Leaked emails claim Guantanamo trials rigged

Leaked emails from two former prosecutors claim the military commissions set up to try detainees at Guantanamo Bay are rigged, fraudulent, and thin on evidence against the accused. Two emails, which have been obtained by the ABC, were sent to supervisors in the Office of Military Commissions in March of last year - three months before Australian detainee David Hicks was charged and five months before his trial began.

The first email is from prosecutor Major Robert Preston to his supervisor.
Maj Preston writes that the process is perpetrating a fraud on the American people, and that the cases being pursued are marginal. "I consider the insistence on pressing ahead with cases that would be marginal even if properly prepared to be a severe threat to the reputation of the military justice system and even a fraud on the American people," Maj Preston wrote.

"Surely they don't expect that this fairly half-arsed effort is all that we have been able to put together after all this time." Maj Preston says he cannot continue to work on a process he considers morally, ethically and professionally intolerable.
"I lie awake worrying about this every night," he wrote. "I find it almost iimpossible to focus on my part of mission. "After all, writing a motion saying that the process will be full and fair when you don't really believe it is kind of hard, particularly when you want to call yourself an officer and lawyer."Maj Preston was transferred out of the Office of Military Commissions less than a month later.
Rigged?

The second email is written by another prosecutor, Captain John Carr, who also ended up leaving the department. Capt Carr says the commissions appear to be rigged. "When I volunteered to assist with this process and was assigned to this office, I expected there would at least be a minimal effort to establish a fair process and diligently prepare cases against significant accused," he wrote.
"Instead, I find a half-hearted and disorganised effort by a skeleton group of relatively inexperienced attorneys to prosecute fairly low-level accused in a process that appears to be rigged." Capt Carr says that the prosecutors have been told by the chief prosecutor that the panel sitting in judgment on the cases would be handpicked to ensure convictions. "

http://www.abc.net.au/news/newsitems/200508/s1426797.htm

.

It is treasonous what they have done to this country. Our soldiers will be the ones that pay when the retaliation hits.

holding an election?

David Hicks' military appointed lawyer has been saying the same thing for over 18 months. He is on record as saying that Hicks cannot get a fair trial under this system.

this is disgraceful
After more than two and a half years of detention, during which he has been tortured and deprived of every basic legal and democratic right, Australian citizen David Hicks was finally charged by the US military last week. The weak and self-contradictory nature of the charges only underscores the illegal character of his detention and that of the hundreds of other inmates held at Guantanamo Bay, Cuba following the American-led invasion of Afghanistan in October 2001.

It also exposes the complicity of the Howard government in supporting the Bush administration’s incarceration of Hicks and another Australian, Mamdouh Habib, in violation of the Geneva Conventions on the capture of prisoners during armed conflicts. As soon as the detention of the two men became known publicly in early 2002, the Howard government openly backed Washington’s flouting of international law on the grounds that the pair were among the most dangerous men in the world—the “worst of the worst” terrorists.

The three charges laid against Hicks—Habib has still not been charged—show these claims to be yet another set of fabrications advanced to help justify Howard’s unconditional support for US military aggression in Afghanistan and Iraq. Hicks has been accused of “conspiracy to commit war crimes,” “attempted murder by an unprivileged belligerent” and “aiding the enemy”. None of the charges allege that he actually killed or injured anyone. As Hicks’s US military lawyer Major Michael Mori asked: “Where are the worst of the worst?”

In truth, the evidence against Hicks and Habib was so shaky that the two men could not be charged with any offence under Australian law, let alone found guilty and imprisoned. That is why the Howard government refused a request from Washington to take custody of the pair and place them on trial in Australia.

and is back home. Had some very interesting (and horrifying) things to say about his treatment.

