Jackie Whatsherface from NPR might as well have ripped her coverage from the AP wire, which is also teh suck:
With one word — “unlawful” — the only two war-crimes trials against Guantanamo detainees fell apart in a single day, marking a stunning setback to Washington’s attempts to try dozens of detainees in military court.
Now, to be fair to AP, Jackie did crank the vapidity knobs up to 11 by revising AP’s copy to read “Just one word.”
Aside from that, Mrs. Lincoln, how was the play?
Of course, the coverage also glides over the central questions:
1. The stenographers type “military court”, as if the Gitmo was somehow part of the Uniform Code of Military Justice
, but in fact but these so-called courts were set up by the MCA
and have yet to be proved legitimate.
2. The stenographers type “try”, as if the intent of the administration were to try the defendants under some form of due process.
3. The stenographers type “war crimes.” WTF
? These guys aren’t being tried for that; if they were, they’d be in a legitimate court like the Hague.
Of course, the beauty part is that Gonzo and the sleazy lawyers in Cheney’s bunker truly fucked up:
Prosecuting attorneys in both cases indicated they would appeal the dismissals. But the court designated to hear the appeals — known as the court of military commissions review — doesn’t even exist yet, said Marine Col. Dwight Sullivan, chief of military defense attorneys at Guantanamo Bay.
No court exists to hear an appeal… I love it.
Say, I’ve got an idea:
Why don’t we have The Decider just decide that they’re guilty? I mean, why are we bothering with this judicial charade when the unitary executive can do whatever it wants?










Front page
Unitary Injustice
This “unitary” thing is pervasive. You ask: “Why don’t we have The Decider just decide that they’re guilty? I mean, why are we bothering with this judicial charade when the unitary executive can do whatever it wants?”
And the answer is plain to see (as much of it as the administration can’t hide): The Decider has decided. You know that when they round you up. The judicial charade is part of the punishment, and it continues until the Decider grows tired of the game (I believe he’s planning to enjoy it through 2008).
In fact, the Decider has already found them guilty
To be sure, there are people involved in this who were a genuine threat when captured. There are also people at GITMO and places like it that are innocent. The treatment we have imposed on those innocent souls may well have made them threats now, if they weren’t then. We have to be able to judge innocence and guilt in a way that meets the test of civilzed jurisprudence, and we have to be able to let the innocent go. It is clear that the Decider has no intention of doing that.
So, the important aspects of this that NPR glossed over go to the heart of the matter. To your list, I would add that the DOD was so sure of the result that they didn’t bother to have an appeals process, and that there is no prospect of release for a GITMO detainee whatever the outcome of the “trial.” Effectively, the show trials were such a sham that even when they fail as they have, the result is the same. Bush has decided to imprison these detainees for at least the term of his Presidency, and it seems at least possible that this legal limbo will last for the life of those unfortunate enough to be swept into our Gulag.