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Obama May Bring Back Military Terror Courts

By Kevin Spak,  Newser Staff

Posted May 2, 2009 9:18 AM CDT

(Newser) – Barack Obama is leaning towards reinstituting military commissions as a way of trying Guantanamo detainees, and could begin publicly doing so as soon as next week, officials tell the New York Times. Obama has been a staunch critic of the system, but the administration is increasingly worried about the hazards of trying the detainees in federal courts.

Administration lawyers fear judges could make it hard to prosecute suspects who have been tortured or abused, or block hearsay evidence from intelligence officials. “The more they look at it, the commissions don’t look as bad as they did on Jan. 20,” one official says. Obama would modify the system to provide more protections for the defendants, but human rights advocates aren’t pleased. “The administration is making a huge mistake,” says the director of one group.

In this courtroom sketch, the five Sept. 11, 2001 attack co-defendants sit during a hearing at the US Military Commissions court for war crimes, at the US Naval Base, in Guantanamo Bay, Jan. 19, 2009.
In this courtroom sketch, the five Sept. 11, 2001 attack co-defendants sit during a hearing at the US Military Commissions court for war crimes, at the US Naval Base, in Guantanamo Bay, Jan. 19, 2009.   (AP Photo/Janet Hamlin, Pool, File)
Canadian defendant Omar Khadr, far left, sits with his defense team during a hearing at the US Military Commissions court for war crimes, at Guantanamo Bay, Jan. 20, 2009.
Canadian defendant Omar Khadr, far left, sits with his defense team during a hearing at the US Military Commissions court for war crimes, at Guantanamo Bay, Jan. 20, 2009.   (AP Photo/Janet Hamlin, Pool)
In courtroom sketch, Khalid Sheik Mohammad, top, and Walid bin Attash attend a hearing at the US Military Commissions court for war crimes, Jan. 21, 2009.
In courtroom sketch, Khalid Sheik Mohammad, top, and Walid bin Attash attend a hearing at the US Military Commissions court for war crimes, Jan. 21, 2009.   (AP Photo/Janet Hamlin, Pool)
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The administration is making a huge mistake if they believe getting convictions through suspect methods is more valuable than letting justice take its course. - Gabor Rona, international legal director of Human Rights First

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COMMENTS
Showing 3 of 5 comments
justme
May 3, 2009 11:44 AM CDT
Notice the comments above. Even though there is a lot of smirking and "I told you so". There is no vicious name calling like there was when Bush was making the same decisions. Wonder where the vitriol went?
Doctor-Zaius
May 2, 2009 5:29 AM CDT
This is no shock and I can give many examples from both sides of the aisle.
northeast
May 2, 2009 4:46 AM CDT
The Right isn't attacking him for this decision, though...it's the same one McCain advocated. They simply note that their position was evidently the correct one, as even its staunchest critic has been forced to come to terms with pragmatism.

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