Not.

the complicit corporate controlled press ?? the one that leaves no stone turned ?? the one that runs on rumor and outrigt lies packaged as an opposing view ??

it'll be on the nightly news, 24/7, right after the board members of the military-prison-industrial complex are removed from the boards of the various meadea companies & when the meadea companies aren't owned or controlled by major military-prison-industrial complex companies

right then

:rofl:

And, btw, welcome to DU

:beer:

it's the web site of the the australian broadcasting corp - our national broadcaster - publicly owned, and still respected for balance despite howard's attempts at undermining it.

from the article:

"I consider the insistence on pressing ahead with cases that would be marginal even if properly prepared to be a severe threat to the reputation of the military justice system and even a fraud on the American people," Maj Preston wrote.

. . .

"I lie awake worrying about this every night," he wrote.

"I find it almost impossible to focus on my part of mission.

"After all, writing a motion saying that the process will be full and fair when you don't really believe it is kind of hard, particularly when you want to call yourself an officer and lawyer."

Hold them burnin' kkkrosses high! OnWard KKKristian Soldiers!

:eyes:

That's exactly what Bushco wants dammit!

And called a disgruntled employee.

Secret Detentions, Secret Prisons, Secret Tribunals are an insult to EVERYTHING I believe in as an American!

The Forefathers made it clear that Human Beings are endowed by their creator with certain inalienable rights.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights.."--Declaration of Independence

The forefathers MADE IT CLEAR that our rights do NOT come from the government, but solely from the fact that we are Human Beings!
An attempt to argue that the Protections in our Constitution are ONLY for some Human Beings remind me of Animal Farm where "some" animals were more equal than others." Arguing that Constitutional Rights extend ONLY to US Citizens indicates a PROFOUND misunderstanding about America and the values this country claims to stand for.

It is very simple. You either believe that our country was founded on values that extend beyond mere local governments, and that our sacred documents restrict Government, or you Don't believe it.



GITMO DEPRIVES ME OF MY RIGHTS AND RESPONSIBILITIES AS AN AMERICAN CITIZEN!!!

The right of Due Process and Public Trial was specified not ONLY to protect those detained by our Government, but it also confers on me, an American Citizen, the RIGHT and RESPONSIBILITY to observe the Government in action. It is MY RIGHT and RESPONSIBILITY to OVERSEE the government. It is absurd to argue that this RESPONSIBILITY is limited by our National Borders. There is NOWHERE in the WORLD where those who serve in MY NAME should be able to hide from the supervision of the American People. The Forefathers GAVE the PEOPLE the responsibility of Supervising the Government! Whenever those who serve IN MY NAME act to hide the actions of MY government, something is BAD wrong!




I DEMAND that my government HONOR my RIGHTS and RESPONSIBILITIES as an American Citizen.
The secret detention centers and secret tribunals are an INSULT and an ABOMINATION to ALL American Citizens, and a direct infringement on our Constitutionally Guaranteed Rights!

eom

Amendment this sleaze is proposing to give "President" Bush more power to detain "enemy combatants.

ON 'SENATOR' GRAHAM'S SITE - HOME PAGE:
:wtf:

Senator Graham Press Release
Contact: Wes Hickman (202-224-5972) or Kevin Bishop (864-250-1417)
Date: 07/25/2005
Graham Set to Offer Amendment Strengthening Presidential Role in Detaining Enemy Combatants

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) is scheduled to offer an amendment to the defense authorization bill strengthening the legal hand of the Bush Administration and future Administrations to hold enemy combatants at Guantanamo Bay, Cuba (Gitmo).

“It is imperative we have procedures in place at Gitmo that will keep terrorists off the

battlefield as long as necessary to protect our nation,” said Graham, a member of the Senate Armed Services Committee. “My amendment seeks to achieve that goal.” “Without congressional authority we run a real risk a federal court will either take over or impede our efforts at Gitmo,” said Graham “We are winning in some courts and losing in others. It is now time to strengthen Gitmo so it can meet our national defense needs.”

Graham noted that by Congress acting through statute, the likelihood of keeping properly designated enemy combatants off the battlefield for an undetermined amount of time is enhanced and will strengthen Gitmo’s legal position in federal court.

“The president has established procedures to determine who is an enemy combatant and to annually review their status,” said Graham. “It’s now time for Congress to sign-off on these procedures and turn them into a statute, a move the courts will give great deference to.”

