Top Military Lawyers Oppose Plan for Special Courts
By R. Jeffrey Smith
Washington Post Staff Writer
Thursday, August 3, 2006; Page A11
"The United States should be an example to the world, sir," testified Maj. Gen. Scott C. Black, judge advocate general of the Army. (By Dennis Cook -- Associated Press)
The military's top uniformed lawyers, appearing at a Senate hearing yesterday, criticized key provisions of a proposed new U.S. plan for special military courts, affirming that they did not see eye to eye with the senior Bush administration political appointees who developed the plan and presented it to them last week.
The lawyers' rare, open disagreement with civilian officials at the Pentagon, the Justice Department and the White House came during discussions of proposed new rules for the use of evidence derived from hearsay or coercion and the possible exclusion of defendants from the trials in some circumstances....
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The basis for the lawyers' concerns about administration policy, which they first articulated in private memos in 2002 and 2003 for top Defense Department political appointees, is that weak respect for the rights of U.S.-held prisoners eventually could undermine U.S. demands for fair treatment of captured U.S. service personnel.
"The United States should be an example to the world, sir," Maj. Gen. Scott C. Black, judge advocate general of the Army, told Sen. Russell Feingold (D-Wis.) at the Senate Judiciary Committee hearing. "Reciprocity is something that weighs heavily in all of the discussions that we are undertaking as we develop the process and rules for the commissions, and that's the exact reason, sir. The treatment of soldiers who will be captured on future battlefields is of paramount concern."...
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Perhaps the sharpest point of disagreement concerned a provision that would allow a military judge to decide that classified evidence could be used at the trials by providing it to a military defense lawyer but not to defendants. Maj. Gen. Jack L. Rives, the Air Force's judge advocate general, said: "It does not comport with my ideas of due process for . . . defense counsel to have information he cannot share with his client." The other lawyers agreed with Rives....
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/02/AR2006080201652.html