Clipmarks | Tribunals Clips

Split Verdict at GTMO

Thu, 07 Aug 2008 00:32:23 GMT

clipped by: klippety
clipper's remarks: Only with lots of handicaps could the prosecution get a split verdict. Had he had a fair trial, which seems impossible at this time, perhaps he would be charged as an accessory and would have to be released because he already served quite some time.
I am against all forms of terrorism, but changing lug nuts for OBL?

Clip Source: www.commondreams.org

‘Split Verdict’ Reached At Guantanamo Tribunal

US NAVAL BASE AT GUANTANAMO BAY, Cuba - Military jurors on Wednesday found Osama bin Laden’s former driver guilty of providing material support to terrorism in the first US war crimes trial since World War II.

But the jury found Salim Hamdan not guilty on a count of conspiracy, in the first case before the special tribunals created by President George W. Bush to try suspects in the “war on terror.”

He faced a possible maximum sentence of life in prison.

But Hamdan’s lawyers, who have already announced they will appeal, argued that although he served as bin Laden’s driver, Hamdan was not implicated in any terrorist activity.

Human Rights Watch slammed the proceedings as marred by irregularities and built-in handicaps, making it all but impossible for Hamdan to get a fair hearing.

“A trial that depends on handicapping the defense can’t possibly be fair,” said Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch.

Free Speech A Casualty Of 'Hate' Powers

Mon, 04 Aug 2008 23:56:51 GMT

clipped by: merrie
clipper's remarks: What had happened is that one of the chapters of Steyn's New York Times' (and for that matter Canadian) No1 bestseller America Alone had been excerpted and published by Canada's largest weekly magazine.

The Canadian Islamic Congress, through the agency of three law students, brought complaints against Steyn and the magazine before the federal human rights commission, and also before two provincial ones. (That's another Orwellian aspect to all this; there is no rule against double, triple or any other multiple jeopardy, as there is no limit to how many complaints can be lodged before different tribunals for the same words.)

Since then more has come out that makes these Canadian tribunals or commissions seem even more like kangaroo courts than they already did, which is saying an awful lot.

The Canadian Human Rights Commission it would not go ahead with the Steyn prosecution (though the Canadian Islamic Congress has just indicated it will appeal that decision)

Clip Source: www.theaustralian.news.com.au

To be in breach of these hate speech provisions you don't need to say something untrue; you don't need to actually subject some group or person to hatred or contempt; you don't have to counsel violence. You only need to say something that the people who are chosen to staff these commissions -- and, trust me, this is not a representative cross-section of Canadian society, but more like the most ultra-PC university professor you know -- happen to think is likely to expose some group or person to hatred or contempt.

Once the commission thinks that, it can fine you, order you to pay money to those who complained, force you to apologise, and more.

That picture of an Orwellian nightmare, a nightmare where you can say something that is wholly true, and you can prove it is true, and yet you can be severely punished and stifled and forced to issue a bogus apology by hack bureaucrats, is the one that was and is facing Mark Steyn in Canada.

Tags: mark steyn, america alone, freedom of speech, canadian human rights commission, canadian islamic congress

Hotels in Buenos Aires

Wed, 30 Jul 2008 22:02:10 GMT

clipped by: dsimpson105

Clip Source: www.hotelclub.net

Viamonte Suites Buenos Aires

City Centre

288

This property offers an excellent and friendly service with the highest standards of accommodation to make your stay a memorable one.

Location
Located in Buenos Aires city centre, the Viamonte Suites is just a block away from the 9 of July Avenue and is in the Tribunals neighbourhood.

Rooms
This property offers comfortable accommodation units that are elegantly decorated. Each unit features a kitchenette and come with an array of modern amenities.

Restaurant
Guests can dine at the onsite restaurant that serves both local as well as international cuisine. The cosy bar is an ideal place to unwind with a glass of fine drink.

General
The Viamonte Suites offers internet facilities that can be utilised for all your business needs. You can visit the city's best attractions or explore the surroundings at leisure.

Restoration & Expansion of Civil Liberties & Constitutional Rights

Sun, 20 Jul 2008 22:16:27 GMT

clipped by: pianotech

Clip Source: www.votenader.org

Civil liberties and due process of law are eroding due to the "war on terrorism" and new technology that allows for easy invasion of privacy. Americans of Arab descent and Muslim-Americans are feeling the brunt of these dragnet, arbitrary practices.