The major provisions of the Graham amendment include:

The Combatant Status Review Tribunal (CSRT), established by the president, would become statutory law. The tribunal determines the status of whether a detainee is an unlawful enemy combatant.

The Annual Review Board (ARB), also established by the president, would become statutory law. The ARB reviews the combatant’s status on an annual basis to determine if the individual is an enemy combatant, still holds intelligence value and/or, still presents a threat to the United States. Graham modifies current procedure by allowing an enemy
combatant to have a military lawyer present when appearing before the ARB. They currently have a military representative present. (SURE THEY DO!!) (SEE ABOVE LEAKED EMAILS!!!)

The president is also given flexibility to update CSRT and ARB procedures by giving Congress 30 days notice. “My goal is to legitimize the actions our nation is taking at Gitmo and keep enemy
combatants off the battlefield as long as possible,” said Graham. “Congress can and needs to act to legitimize the long-term detention of enemy combatants at Gitmo. The War on Terror will go on long after this Administration and we need to have congressional buy-in Into this matter.”

“By getting Congress to put some of these things into law, it will strengthen the Commander in Chief’s hand in the War on Terror,” said Graham. “We can also clear up any legal confusion that currently exists and can show the courts the Executive and

Legislative branches have acted together which will tremendously strengthen the legal position of Gitmo, President Bush, and all future Commanders in Chief.”

~~~~~~~~~~~
My email to Graham:

I strongly oppose your giving Resident Bush more power to detain innocent people at Guantanamo Bay and elsewhere.

The way these people were captured "like someone catches and sells a fish" and the fact that Cheney was negotiating with Halliburton Brown and Root for these torture chambers in a continuation of the nototrious MK-ULTRA mind-control, sexual torture, human
experimentation is despicable.

I had been writing to thank you for trying to investigate the Nazi-type War Crimes torture of detainees of the Bush Regime outlined in the New York Times.

...

The whole Bush Regime should be in the Hague not being given more power to torture and murder innocents.

By the way, are you going to try to enforce the court order forcing the Pentagon and Bush to release the 4 videos and photos of 7 year olds being gang raped by US Soldiers at Guantanamo Bay and the sodomizing of children in front of their mothers and the women
and men who were raped.

The president does not have the power to defy a court order but a dictator would.Your amendment proposing to give the Bush Regime even more power after they have tortured, mutilated, raped and murdered so many innocent people including our own troops is despicable
:wtf: :mad: :wtf: :grr: :dem: :kick:

They have mock trials.

I'm more than sure this is just fine with Rumsfeld, Cheney, b**h,
Rice, Bolton & torture them till they talk Attorney General Gonzales they think these Prisoners are lucky they aren't summarily executed.

This is the kind of vile putrescence that currently runs the show in DC.

They are Fascists, lovers of control & brutality.

They could care less about due process the rule of Law or a Citizens
Rights.

n/t

God I hate this Fucker!!!!!!!!

recorded. No Client Attorney privalege.

Is Amerika still a Representative Republic that stands by The Constitution and The Bill of Rights?

THE United States military commission process under which Australian David Hicks would be tried for terrorism offences was flawed, with juries selected to ensure conviction, two former prosecutors have claimed. In the latest setback to the US military commission process, the two former prosecutors, who have since transferred to other duties, criticised the process as flawed and perpetrating a fraud on the American people.

Capt Carr made a variety of claims about the process – allegations of abuse of detainees were ignored, evidence had disappeared and that prosecutors were offering advice to the appointing authority. He also said he had been told the juries deciding the cases would be stacked."You have repeatedly said to the office, the military panel will be hand picked and will not acquit these detainees and we only needed to worry about building a record for the review panel," he said in the email to a superior officer.

Hicks's military lawyer, Major Michael Mori, said he was shocked.
"I would be very surprised if the Australian Government was provided any of this information at the time they were negotiating and looking at the military commission system to see if it was appropriate or not," he told ABC radio.
"When you look at the system and how it is operating and you look at the information that has just come out, I would hope that they would say enough's enough.
