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May 06, 2008

Bush Punts The Gitmo Trials

By Cernig

Via Jeralyn at Talk Left comes the news that the Bush administration has punted the entire thorny problem of Gitmo, its detainees and their trails to the next incumbent.

Nearly seven years later, however, not one of the approximately 775 terrorism suspects who have been held on this island has faced a jury trial inside the new complex, and U.S. officials think it is highly unlikely that any of the Sept. 11 suspects will before the Bush administration ends.

Though men such as Khalid Sheik Mohammed, the alleged Sept. 11 mastermind, are expected to be arraigned in coming months -- appearing publicly for the first time after years of secret detention and harsh interrogations -- officials say it could be a year or longer before worldwide audiences will see even the first piece of evidence or testimony against them.

Jeralyn thinks it likely that any of the three candidates will close Gitmo and then scrap the military tribunals system which has made such a sick joke of American justice in favor of civil trials or trials under the full panoply of military law.

Personally, I'm doubtful about that. Arraignments before Bush's time ends are a pretty transparent attempt to "lock in" the tribunals system for the next President, who would be faced with either going with the current system or arraigning anew and then holding trails that would be even further delayed. Worse, the next President has to know that fair trials will lead to most, if not all, of those charged being released because evidence against them will be tainted by torture allegations. It will be a straight-on contest between doing the right thing and caving in the face of a certain political storm rightwing outrage when "confessed terrorists" walk free. Given their records to date, I've no confidence whatsoever in any of the three deciding to do the right thing.

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