Mr. Nader supports the restoration of civil liberties and the repeal of the Patriot Act. He also supports an end to secret detentions, arrests without charges, restricting access to attorneys, the use of secret "evidence," military tribunals for civilians, misuse of non-combatant status, and the shredding of "probable cause" determinations.

These policies represent a perilous diminishment of judicial authority in favor of concentrated power in the executive branch. Sloppy law enforcement and dragnet practices are wasteful and reduce the likelihood of apprehending violent criminals. Mr. Nader seeks to expand civil liberties to protect basic human rights in employment regardless of gender, sexual orientation, race or religion.

You mean to say that he should have been treated well?

Thu, 17 Jul 2008 05:00:48 GMT

clipped by: mugofcoffee

Clip Source: www.reuters.com

Sides clash over treatment of Bin Laden's driver

By Jim Loney

GUANTANAMO BAY U.S. NAVAL BASE, Cuba (Reuters) - The prosecution and defense witnesses have given widely different accounts of the way Osama bin Laden's former driver has been treated in U.S. prisons in Afghanistan and at Guantanamo Bay.

Isolation cells, beatings and sexual humiliation during nearly seven years in captivity left Salim Hamdan traumatized and unable to trust even doctors trying to help him, a psychiatrist told the Guantanamo war crimes court.

But prosecutors pressing charges of conspiracy and providing support to terrorists against Hamdan say his allegations of mistreatment in U.S. custody are false. In questioning of witnesses this week, they said al Qaeda trains operatives to make false claims of abuse or torture.

His trial, the first before the war crimes tribunals set up at the remote U.S. navy base in Cuba after the September 11 attacks on the United States, is scheduled to begin on Monday

Getmo Video Release

Tue, 15 Jul 2008 21:22:02 GMT

clipped by: Rioting Drone
clipper's remarks: How many 15 year old Canadians do you know who take vacations into war zones without their parents?

Outraged Canadians are dangerous (scoff).

This is why we need quick and decisive tribunals in regards to "detainees" We are wasting our money and destroying their lives. The detainees should be brought to justice or acquitted of their charges in a timely fashion.

Clip Source: news.bbc.co.uk

It shows 16-year-old Omar Khadr being asked by Canadian officials in 2003 about events leading up to his capture by US forces, Canadian media have said. The Canadian citizen is accused of throwing a grenade that killed a US soldier in Afghanistan in 2002.

Mr Khadr, the only Westerner still held at the jail, was 15 when he was captured by US forces during a gun battle at a suspected al-Qaeda camp in Afghanistan.

But one of Mr Khadr's lawyers, Dennis Edney, said he hoped the video would cause an outcry in Canada and pressure Prime Minister Stephen Harper to demand that the US does not prosecute their client.

"I hope Canadians will be outraged to see the callous and disgraceful treatment of a Canadian youth," Mr Edney told the Toronto Star.

"Canadians should demand to know why they've been lied to."

Mr Khadr, now 21, faces multiple terrorism-related charges, the most serious of which is murder. He faces up to life in prison if convicted.

Tags: blame canada, child soldiers, wtf

Gitmo Trial Defendants Face Absurd Obstacles

Sun, 13 Jul 2008 19:08:55 GMT

clipped by: Wisco
clipper's remarks: Another problem is that what the defendants tell their lawyers is classified. As a result, they can't even discuss their conversations among themselves.

"When we leave the room and we're not with him (Mohammed) any more, we can't turn to each other and say 'What do you think of what he just said?'" said Nevin, who has called the commission process "very, very unfair."

"And at the end of this, the government's desire is to execute Mr. Mohammed," said Capt. Prescott Prince, another of Mohammed's legal advisers. "I find that just insane."

Calling this "justice" is a joke.

Clip Source: rawstory.com

When accused September 11 mastermind Khalid Sheikh Mohammed grumbled to the U.S. military war tribunal he couldn't get paper or file legal motions with the court, he was told to put his complaints in legal papers and file them with the court.

When he asked for documents to be translated into Arabic so he could read them, he was told there was no requirement for the U.S. military commissions that will try his death penalty case to do that. But the judge said he would think about it.

Lawyers for the five men accused of plotting the hijacked airliner attacks on the United States say the complaints brought last week before the war court in Guantanamo Bay, Cuba, exemplify the trouble the men face getting a fair trial before the first U.S. military tribunals since World War Two.

"You have from the sublime to the ridiculous. You have from the mundane to the serious and significant," said David Nevin, a defense lawyer assigned to Mohammed.

