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Proposal would allow the use of hearsay evidence a


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#1 spy1

spy1

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Posted 26 July 2006 - 11:54 AM

http://www.cnn.com/2...s.ap/index.html

"WASHINGTON (AP) -- As the White House nears its recommendations to prosecute terror suspects detained by the military, it's undecided on whether to use courts martial or more stringent military tribunals.

A draft being circulated within the administration says the more defendant-friendly court-martial system is "not practicable in trying enemy combatants" since it would require the government to share classified information, The New York Times reported on its Web site Tuesday night.

According to the draft, hearsay evidence would be allowed unless it was deemed to be unreliable. Defendants also would be barred from their own trials if it necessary to protect national security."

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Gee, I wonder who's going to make the "determination" about the info being "un-reliable" or not? Or whether the defense will get a chance to question/determine that? (Probably not).

Aren't you glad you're not a "detainee" - yet?

But hey! There's an upside!

"At the same time, however, the legislation would offer a few expanded protections for defendants, including a ban on statements obtained by the use of torture for use as evidence, according to the Times."

So the torture part is okay (it's implicit that that's the way they want it) - they'll just not be able to use the "evidence"
gained through the use of torture (this will be massively comforting to those that survive the torture, I'm sure).

What in the hell have we come to here, people? Really? Being as evil or even more evil than the people we're claiming are our enemies?
A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government."
--George Washington

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