"Brigadier General Thomas Hemingway, legal adviser to the military commissions, said the Pentagon had conducted its own investigation and found no legal or ethical problems.

http://www.theaustralian.news.com.au/common/story_page/0,5744,16113074%255E1702,00.html

The leaked emails merely confirm what everyone knew going in.

more......

http://www.abc.net.au/news/newsitems/200508/s1426797.htm

and that everyone with a soul speaks out. thanks for posting this

So now we rig military tribunals. I want to scream!
They are completely ruining our reputation as a nation of laws in the eyes of the world.

Another reason Rumsfeld should just resign.

sweet!

I hope they pursue this.

LABOR today challenged Attorney-General Philip Ruddock to declare whether he still believed David Hicks would receive a fair trial after claims the military commission system was rigged. Opposition legal affairs spokeswoman Nicola Roxon said Labor had repeatedly expressed serious concerns about the US military commission process and emails, leaked by former prosecution officials, confirmed the worst.

"The Attorney-General must say whether he stands by his repeated assertions that David Hicks will receive a fair trial, in light of emails saying the exact opposite from insiders in the Military Commission process," she said. "When he visited Washington two weeks ago was Mr Ruddock briefed on these emails?"
David Hicks was detained in Afghanistan in 2001 while fighting with the Taliban regime.

Ms Roxon said Mr Ruddock had stated that the Government had investigated the process and was certain it would be fair.She asked what steps Mr Ruddock had taken to satisfy himself the process was fair and had he or anyone else ever sought the views of prosecution staff such as the email authors Major Robert Preston and Captain John Carr."He has shown that Australian citizens cannot trust their Attorney-General to stand up for their rights to a fair trial," she said.

http://www.theaustralian.news.com.au/common/story_page/0,5744,16113551%255E1702,00.html
http://www.abc.net.au/news/newsitems/200508/s1426924.htm

NYTimes now has a report too
http://nytimes.com/2005/08/01/politics/01gitmo.html?hp&ex=1122868800&en=3ab74c6e369ae05c&ei=5094&partner=homepage

doesn't care enough about its own citizens to raise even a tiny
squeak in protest.

Mark Latham was right about one thing: this government is a bunch
of suckholes.

http://www.nytimes.com/2005/08/01/politics/01gitmo.html?ei=5094&en=14361cb65310f58f&hp=&ex=1122955200&partner=homepage&pagewanted=print

As the Pentagon was making its final preparations to begin war crimes trials against four detainees at Guantánamo Bay, Cuba, two senior prosecutors complained in confidential messages last year that the trial system had been secretly arranged to improve the chance of conviction and to deprive defendants of material that could prove their innocence.

The electronic messages, obtained by The New York Times, reveal a bitter dispute within the military legal community over the fairness of the system at a time when the Bush administration and the Pentagon were eager to have the military commissions, the first for the United States since the aftermath of World War II, be seen as just at home and abroad.

During the same time period, military defense lawyers were publicly criticizing the system, but senior officials dismissed their complaints and said they were contrived as part of the efforts to help their clients.

The defense lawyers' complaints and those of outside groups like the American Bar Association were, it is now clear, simultaneously being echoed in confidential messages by the two high-ranking prosecutors whose cases would, if anything, benefit from any slanting of the process.

From a "Midsummer's Night Dream", Puck to Oberon.."A Lord, what fools these mortals be." It was true in his time, it is still true now. May whichever Deity we worship protect us from this evil regime.

WASHINGTON, July 31 - As the Pentagon was making its final preparations to begin war crimes trials against four detainees at Guantánamo Bay, Cuba, two senior prosecutors complained in confidential messages last year that the trial system had been secretly arranged to improve the chance of conviction and to deprive defendants of material that could prove their innocence.

The electronic messages, obtained by The New York Times, reveal a bitter dispute within the military legal community over the fairness of the system at a time when the Bush administration and the Pentagon were eager to have the military commissions, the first for the United States since the aftermath of World War II, be seen as just at home and abroad.

........

Among the striking statements in the prosecutors' messages was an assertion by one that the chief prosecutor had told his subordinates that the members of the military commission that would try the first four defendants would be "handpicked" to ensure that all would be convicted.

