Gitmo Legal Process Questioned After Hicks Trial

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Posted on Apr 1, 2007

The handling of Guantanamo Bay detainee David Hicks’ war-crimes trial has triggered widespread criticism and speculation about politically motivated maneuverings that could undermine the entire legal operation at the Cuban prison camp. 

L.A. Times:

Australian detainee David Hicks, whom prosecutors cast as a highly trained and dangerous Al Qaeda operative, will be out of prison before the year ends because of a secret deal cut by the Bush administration appointee overseeing the military commissions.

The jury went through the motions: The panel of senior military officers flew in from around the world, deliberated for two hours and sentenced Hicks—who had entered a guilty plea—to what they’d been told was the maximum term of seven years.

But the person overseeing the tribunals, veteran Defense Department lawyer Susan J. Crawford, had bypassed the prosecution and cut a pretrial deal directly with the defense to suspend all but nine months of any sentence rendered in exchange for the guilty plea.

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By Bukko in Australia, April 2, 2007 at 9:33 pm Link to this comment
(Unregistered commenter)

Right you are, Miguel! That’s why I moved down here. Australia isn’t perfect, but a large part of the population is trying to be better. I still call myself American, though. It’s impossible to ignore whenever I open my mouth. Maybe in a few years after I learn to do the accent…

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By Miguel Nieto, April 2, 2007 at 5:25 am Link to this comment
(Unregistered commenter)

David Hicks’ is proof as to how corrupt the US Government has become. Not one Senator, not one Representative, no one from the Justice Department as called this travesty of justice for what it really is.
Where are the real heroes in our American Government? Where are the real leaders who truly believe in Freedom and Justice? Where are those ordinary Americans who should be protesting right now over war and the criminality of the Bush Administration?
Bush has exposed the true nature of the majority of Americans.
Bush as exposed what ‘American Values’ truly are.
I no longer call myself an American. I’m too ashamed of what that really means!
It is sad to see that most Americans just sit there and accept what is going on in America.
Truth be told, Americans are shameless, and most don’t really care how many innocent people die in foreign countries, as long as it does not affect their abilities to shop, pay for cheap gas and interfere with watching their cheap mindless dumb TV shows!
America is a sick nation.

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By AlanDownunder, April 2, 2007 at 2:29 am Link to this comment
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Once home, he could plead unlawful duress. But why risk rendition?

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By Bukko in Australia, April 1, 2007 at 8:50 pm Link to this comment
(Unregistered commenter)

It’s widely accepted down here that Hicks was given his kangaroo court “trial” quickly to defuse his unending captivity as a political issue that was hurting Crime Minister John Howard in this year’s Commonwealth parliament election. As the LAT points out, how bogus is that—claiming this misguided wannabe Muslim was SOOOOO dangerous, then turfing him out as a political ploy? And the one-year gag rule—just long enough to keep him from revealing pre-election details of the torture he suffered while Howard sat on his hands and refused to pressure the U.S. to let him out—is more evidence of the sham this whole thing is. But when did the Bush Crime Family care about whether it was seen as a sham? As long as they keep the 30% of the mouth-breathers on their side, it’s all good for them.

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By James Yell, April 1, 2007 at 3:27 pm Link to this comment
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Holding people without a set sentence, is inhumane and in the case of a large number of the prisoners no charges have been filed, because even after 5 years they have never built many cases that would hold up in court.

Holding people, many caught up in the chaos of the moment for 5 years and not bothering to separate those deserving of incarceration from those unfortunate enough to be in the wrong place at the wrong time, frequently because it was their home country, can not be defended and can not be explained except as a complete affront to the laws of this country and the criminality of the Bush/Cheney White House. Impeach Bush/Cheney.

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By Hank Van den Berg, April 1, 2007 at 2:45 pm Link to this comment
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I just get sicker and sicker with each passing day that the Bush administration remains in oower.  Will there be anything left of the U.S. government’s reputation or competence by the end of 2008?  Will we still have any self-respecting officers left in our military?
It is really unbelievable that the Democrats in the Congress continue to argue that there is no case for impeachment.  Clearly, this torture of our justice system is but one of many solid grounds for immediate impeachment.  And, there are equally many grounds for bringing the Bush administration to war trials.  We cannot wait until 2009!  There may be no decent part of our government left intact.

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By Darby, April 1, 2007 at 2:09 pm Link to this comment
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This revelation merely continues the farce that detainee trials are legal and valid, only this time the farce actually seems to have worked in favour of the accused.

Hicks has spent five years in Gitmo on a basis that is unconscionable, illegal, immoral, unethical and typically Bushleague.

He has done his time.

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