Monday, November 26, 2001

Kangaroo Courts
Bush's latest self-justification is his claim to be protecting jurors (by doing away with juries). Worse, his gung-ho advisers have convinced him — as well as some gullible commentators — that the Star Chamber tribunals he has ordered are "implementations" of the lawful Uniform Code of Military Justice.

Military attorneys are silently seething because they know that to be untrue. The U.C.M.J. demands a public trial, proof beyond reasonable doubt, an accused's voice in the selection of juries and right to choose counsel, unanimity in death sentencing and above all appellate review by civilians confirmed by the Senate. Not one of those fundamental rights can be found in Bush's military order setting up kangaroo courts for people he designates before "trial" to be terrorists. Bush's fiat turns back the clock on all advances in military justice, through three wars, in the past half-century.

His advisers assured him that a fearful majority would cheer his assumption of dictatorial power to ignore our courts. They failed to warn him, however, that his denial of traditional American human rights to non- citizens would backfire and in practice actually weaken the war on terror.
http://www.nytimes.com/2001/11/26/opinion/26SAFI.html?todaysheadlines

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