The same officer, Capt. John Carr of the Air Force, also said in his message that he had been told that any exculpatory evidence - information that could help the detainees mount a defense in their cases - would probably exist only in the 10 percent of documents being withheld by the Central Intelligence Agency for security reasons.

Damning Article on Military Justice/Detainees from NYTimes

:kick:

So how is this denial story posted with time stamp of 9:11pm today?
Last Update: Monday, August 1, 2005. 9:11pm (AEST)

David Hicks has been held at Guantanamo Bay for almost four years. (Reuters)

Govt stands by US military tribunals
http://www.abc.net.au/news/newsitems/200508/s1427586.htm

ON EDIT: Oh. It's from Australia. 'Doh!

:eyes: well, not exactly. They hate us because we're heavy-handed imperialists who always stack the deck in our favor.

This is what our once fine country has been reduced to. How long until these kangaroo courts take affect in our OWN country, ladies and gentlemen? How long until perceived "enemies of the state" are railroaded off to the American gulags without benefit of a fair trial?

It's not that far off, believe me. :cry: I weep for our nation.

go to a superior court in your county on the day that they do preliminary hearings for felony cases. There you can watch one "suspect" after another meet their attorny for the first time.

Prosecuters get to stack each "suspect" with multiple charges for the same incident. Court appointed attornies flatly refuse to consider a plea of innocence or to offer a plea different than the plea bargain presented by the Prosecuter.

The effect is that a suspect is guilty until proven wealthy. If you cannot afford a defense none will be offered you. The courts are complicit in that they explicitly punish those that defend their freedom far more than those that meekly submit.

The worst is this: no prosecuter or law enforcement officer need be concerned that the consequences of excessive zeal in punishment should ever fall on them.

The Gulag is here NOW!!

Labelled a significant find, leaked e-mails addressed by prosecutors to the Office of Military Commissions claim that military commissions are rigged to insure the convictions of Gitmo detainees, ABC News is reporting.



This is deeply troubling. Has this administration no conscience?

Read it here:
Leaked emails claim Guantanomo trials rigged

Long before these latest leaks, the evidence that Hicks will not receive a fair trial has been overwhelming. Goldsmith and his Prime Minister, Tony Blair, were so alarmed by the unfairness of the military commissions they refused to allow their citizens to be tried before them. To list just a few of the flaws, evidence gained under torture can be used against the accused and prosecutors may not even have to produce their witnesses but merely read their statements into the record.

The Bush Administration bowed to British pressure and sent all its detainees home. By contrast, the Howard Government, which was closely involved with the British negotiations, declared itself fully satisfied and gave the military commissions its tick of approval. That approval came not long before Carr and Preston were writing their damning emails. Preston called the commissions "a severe threat to the reputation of the military justice system and a fraud on the American people".

But most disturbing for the Australian Government should be Carr's claim that the military panel judging Hicks had been chosen to ensure the accused would be convicted. He wrote to the chief prosecutor, Colonel Frederick Borch: "You have repeatedly said to the office that the military panel will be handpicked and will not acquit these detainees and we only needed to worry about building a record for the review panel".



http://www.smh.com.au/news/world/insiders-confirm-obvious-the-hicks-fix-is-in/2005/08/01/1122748580178.html

They make everything as expedient as possible and stick you in front of a fake judge. Only those that know the rules (ie: lawyers, knowledgeable defendants) in traffic court can have a chance at winning.


It’s sad but not surprising. Just like our traffic court system the government must be saving a lot of money by not providing legitimate trials.

...this would be front page news and there would be investigations, convictions, and heads would roll. These hearings were court ordered after the government was taken to court because there were NO hearings and NO representation.

This won't last two days in the media. Then it will be gone.

Bad mood tonight.

lots going on there about this

I have been away for a week with no TV or computer. My guess is there has been nothing about this on TV at all. This is truly stunning to read, though not surprising at all for the criminals in charge!

:grr:

. . . that what was most frightening was reading news like this, and then looking out the window.

So look out the window.

Do you see any people taking to the streets?