Military lawyers spoke out before Congress sold out American values

[ProSense]

John D. Hutson: Congress must right a wrong on treatment of detainees

By JOHN D. HUTSON
Your Turn, NH
Monday, Sep. 11, 2006

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How should Congress deal with the issue? Should lawmakers take a blank sheet of paper and a pen and create a new set of rules?

The answer is closer and much simpler than they might realize. On the bookshelf of virtually every U.S. military judge advocate sits a thick burgundy book. One sits on mine. The content of that book is the envy of every other nation's armed forces. It was created by Congress and has withstood scrutiny by the Supreme Court — the same court that found serious flaws with the President's commission system.

The book to which I refer contains the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM).) The UCMJ and the MCM already address the concerns raised by the Supreme Court when it struck down the military commissions President Bush put in place, and they comply with the Geneva Conventions.

As required by Common Article 3 of the conventions, they provide "a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples."

Now, some have advocated for a new set of rules that would avoid or modify our obligations under Common Article 3. Such a move is not only unnecessary, but it would endanger our brave soldiers. If we fail to respect the protections of the Geneva Conventions and take steps to circumvent it, we lose our moral ground to object should other countries follow our lead. We would create a scenario where an American soldier, captured by the enemy, would be subject to torture and a kangaroo court, with an unimaginable punishment.

Likewise, Congress must not simply act to authorize the military commissions the administration has put in place. Such a move would be a disaster. The Supreme Court has already found that system to be lacking in significant ways. The justices of the Supreme Court gave Congress and the White House a road map to follow. Failure to enact sound rules will only lead to another adverse ruling from the highest court in the land.


more...

Retired Adm. John D. Hutson served as the Navy's judge advocate general from 1997 to 2000. He is president and dean of the Franklin Pierce Law Center in Concord.

http://www.unionleader.com/article.aspx?headline=John+D.+Hutson%3A+Congress+must+right+a+wrong+on+treatment+of+detainees&articleId=cc20d971-27e0-4862-978d-10aa0218a83f

Also sounding alarms on Bush's legislation Thursday were the Pentagon's top uniformed lawyers. Testifying before a House panel, the service's judge advocate generals said the plan could violate treaty obligations and make U.S. troops vulnerable.

``While we seek that balance'' of fairness and security, ``we also must remember the concept of reciprocity,'' said Brig. Gen. James Walker, staff judge advocate for the Marine Corps. ``What we do and how we treat these individuals can, in the future, have a direct impact on our service men and women overseas. ``

The president's legislation would authorize the defense secretary to convene military tribunals to prosecute terrorism suspects and omit rights common in military and civil courts, such as the defendant's right to access all evidence and a ban on coerced testimony. Bush has said the plan is both fair and tough enough to ensure dangerous terrorists can be brought to justice.

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But the service's top lawyers reiterated their position that other alternatives must be explored - or the case dropped.

``I believe the accused should see that evidence,'' said Maj. Gen. Scott Black, the Army's judge advocate general.

http://www.guardian.co.uk/worldlatest/story/0,,-6065810,00.html

Congress ignored them too!
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[acmavm]

1. We don't have a Congress anymore. We just have a bunch of

slugs on their knees to a criminal cabal.

[GetTheRightVote]

2. This is a very sad day in your nations history, * must go, impeach him

we must, get him out of our White House we must !!!

:kick: