Oh boy.
AND the Americans are thinking of changing the tribunal rules - responding to criticism of their blatant unfairness - which the military's OWN LAWYERS have been stating were untenable for years - unheeded by the bastid who runs the pentagon and his stooges.
"U.S. Is Examining a Plan to Bolster the Rights of Detainees
By TIM GOLDEN
Published: March 27, 2005
he Defense Department is considering substantial changes to the military tribunals that the Bush administration established to prosecute foreign terror suspects at Guantánamo Bay, Cuba, military and administration officials say.
The proposed changes, many of which are detailed in a 232-page draft manual for the tribunals that has been circulating among Pentagon lawyers, come after widespread criticism from the federal courts, foreign governments and human rights groups.
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Those changes include strengthening the rights of defendants, establishing more independent judges to lead the panels and barring confessions obtained by torture, the officials said.
The draft manual has renewed a sharp debate within the Bush administration between military and civilian lawyers who are pushing to overhaul the tribunals and other officials who have long insisted that suspected terrorists held at Guantánamo are not entitled to many of the basic rights granted defendants in United States courts.
Military officials said the draft, which is modeled after the Manual for Courts-Martial, was written under the auspices of the Pentagon official in charge of the tribunals, Maj. Gen. John D. Altenburg Jr., who is now retired. The proposals gained momentum after high-level discussions late last year that included officials at the Pentagon, the office of the White House Counsel and the National Security Council.
The proposals would generally move the tribunals - formally known as military commissions - more into line with the judicial standards applied to members of the American military in traditional courts-martial, officials said. Many military lawyers have privately urged such a shift since President Bush first authorized the commissions after Sept. 11.
The administration's willingness to restructure the commissions, which have been a central part of its strategy for fighting terrorism, is uncertain. Some officials said they considered the proposals premature because a lawsuit challenging the legality of the commissions is now in a federal appeals court.
In addition, some of the White House aides who supported changes to the commissions have recently moved to new jobs, leaving behind a small but powerful group of officials, led by Vice President Dick Cheney and his staff, who have opposed changing to the commission rules unless forced to do so by the courts, officials said.
"There are a number of folks who would like to make changes," one Pentagon official said of the rules governing the military commissions. But, the official added, "Cheney is still driving a lot of this."
At an interagency meeting earlier this month on detainee policy, officials said, the State Department's designated legal adviser, John B. Bellinger III, who was formerly the legal adviser on the National Security Council staff, raised the question of possible modifications to the commission procedures and was quickly rebuffed by Mr. Cheney's counsel, David S. Addington.
"We don't need any changes in the commissions," the officials quoted Mr. Addington as saying.
A spokesman for Mr. Bellinger, who was traveling, declined to comment. A spokesman for the vice president's office did not respond to requests for comment on Mr. Addington's views.
A spokeswoman for General Altenburg, Lt. Susan McGarvey, said, "We are always considering ways to improve the commissions process," but she declined to discuss the draft manual.
The plan to use military commissions to try terrorism suspects emerged in the weeks following the attacks of Sept. 11, 2001, from a small group of White House and Justice Department lawyers who consulted closely with Mr. Cheney, current and former administration officials have said.
By their own accounts, those officials sought to use the presidency's war powers to allow the military to detain, interrogate and prosecute terrorism suspects who might be harder to question or convict in the federal justice system......"
Full story:
http://www.nytimes.com/2005/03/27/politics/27detain.html?th&emc=th
Oh - you already noted that!