Litigation

White House Releases Statement on Military Commissions

By Jason Barrett

The White House released a statement today regarding the use of military commissions to try suspected terrorists.

President Obama is seeking continuences in several military commission proceedings in order to buy time to explore the matter further.  The statement outlines five changes that will be implemented in military commission proceedings:

The rule changes will ensure that: First, statements that have been obtained from detainees using cruel, inhuman and degrading interrogation methods will no longer be admitted as evidence at trial. Second, the use of hearsay will be limited, so that the burden will no longer be on the party who objects to hearsay to disprove its reliability. Third, the accused will have greater latitude in selecting their counsel. Fourth, basic protections will be provided for those who refuse to testify. And fifth, military commission judges may establish the jurisdiction of their own courts.

The statement comes amid speculation that the Obama administration will look to continue using military commissions in Guantanamo and Bagram detainee cases.  This marks a decided difference from his campaign pledges, in which he proposed moving such cases to traditional civilian courts.

To see previous Gavel Grab postings on detainees, click here.

Full post as published by The Gavel on May 15, 2009 (boomark / email).