Reply #4: From the article [View All]

[Solly Mack]

But Air Force Maj. Jane Boomer, a Pentagon spokeswoman, told reporters at Guantanamo earlier this month that current tribunal rules hypothetically could allow the use of evidence obtained through torture because such evidence was not explicitly banned.

"It is not specified in the rulebook, period," she said at a March 2 news conference at the camp

Article 15
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

Article 15
Convention against Torture and Other Cruel,Inhuman
or Degrading Treatment or Punishment>


Executive Order changing the rules regarding evidence

(f) Given the danger to the safety of the United States and the nature of international terrorism, and to the extent provided by and under this order, I find consistent with section 836 of title 10, United States Code, that it is not practicable to apply in military commissions under this order the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts

US Code 10 Section 836 Article 36

U.S. Code as of: 01/06/03
Section 836. Art. 36. President may prescribe rules

(a) Pretrial, trial, and post-trial procedures, including modes
of proof, for cases arising under this chapter triable in
courts-martial, military commissions and other military tribunals
and procedures for courts of inquiry, may be prescribed by the
President by regulations which shall, so far as he considers
practicable,apply the principles of law and the rules of evidence
generally recognized in the trial of criminal cases in the United
States district courts, but which may not be contrary to or
inconsistent with this chapter.
(b) All rules and regulations made under this article shall be
uniform insofar as practicable.

Military Tribunal Rules


Bush changed the tribunal rules using word "practicable" as a loop-hole,coupled with his warped thinking, making evidence by torture permissable, albeit through fallacious reasoning. The Military Tribunal Rules do not say "no evidence obtained by torture permitted" in those exact words, but read the rules. The rules don't say you can violate existing US Code either. - as Article 15 does apply to the laws of war, military tribunals are required to follow them. Also, US Code, Section 836, Article 36 states military tribunals must apply the principles of "law and rules of evidence" recognized(as acceptable/legal)in criminal trials in US district courts to military tribunals. Meaning, the rules of evidence ( method of obtaining evidence and it's application) in a military tribunal is governed by US Code.

The Pentagon, if the OP article is accurate in it's intent, would be going back to the original intent of the law as it's been applied for years - before Bush and his torture policy came along. IF that's the intent of the article. However, I've got my doubts.

I'm wondering how Bush will respond to this - what tortured logic he will use to continue to his torture policy.

Also, Air Force Maj. Jane Boomer, from the article, is a lying sack of shit.