Tags: news

UN Rapporteur: Gitmo trials flawed, fail internat'l standards

Wed, 02 Jul 2008 03:02:00 GMT

clipped by: masbury
clipper's remarks: Also called on US to open files on five prisoner deaths

Clip Source: www.democracynow.org

UN Official: Gitmo Tribunals Flawed and Unfair

A top United Nations human rights official has said the U.S. military tribunals at Guantanamo are flawed and fall short of international standards for fair trials. Philip Alston, a special rapporteur of the UN Human Rights Council, also called on the U.S. to open its files on the five prisoners who died in custody at Guantanamo. Four prisoners are said to have committed suicide but their autopsies have never been released.

Tags: un, gitmo

originalism vs. policy judgments

Sat, 28 Jun 2008 04:18:51 GMT

clipped by: reinhmr
clipper's remarks: good point being made here. Breyer's thinking depends on estimate of a policy's outcome, something he piously refused to consider when thinking about other rights. .

Clip Source: online.wsj.com

Of course, the originalism of both Justices Scalia's and Stevens's opinions are in stark contrast with Justice Breyer's dissenting opinion, in which he advocates balancing an enumerated constitutional right against what some consider a pressing need to prohibit its exercise. Guess which wins out in the balancing? As Justice Scalia notes, this is not how we normally protect individual rights, and was certainly not how Justice Breyer protected the individual right of habeas corpus in the military tribunals case decided just two weeks ago.

Our Constitution must be upheld-even in emotional times

Wed, 18 Jun 2008 19:55:19 GMT

clipped by: klippety
clipper's remarks: John Adams was the only lawyer to defend the British soldiers that were accused of killing civilians in Boston. A true act of courage in the face of emotional times.

Clip Source: www.aclu.org

John Adams Project:

Standing Up for Justice In The Military Commissions Proceedings

"It is when the stakes are the highest and when tempers run the hottest that we must work doubly hard to keep a check on our government and prevent it from trading in our values for visceral and political motives ... It is during the most challenging situations that our country's values are most intensely tested... " (READ MORE)

n Hamdan v. Rumsfeld, the Supreme Court ruled that the original military commission system established by President Bush to try detainees at Guantánamo Bay was unlawful because it had not been authorized by Congress. Unfortunately, in 2006, Congress provided that authorization when it passed the Military Commissions Act (MCA), legitimizing a system of military tribunals that fails to meet minimum due process standards.

Gitmo judge, critical of prosecutors, removed

Sat, 31 May 2008 17:25:25 GMT

clipped by: masbury
clipper's remarks: Had threatened to stop proceedings unless prosecutors started sharing evidence with defense. Prosecutors stonewalled on handing over interrogation and medical records; wanted trials underway before November elections

Clip Source: thinkprogress.org

Judge critical of Gitmo trials is dismissed.»

Army Col. Peter Brownback III, a judge who was hearing a war crimes case at Guantanamo Bay and “publicly expressed frustration with military prosecutors’ refusal to give evidence to the defense,” has been dismissed. Brownback had threatened to suspend the proceedings against Omar Khadr “unless prosecutors handed over Khadr’s medical and interrogation records since his July 2002 capture in Afghanistan.” Pentagon prosecutors have also rushed to schedule high-profile detainee trials during the height of the presidential campaign season.

Tags: gitmo, tribunals, news

Bush/Cheney Pot calling the Kettle black!

Thu, 29 May 2008 13:26:37 GMT

clipped by: thinkingblue
clipper's remarks: The Bush/Cheney Neocons would have loved patterning the USA after the repressive government of Uzbekistan but thanks to our constitution (a bit tattered from the last 8 years) for not allowing them this fantasy. With all their criminal efforts they have rendered America as the Pot and Uzbekistan the Kettle. The charred blackness which is on the Pot; doesn't see the black on himself and calls the kettle black!
Excerpted From Article:
But this is Uzbekistan, a repressive country where laws mean little, rights are relative and torture is endemic...

After criticism from Wash., Uzbekistan ejected the U S from a military base that was supplying the war effort in Afghanistan. How much influence should the US try to exercise — if any at all — over another country’s behavior? And will that country be receptive, given the abuse, indefinite detentions and closed tribunals that have been part of the United States’ record in recent years?

Clip Source: www.gainesville.com

After ’05 Uzbek Uprising, Issues Linger for West

A family at a cafe in Kokand, Uzbekistan. Most Uzbeks are more concerned with making ends meet than with fears that the secret police will come for them.

ANDIJON, Uzbekistan — The theater that burned has a fresh coat of paint. Bullet holes have been plastered over.

