FROM THE MOUTH OF HELL

FROM THE MOUTH OF HELL
A Voice Speaks for American Principles Where Principles Are Secondary at Best.  When men and women who wear the uniform of the United States of America speak out in a legal forum against the illegality of a President’s actions in Guantanamo, the President has a problem.  The law is against him. 

"Entire cases against terrorists may be built based on intelligence information obtained from foreign intelligence services that would be inadmissible in a U.S. courtroom. So you can see there are enormous practical obstacles to trying foreign terrorists if you have to abide by the normal rules that apply to U.S. citizens."

Lt. Col. Sharon Shaffer, a former Air Force judge, says those rules guarantee a fair trial. She has also filed suit against the president and the commissions. "Rules and procedures apply, rights apply, and those standards can’t be ignored," says Shaffer.

Shaffer represents Ibrahim al Gosi, a Sudanese accountant also accused of being an al Qaeda member plotting to attack civilians. The government says al Gosi helped handle al Qaeda’s finances, fought in Chechnya and was a driver, bodyguard and cook for bin Laden in Afghanistan and Pakistan. Shaffer will not discuss the specifics of al Gosi’s case but denies the charges against him.

"My client does not believe that he will get a fair trial," says Shaffer, who gave up an offer to become deputy chief judge of the Air Force to work on the defense team. She says she’s been called a traitor for her efforts.

"Different people have been mandated to defend freedom in different ways, whether you’re out in the field carrying a weapon or whether you’re guarding Camp Delta down at Guantanamo Bay, Cuba," says Shaffer. "I am defending America and its principles and its notions of liberty and justice."
........................................

 FROM: CBS NEWS/SIXTY MINUTES 

Lawyers, lawyers in the uniform of the United States of America, have long been troubled by the legal arguments put forth by the government for detaining prisoners at Guantanamo, not to mention the treatment there.  Most of the concern is based on the dubious nature of the evidence which falls far short of the standards American courts hold to.  In addition, the secrecy the government has held its prisoners is disquieting, when one considers the government has admitted it has made mistakes and some prisoners may not be the enemy combatants the government claims 

After hearings that fail to meet minimum American standards of fairness and justice, even when some prisoners are cleared of charges, they are still held in a legal limbo. The government has claimed its rulings may not be appealed.  When a concept like that is offered by an officer of the court in service to the Bush administration, one officer decided he had heard enough.  He would defy his Commander in Chief.

Navy Lt. Cmdr. Charlie Swift is one of the team of military lawyers appointed by the Pentagon to defend those accused of being the nation’s worst enemies.

Does he believe that the prisoners in Guantanamo are getting a fair shake? "Under the rules, as they’re written right now, no way," says Swift. "The rules are written from the -- to make every possible accommodation for the prosecutor, with no thought to, 'Does this jeopardize a right of the accused?'”
--snip--
Even though the military order prohibits any appeal to an outside court, Swift filed a historic lawsuit against President Bush and Defense Secretary Rumsfeld, saying the commissions are illegal.

"You disobeyed your commander-in-chief," says Bradley.

"Yeah, I did," says Swift.  "But I didn't do so lightly. I did it because there was no other choice."

Last November, a federal judge agreed with Swift, ruling the commissions are unlawful because they are “fatally contrary” to established standards of justice. The government is appealing.

Brad Berenson, a former White House lawyer who helped draft the president’s order, says that during wartime, it’s not practical to apply those standards."
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FROM: CBS NEWS/SIXTY MINUTES
MORE AT: TALK LEFT
 

One the one side you have lawyers in uniform asking for uniform standards of justice.  On  the other stands the government with heavy feet telling the court it is not practical to practice United States justice.  Such standards would be an inconvenience.  How sad.  Imagine how inconvenient it is for the wrongly accused who faces a life sentence for the innocent accused who will never again see liberty's light.

UPDATE: RELATIVE ARTICLES OF GENEVA CONVENTION:

From Article Two: Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

From Article Five:The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

      

Comments

[Eli]

I believe it was The Green Berets, which featured the line, "Out here, due process is a bullet."

We haven't really progressed a whole bunch...

[Paul]

Let the legal eagles sort it out. Or we could release all those "innocent" terrorists down at Gitmo .

[jen]

Instead of releasing them, why don't we start treating them with the dignity due all human beings? And then, why don't we follow our Constitution and give them trials? What would be so bad about that?

[CUBA, I REMEMBER YOU/CUBA, TE RECUERDO]

New Engaging Book on Camagüey Cuba Celebrates Life!
CUBA, I REMEMBER YOU/CUBA, TE RECUERDO
By OSCAR M. RAMÍREZ-ORBEA, PH.D.
$19.95
**Cuba, I Remember You is a book about family, love, relationships, and survival in difficult circumstances that all readers will find to be a wonderful reading experience.
Bettie Corbin Tucker
For IP Book Reviewers
Independent Professional Reviewers

See more about the book at:
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CUBA, I REMEMBER YOU/CUBA, TE RECUERDO
By OSCAR M. RAMÍREZ-ORBEA, PH.D.

A collection of 14 short stories, all in Spanish and English, based on the author’s experiences of childhood before and after the Communist revolution. Includes Appendix for educators wishing to use the book in Spanish or English foreign language classes. Lots of nostalgia for those who knew Cuba in the 50’s and 60’s and plenty of humor for readers in general. Includes also many period family photographs that illustrate the stories and bring them vividly to life!

About the Author

Dr. Oscar M. Ramírez-Orbea, was born in Camagüey, Cuba, in 1955. He emigrated with his family to the US in 1966, after completing elementary school in his home country. He longs one day to return to his native city of Camagüey and to all the fond memories it holds for him. CUBA, I REMEMBER YOU/CUBA, TE RECUERDO is Dr. Ramírez’s first narrative work. More

Available now from Airleaf Publishing (www.airleaf.com) or call today to order your copy at 1-800-342–6068.

Product Details
Paperback: 392 pages
Publisher: Airleaf Publishing; 1st edition (January 10, 2006)
Language: English, Spanish
ISBN: 1594539553

[From the same Author of CUBA, I REMEMBER YOU/CUBA, TE RECUERDO comes;]

From the same Author of CUBA, I REMEMBER YOU/CUBA, TE RECUERDO comes;

Cuba, Between History and Legend

A collection of short stories based on Cuban legends and unusual histories, all told in thoroughly original and creative ways. All stories are narrated in English and Spanish on facing pages. Includes also substantial background information on the actual events on which the stories are based, as well as references for follow-up reading, and historical illustrations for all the stories. For brief descriptions of the stories, go to www.cubairememberyou.zoomshare.com On the market by year’s end. Cuba … like you’ve never read it before!

Por el mismo autor:

Cuba, Entre la Historia y la Leyenda

Una colección de cuentos cortos basados en leyendas cubanas y en eventos insólitos de la historia de Cuba, todos narrados en un estilo originalísimo y de gran fantasía. Se narran todos los cuentos en inglés y en español, en páginas opuestas. Incluye considerable información adicional sobre el fondo histórico de cada cuento, al igual que sugerencias para otras lecturas sobre la misma temática, y se incluyen ilustraciones históricas de cada uno de los cuentos. Para leer breves descripciones de cada cuento, favor de dirgirse a www.cubairememberyou.zoomshare.com En venta hacia finales del año. Cuba ¡como nunca te la imaginaste!

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