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Saturday, November 22, 2008
Military justice intersects with military commissions
COL Stephen Henley, the chief judge of the Army Trial Judiciary, is presiding over the capital Martinez court-martial at Fort Bragg. He was also recently detailed to preside over the trial of Khalid Sheikh Mohammed and four co-conspirators alleged to have conspired to attack the World Trade Center and the Pentagon on 9-11, among other offenses. According to this WRAL report, Judge Henley will recess the ongoing Martinez capital court-martial for the week of 8 December in order to preside over hearings in the Mohammed, et al. case at Guantanamo Bay that week.
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14 comments:
strap them down and plug them in and watch them BOUNCE!
That is an incredibly stupid decision. It also plays beautifully into the MilCom Defense Counsel's UCI motions - recess an on-going, capital murder trial, to fly to GTMO to do pretrial hearings?
It's an even stupider decision - but consistent with the Appointing Authority's "mandate" considering the fact that at least the current version of MilCom's is going to be aborted after January 20th.
Hopefully the GTMO DC folks will chime in here.
Anon 0532 - If you are a lawyer, you don't deserve to be one!
There are going to be some military counsel looking for billets January in early February.
Dew Process: Stifle yourself.
How is that UCI?
The first comment is offensive to those (like me) who are anti-death penalty. But Dew Process: it doesn't really bear on Anon's qualifications to be a lawyer. Also, a lot of my close friends in the defense bar here in Maryland are anti death penalty, but FOR executing KSM et al, because they lost loved ones on 9/11/01.
"Character" as in "character and fitness" to practice law, is always relevant. It doesn't matter what your view, personal or professional" is on the death penalty - the post reflects a lack of character that reflects poorly on our profession.
I lost a good friend and a good lawyer (former JAG) who was on the plane that went into the Pentagon. I had another good friend and lawyer injured in the Towers collapse. But, I believe that we as lawyers must lead by example, regardless of how we feel about certain defendants. KSM and others of his ilk may indeed be deserving of whatever process is due them under the law. But, that does not mean we turn off our duty of civility.
As Lee Corso would say: Not so fast my friends. I am not sure, despite the rhetoric to the contrary, that Obama will shut down the MilComs. Strange things happen when you finally learn things you did not know when having diaherra of the mouth for political gain.
My guess is that KSM's MilCom will continue and not be stopped. Also, GTMO won't be closed. What I would be interested in seeing is how viral the attacks against Omaba will be from HRW and the ACLU as they have been against Bush (it is my theory that those groups are purely political and could care less about human rights) and how the press will cover up for Obama's flip flop.
Dew Process: So the first amendment doesn't apply to opinions you disagree with? And you would categorize the first comment as a disqualifying lack of character to practice law? Really? Or were you just popping off at the mouth?
(I didn't make the comment but I understand the animus.)
Anon 10:18 ANY attorney who does not recognize that the death penalty is unconstitutional and a human rights atrocity SHOULD NOT be permitted to practice law. Is that clear enough for you?
0955 Anon,
How cowardly of you to anonymously besmirch Human Rights Watch and the ACLU. On what do you base your "theory"? I know many people who work for both of those organizations (heck, I used to work for one of them), and I know they are deeply committed to human rights. (Of course, what you wrote is literally true -- members and staff of those organizations care deeply about human rights, so they could care less. I don't understand how "could care less" came to replace "couldn't care less" when the former means the exact opposite of what its speaker usually intends to convey.)
Will you now show the moral courage to attach your name to your attack and provide the basis for your theory?
Zealots. The Constitution is not a suicide pact.
While this may not follow the thread, I would have to say that all parties in these cases would be pleased to have an experienced jurist such as COL Henly presiding over their cases.
0955 Anon
I think that you are wrong about the future of the commissions, GTMO, and the human rights groups that have accurately reported on the travesty that is all things GTMO and who have sincerely advocated for change. I too know many dedicated individuals from the ACLU and HRW, and they will be equally critical of the President-elect should he continue the separate but unequal system of quasi-courts established to try certain alleged terrorists based solely on national origin. If you are right about the commissions, we will someday be able to proudly place KSM's "trial" in its rightful place alongside the trial of the Lincoln conspirators, Quirin, Yamashita, and Eisentrager for future generations to cherish.
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