Military Lawyer Slams U.S. Terrorism Tribunals

[rodbarnett]

By Deborah Charles
WASHINGTON (Reuters) - The U.S. Marine Corps lawyer assigned to defend an Australian terror suspect being held at the Guantanamo naval base in Cuba Wednesday criticized the military tribunal process and said it will not allow a fair trial.

Maj. Michael Mori, who in November was assigned to be the military attorney for David Hicks -- an Australian held at the U.S. military prison in Cuba -- said the system set up by the Pentagon for trials of non-U.S. citizens captured during what U.S. officials call the war on terror was unfair.

"The military commissions will not provide a full and fair trial," Mori told a news conference. "The commission process has been created and controlled by those with a vested interest only in convictions."

"Fairness is extremely important in all cases, particularly those that have commanded such international attention and will have international impact," he said.


http://www.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=4179427

[damnraddem]

1. Ooh, somebody's military career is going into the toilet.

It's what he gets for being a good advocate, caring about justice, and expecting fairness from the Bushistas.

[frylock]

2. look for pr0n to be planted on this guys laptop computer

[IndianaGreen]

3. Have you seen the picture of Hicks in detention? Barbaric!

We are the Nazis of the 21st Century!


David Hicks has been detained for
two years without charge so far.

Hicks defense slams trial process
From CNN Justice Producer Terry Frieden
Wednesday, January 21, 2004 Posted: 7:55 PM EST (0055 GMT)

WASHINGTON (CNN) -- The U.S. military lawyer representing an Australian citizen detained at the U.S. Navy base at Guantanamo Bay, Cuba has sharply criticized the government's planned military tribunals, charging the process has a "vested interest only in convictions".

Marine Major Michael Mori, who has been assigned as the military attorney for Australian detainee David Hicks, was blunt in his assessment of the judicial process he expects to unfold for his client.

Hicks, who was captured by Northern Alliance forces in Afghanistan, had been detained for more than two years and has still not been charged.

"The Military Commission will not provide a full and fair trial," Mori told reporters at his government office near the Pentagon Wednesday.

http://www.cnn.com/2004/LAW/01/21/australian.guantanamo/index.html

[Violet_Crumble]

4. Yep...

Totally barbaric. Neither him nor the other Australian being held illegally by the US have been allowed any contact with their families, lawyers (until one recent meeting between Hicks and his lawyer), and neither have been charged with anything....

I disagree with something in the article you posted. It claimed the Australian government has tried and succeeded in gaining concessions from the US. That's crap. The govt has not done a thing to insist that the rights of these Australian citizens be protected, has not demanded that they be released into Australian custody, have agreed with everything the US is doing, and taking the death penalty off the table was a bone thrown by the US to its little deputy sheriff in this region to try to make everyone think the US is just so humane and generous in its treatment of David Hicks. The Australian govt has different priorities to what it should have. While it's done nothing to try to get these two men released, or at least treated humanely, it went into complete overdrive day before yesterday when a washed-out Australian celebrity was taken into custody at LA Airport, handcuffed, interrogated, and deported back to Australia on the next flight because he made the mistake of ticking the wrong box on his visa application. Not that all that pressure achieved anything, but just some of it directed over the detention of David Hicks and Mahmoud Abib would have meant I as well as many others wouldn't have been nodding along in agreement with Abib's lawyer who pointed out on the news tonight that while our rights are protected here, if we get arrested overseas on the suspicion of being terrorists, don't expect the Australian govt to wade in and demand our rights are protected. We're on our own...

Violet...

[Yerta Bulti]

5. Law council applauds Hicks lawyer

http://www.theaustralian.news.com.au/common/story_page/0,5744,8460675%255E1702,00.html

THE Law Council of Australia today applauded the stand taken by the US military lawyer assigned to defend Australian terror suspect David Hicks.

President Bob Gotterson said criticism from Major Michael Mori of the military tribunal set up to try Hicks was consistent with what the council had argued for some time – that Hicks would not receive a fair trial.

Mr Gotterson said the law council had consistently condemned military commissions as a legal de-evolution.

However, Mr Gotterson said the council was surprised to hear Major Mori's suggestion that Hicks be tried in Australia because there was no suggestion the former Adelaide man had committed any crime under Australian law.

and some response from the ALP...

http://www.theaustralian.news.com.au/common/story_page/0,5744,8459945%255E1702,00.html

Labor spokeswoman Nicola Roxon said the government must rethink its position on the treatment of Hicks and another Australian terrorist suspect, Mamdouh Habib.

"Labor is concerned that the Australian government is ignoring its responsibilities in this matter, wiping its hands of an Australian citizen who it now appears has no chance of a fair trial in an overseas jurisdiction.

"I noted the promptness this week of Foreign Minister (Alexander) Downer, advocating the need for a fair trial for alleged paedophile William Stuart Brown in Indonesia - but he has expressed no such qualms about David Hicks' treatment at the hands of the US.

"It is sobering that Major Mori has also pointed out that the US government would not accept its citizens being treated in such a way by a foreign government."

Arseclown of the week award goes once again to Attorney General Phillip Razorwire Ruddock:

http://www.theaustralian.news.com.au/common/story_page/0,5744,8459503%255E1702,00.html

"Our view has always been that if we were to return Mr Hicks and Mr Habib to Australia there are no charges that we would be able to bring against them under our law as it was at that time," Mr Ruddock told ABC radio."

...

Major Mori later told Sydney radio 2UE that he did not understand Mr Ruddock's reasoning.

"David Hicks has never injured any US citizen or service member. Why is the US holding him to try him?" Major Mori said.

"If he hasn't violated his country's laws, to the country he owes allegiance, if he hasn't violated any of their laws, why is he being criminally held responsible for anything?"

I find it hard to express the contempt I feel for the Australian government with regard to this situation, they are plain sick.