[QUOTE=John Mace]
I agree, although I think there is another point that wasn’t expored in the OP’s cite. IANAL, but I would assume that it is the responsibility of this guy’s attorney to dig up witnesses for him, not the court itself. Maybe in the case of the military tribunals it works differently, but I was assume that his attorney would not be stopped from looking for witnesses even if the court was doing that as well.
Now, it’s not clear to me that all these guys were actually given attorneys to argue on their behalf, but some of them certainly were-- witness LCDR Swift of Hamdan v Rumsfeld fame. These guys are not timid (again, witness LCDR Swift), but they may be overworked. Still, I have to wonder why even an overworked attorney couldn’t have found at least one of these witnesses.
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This is the part that really infuriates me, John. The prisoners were shuffled into a murky legal limbo under the guise of fighting terrorists. They weren’t quite prisoners of war, rather people assumed (?) to have terrorist leanings. Why or how they were determined to be dangerous to require immediate imprisonment, minus trials, and kept imprisoned, wasn’t ever handled with anything resembling openess, much less due process.
This whole disgraceful non-process reeked from day one. It amounted to ‘hey, they’re so dangerous we just gotta keep ‘em out of commission’. Trust us, top secret, keeping you safe, blah, blah, blah’. The trouble is, they apparently didn’t do enough basic investigation before they slammed these guys right into Gitmo and left them to rot. Where in this murky non-process was the standard of sufficient evidence to idict? No matter what quasi-legal gulag this horrendous administration tried to create, the responsiblity rested squarely on them to be sure pretty damned sure first before slapping people into a sorta-not-really military prison.
Did Bush and his cadre of arrogant assholes really think that this crap would fly indefinitely? That no one would ever care enough to actually look at why people were imprisoned rather than just taking their word on it? What sort of vicious, stupid assholes just assume the entire world would or should indefinitely take their word that the prisoners should just be left to rot?
No matter which way it’s sliced, BushCo. went way out of a limb creating a special ‘terrorist’ gulag. Anybody with two connecting brain cells should have made damned sure, in advance, that actual grounds for imprisoment would bear scrutiny. Their grab-'em-all-and-sort-'em-out-later shit was guaranteed to backfire. I’ve reluctantly come to the conclusion that BushCo is not only vicious and morally bankrupt but also stupider than a box of hammers as well.