Three years ago this month, the government in this eastern Uzbek city turned its guns on its own citizens, killing hundreds and drawing condemnation and sanctions from the West for what was the bloodiest repression since Tiananmen Square.

In a Soviet sleight of hand

Uzbek

deleted the event from this city’s past

Uzbekistan, a repressive country where laws mean little, rights are relative and torture is endemic

government’s gestures are intended to distract attention from the fact that it never allowed an independent review of the killings in Andijon.

That highlights

questions

for American foreign policy

How much influence

try to exercise

given the abuse

detentions

closed tribunals

record

Tags: uzbekistan, uprising, 2005

Gitmo defendents not allowed to see government's "evidence"

Wed, 21 May 2008 22:01:48 GMT

clipped by: masbury
clipper's remarks: May get death penalty without knowing why. Pressure for hasty trials to impact November elections.

Clip Source: www.commondreams.org

the Military Commission system “has none of the guarantees of regular trials. Coerced and hearsay evidence can be used. There is no jury — only a group of military officers and the judge is appointed by the Bush administration.”

“Much of the trial can be held in secret and the defendant does not get to see all of the evidence,” Ratner noted. “After this sham process the defendant, if convicted, can receive the death penalty. There is a barbarity to the actions of the Bush administration that is without precedent.”

In the Hamdan case, the judge ruled that the military must appoint a replacement to Air Force Brig. Gen. Thomas Hartmann, the legal adviser to the military tribunals

Hartmann “was basically telling (Col. Morris)

‘Look, there’s an election coming up. It’s in November. We’ve got to have prosecutions now against the high-profile guys. It doesn’t matter if you’re not ready to prosecute them, but we need Khalid Sheikh Mohammed on trial because of electioneering’.”

Tags: gitmo, news

Judge bars General from Gitmo trial

Sat, 10 May 2008 04:48:30 GMT

clipped by: masbury
clipper's remarks: "too closely aligned with the prosecution"

Clip Source: www.nytimes.com

In a new blow to the Bush administration’s troubled military commission system, a military judge has disqualified a Pentagon general who has been centrally involved in overseeing Guantánamo war crimes tribunals from any role in the first case headed for trial.

The judge said the general was too closely aligned with the prosecution, raising questions about whether he could carry out his role with the required neutrality and objectivity.

The judge, Capt. Keith J. Allred of the Navy, directed that Brig. Gen. Thomas W. Hartmann of the Air Force Reserve, a senior Pentagon official of the Office of Military Commissions, which runs the war crimes system, have no further role in the first prosecution, scheduled for trial this month.

Colonel Davis has said the general interfered in the work of the military prosecution office, pushed for closed-door proceedings and pressed to rely on evidence obtained through techniques that critics call torture.

Tags: gitmo, tribunals, news, war

Supreme Court Judges: Judge, Not Legislate

Wed, 07 May 2008 04:16:52 GMT

clipped by: merrie
clipper's remarks: But just as McCain has asked voters to check his opponents' track record, a glance at his is heartening.

McCain, unlike a number of fellow GOP senators, voted in favor of Ronald Reagan's failed nomination of Robert Bork to the Supreme Court. And as National Review Online's Jim Geraghty notes, McCain characterized as "a largely unknown quantity" George H.W. Bush's nomination of Justice David Souter — who now usually votes with the high court's liberal contingent.

We know that Sens. Clinton and Obama want the federal judiciary to be a liberal quasi-legislature. McCain this week committed himself to buttressing the federal courts' integrity as what they were meant to be: nonpolitical tribunals, dedicated to upholding the Constitution.

Clip Source: www.ibdeditorials.com

Judges: Presumptive GOP presidential nominee John McCain's pledge to appoint Supreme Court justices who will judge, not legislate, is right in itself. But it can also help energize his party base.

Sen. John McCain's stated it plainly enough: The Supreme Court is at stake in this year's election. "My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power," McCain declared, citing Chief Justice John Roberts and Associate Justice Samuel Alito as model nominees.

As McCain noted, "Apparently, nobody quite fits the bill except for an elite group of activist judges, lawyers, and law professors who think they know wisdom when they see it. And they see it only in each other."

Of course, Obama and Sen. Hillary Clinton not only both voted against Roberts and Alito; they voted against the president's previous judicial appointments of Janice Rogers Brown and Priscilla Owen to important federal appeals court posts.

Tags: supreme court, jurists, alito, roberts, mccain, clinton, obama, constitution