Some timely reportage from The Times! Who knew they were still capable of it?
Detainee 200343 was among thousands of people who have been held and released by the American military in Iraq, and his account of his ordeal has provided one of the few detailed views of the Pentagon’s detention operations since the abuse scandals at Abu Ghraib. Yet in many respects his case is unusual.
The detainee was Donald Vance, a 29-year-old Navy veteran from Chicago who went to Iraq as a security contractor. He wound up as a whistle-blower, passing information to the F.B.I. about suspicious activities at the Iraqi security firm where he worked, including what he said was possible illegal weapons trading [See here].
But when American soldiers raided the company at his urging, Mr. Vance and another American who worked there were detained as suspects by the military, which was unaware that Mr. Vance was an informer, according to officials and military documents.
"Informer," forsooth? Isn't whistleblower the right word?
So now, we get a glimpse inside the gulag (Camp Cropper, and in the same "high value" facility where Saddam was held.) Here's how the camps and the tribunals look from the inside:
Nathan Ertel, the American held with Mr. Vance, brought away military records that shed further light on the detention camp and its secretive tribunals. Those records include a legal memorandum explicitly denying detainees the right to a lawyer at detention hearings to determine whether they should be released or held indefinitely, perhaps for prosecution.
The story told through those records and interviews illuminates the haphazard system of detention and prosecution that has evolved in Iraq, where detainees are often held for long periods without charges or legal representation, and where the authorities struggle to sort through the endless stream of detainees to identify those who pose real threats.
Haphazard? WTF
? What's "haphazard" about the destruction of habeas corpus, due process, and the rule of law? Haphazard? Au contraire, I would say it's extremely well planned.
“Even Saddam Hussein had more legal counsel than I ever had,†said Mr. Vance, who said he planned to sue the former defense secretary, Donald H. Rumsfeld, on grounds that his constitutional rights had been violated. “While we were detained, we wrote a letter to the camp commandant stating that the same democratic ideals we are trying to instill in the fledgling democratic country of Iraq, from simple due process to the Magna Carta, we are absolutely, positively refusing to follow ourselves.â€
So, now we have the final proof, if any were still needed:
They can absolutely, positively, do it to us. Vance is a US citizen!
Do what? Well, here's what the procedures in a military tribunal for US citizens are like:
Their legal rights, laid out in a letter from Lt. Col. Bradley J. Huestis of the Army, the president of the status board, allowed them to attend the hearing and testify. However, under Rule 3, the letter said, “You do not have the right to legal counsel, but you may have a personal representative assist you at the hearing if the personal representative is reasonably available.â€
At the hearings, a woman and two men wearing Army uniforms but no name tags or rank designations sat a table with two stacks of documents. One was about an inch thick, and the men were allowed to see some papers from that stack. The other pile was much thicker, but they were told that this pile was evidence only the board could see.
How that Vance is back in the States, he's got a lawyer. I do hope that
“Treating an American citizen in this fashion would have been unimaginable before 9/11,†said Mike Kanovitz, a Chicago lawyer representing Mr. Vance.
And it should be unimaginable after. And when Democrats restore Constitutional government, it will be.
NOTE See this comment, and the response. Ten stories like this in nationally televised hearings, and, well, we'll start to get the leverage we need to pry the levers of power from the criminal Bush regime and restore Constitutional government.

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