Comments on: “Close Hold” Administration Tribunal Plan Has Been Leaked, Get Your Copy http://www.stoptheaclu.com/2006/07/29/close-hold-administration-tribunal-plan-has-been-leaked-get-your-copy/ Beating Them With Their Own Sickle And Hammer Mon, 13 Feb 2012 18:01:59 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: meatbrain http://www.stoptheaclu.com/2006/07/29/close-hold-administration-tribunal-plan-has-been-leaked-get-your-copy/comment-page-1/#comment-54036 meatbrain Sat, 29 Jul 2006 19:29:13 +0000 http://stoptheaclu.dreamhosters.com/archives/2006/07/29/close-hold-administration-tribunal-plan-has-been-leaked-get-your-copy/#comment-54036 <strong>"Court-martial procedure are "not practicable in trying enemy combatants" because doing so would "require the government to share classified information"..."</strong> Rule 505 of the <a href="http://www.au.af.mil/au/awc/awcgate/law/mcm.pdf" rel="nofollow">Manual of Courts-Martial</a> provides extensive procedures for dealing with classified information. Explain why those procedures are suddenly "not practicable". “Court-martial procedure are “not practicable in trying enemy combatants” because doing so would “require the government to share classified information”…”
Rule 505 of the Manual of Courts-Martial provides extensive procedures for dealing with classified information. Explain why those procedures are suddenly “not practicable”.

]]> By: Oak Leaf http://www.stoptheaclu.com/2006/07/29/close-hold-administration-tribunal-plan-has-been-leaked-get-your-copy/comment-page-1/#comment-54035 Oak Leaf Sat, 29 Jul 2006 15:32:52 +0000 http://stoptheaclu.dreamhosters.com/archives/2006/07/29/close-hold-administration-tribunal-plan-has-been-leaked-get-your-copy/#comment-54035 The draft clearly states several of the reasons. Court-martial procedure are “not practicable in trying enemy combatants” because doing so would “require the government to share classified information” and would exclude “hearsay evidence determined to be probative and reliable.” Nor does the bill adhere to the military’s rules for the admissibility of evidence and witnesses at trial statements because “the United States cannot safely require members of the armed forces to gather evidence on the battlefield as though they were police officers.” When you are busting down a door in Afgahnistan, you do not have the time or security to conduct a UCMJ Investigation. Anything that the Administration comes up with will have to be implimented not by lawyers but Combat Arms Officers in a field environment. The plan as previously leaked by the New York Times is being well received by the uniformed military (non JAG). I have no problem with JAG types coming up with court room procedures that are after the fact. The problem is that any "evidence" that you gather on the modern day battlefield would not be able to be admitted under the UCMJ. The draft clearly states several of the reasons. Court-martial procedure are “not practicable in trying enemy combatants” because doing so would “require the government to share classified information” and would exclude “hearsay evidence determined to be probative and reliable.”

Nor does the bill adhere to the military’s rules for the admissibility of evidence and witnesses at trial statements because “the United States cannot safely require members of the armed forces to gather evidence on the battlefield as though they were police officers.” When you are busting down a door in Afgahnistan, you do not have the time or security to conduct a UCMJ Investigation.

Anything that the Administration comes up with will have to be implimented not by lawyers but Combat Arms Officers in a field environment. The plan as previously leaked by the New York Times is being well received by the uniformed military (non JAG).

I have no problem with JAG types coming up with court room procedures that are after the fact. The problem is that any “evidence” that you gather on the modern day battlefield would not be able to be admitted under the UCMJ.

]]> By: meatbrain http://www.stoptheaclu.com/2006/07/29/close-hold-administration-tribunal-plan-has-been-leaked-get-your-copy/comment-page-1/#comment-54034 meatbrain Sat, 29 Jul 2006 12:10:40 +0000 http://stoptheaclu.dreamhosters.com/archives/2006/07/29/close-hold-administration-tribunal-plan-has-been-leaked-get-your-copy/#comment-54034 I still have yet to see a cogent explanation for why the existing court-martial system cannot work for trying accused terrorists. Why is an entirely new military legal system required, when we have one in place already? I still have yet to see a cogent explanation for why the existing court-martial system cannot work for trying accused terrorists. Why is an entirely new military legal system required, when we have one in place already?

]]>