confront accusers, exclude hearsay accusations, or bar evidence

obtained through rough or coercive interrogations. They would not be

guaranteed a public or speedy trial and would lack the right to choose

their military counsel, who in turn would not be guaranteed equal

access to evidence held by prosecutors.

 

Detainees also would not be guaranteed the right to be present at

their own trials, if their absence is deemed necessary to protect

national security or individuals.

 

An early draft of the new law prepared by civilian political

appointees and leaked to the media last week has been modified in

response to criticism from uniformed military lawyers. But the

provisions allowing a future expansion of the courts to cover new

crimes and more prisoners were retained, according to government

officials who are familiar with the deliberations.