ACLU Testifies Against Fatally Flawed Military Commissions

[kpete]

Source: ACLU

ACLU Testifies Against Fatally Flawed Military Commissions (7/8/2009)

FOR IMMEDIATE RELEASE
CONTACT: [phone] or [e-mail]

WASHINGTON – The American Civil Liberties Union is set to testify today before a key House subcommittee on the controversial military commissions system. The House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties will hear testimony from ACLU attorney Denny LeBoeuf and others on recent attempts to modify the fatally flawed system.

“The military commissions fly in the face of the most basic principles of our democracy and justice system. They are inherently illegitimate and their continuation will only prove to further erode our system of justice,” said Christopher Anders, ACLU Senior Legislative Counsel.

Language revising the military commissions, including allowing the admission of coerced evidence, has been added to the current Senate draft of the Defense Authorization bill. On Tuesday, during testimony before the Senate Armed Services Committee, a Department of Justice lawyer said that the Due Process Clause of the Constitution may apply to the military commissions and that allowing the use of any coerced evidence may be unconstitutional, which would result in any prosecutions being reversed. The Wall Street Journal and the New York Times reported last week that a recent undisclosed Justice Department Office of Legal Counsel opinion concluded that the use of coerced evidence in at least some military commission proceedings would be unconstitutional.

After immediately suspending the military commissions upon taking office in January, President Obama has recently moved toward reviving the flawed system. While both the president’s proposal and the new legislation passed by the Senate Armed Services Committee would bar evidence obtained through torture or cruel, inhuman, or degrading treatment, the Senate bill would still allow coerced evidence and hearsay to be admitted. That means that forced confessions and hearsay evidence that would be barred from every U.S. courtroom and court-martial would still be admissible. By contrast, the Constitution, the Federal Rules of Evidence used in federal criminal courts and rules for military courts-martial prohibit all evidence obtained by coercion.

Read more: http://www.aclu.org/safefree/general/40242prs20090708.html

[barbtries]

1. i wish it was on cspan

would like to tune in. thanks for posting

[Solly Mack]

2. K&R

[No Elephants]

3. Are you sure { that I want to be the fifth recommend on this thread}? Is the Pope male?

[No Elephants]

4. Again, I have to urge donating to the ACLU. Five dollars a month, $20 a year. Whatever you can.

Please.

And, if I may shill for another worthwile cause related to this thread, Amnesty International, too.

And PBS, for shows like Bill Moyers Journal, to make sure America knows what goes on.

[bvar22]

5. "allowing the admission of coerced evidence"

If "coerced evidence" is allowed, then these military commissions are nothing more than a sham with a purpose other than Truth and Justice.

This is also one more step in legitimizing torture.

[lebkuchen]

6. Proud member of the ACLU

There isn't a lot left to believe in.

[Hissyspit]

7. kick nt

[mmonk]

8. Thanks