Draft of tribunals bill spurs concern on citizens' rights
Draft of tribunals bill spurs concern on citizens' rights
BY ANNE PLUMMER FLAHERTY
Copyright by The Associated Press
July 30, 2006
WASHINGTON -- U.S. citizens suspected of terror ties might be detained indefinitely and barred from access to civilian courts under legislation proposed by the Bush administration, say legal experts reviewing an early version of the bill.
A 32-page draft measure is intended to authorize the Pentagon's tribunal system, which was established shortly after the 2001 terrorist attacks, to detain and prosecute detainees captured in the war on terror. The tribunal system was thrown out last month by the Supreme Court.
Administration officials, who declined to comment on the draft, said the proposal was under discussion and no final decisions had been made.
According to the draft, the military would be allowed to detain all ''enemy combatants'' until hostilities cease. The bill defines enemy combatants as anyone ''engaged in hostilities against the United States or its coalition partners who has committed an act that violates the law of war and this statute.''
Secret court outlined
Legal experts said Friday that such language is dangerously broad and could authorize the military to detain indefinitely U.S. citizens who had only tenuous ties to terror networks like al-Qaida.
''That's the big question . . . the definition of who can be detained,'' said Martin Lederman, a law professor at Georgetown University.
Scott Silliman, a retired Air Force Judge Advocate, said the broad definition of enemy combatants is alarming because a U.S. citizen loosely suspected of terror ties would lose access to a civilian court -- and all the rights that come with it. Administration officials have said they want to establish a secret court to try enemy combatants that factor in realities of the battlefield and would protect classified information.
The administration's proposal, as considered at one point in discussions, would toss out several legal rights common in civilian and military courts, including barring hearsay evidence, guaranteeing ''speedy trials'' and granting a defendant access to evidence. The proposal also would allow defendants to be barred from their own trial and likely allow the submission of coerced testimony.
AP
BY ANNE PLUMMER FLAHERTY
Copyright by The Associated Press
July 30, 2006
WASHINGTON -- U.S. citizens suspected of terror ties might be detained indefinitely and barred from access to civilian courts under legislation proposed by the Bush administration, say legal experts reviewing an early version of the bill.
A 32-page draft measure is intended to authorize the Pentagon's tribunal system, which was established shortly after the 2001 terrorist attacks, to detain and prosecute detainees captured in the war on terror. The tribunal system was thrown out last month by the Supreme Court.
Administration officials, who declined to comment on the draft, said the proposal was under discussion and no final decisions had been made.
According to the draft, the military would be allowed to detain all ''enemy combatants'' until hostilities cease. The bill defines enemy combatants as anyone ''engaged in hostilities against the United States or its coalition partners who has committed an act that violates the law of war and this statute.''
Secret court outlined
Legal experts said Friday that such language is dangerously broad and could authorize the military to detain indefinitely U.S. citizens who had only tenuous ties to terror networks like al-Qaida.
''That's the big question . . . the definition of who can be detained,'' said Martin Lederman, a law professor at Georgetown University.
Scott Silliman, a retired Air Force Judge Advocate, said the broad definition of enemy combatants is alarming because a U.S. citizen loosely suspected of terror ties would lose access to a civilian court -- and all the rights that come with it. Administration officials have said they want to establish a secret court to try enemy combatants that factor in realities of the battlefield and would protect classified information.
The administration's proposal, as considered at one point in discussions, would toss out several legal rights common in civilian and military courts, including barring hearsay evidence, guaranteeing ''speedy trials'' and granting a defendant access to evidence. The proposal also would allow defendants to be barred from their own trial and likely allow the submission of coerced testimony.
AP
posted by Carlos T Mock at 6:07 AM
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