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Obama U-turn over military terror trials
Summary, follow-up and dismay from a Brit newspaper.
President Obama has been accused of a major policy U-turn after he decided to restore the controversial military commissions set up by George Bush to prosecute terror suspects. The surprise White House announcement reversed his campaign pledge to rely on the conventional court system.

The move was last night criticised by human rights groups, who believed Mr Obama intended to dismantle the terror tribunals after calling them 'an enormous failure' during last year's presidential campaign.

In one of his first acts as president, Mr Obama obtained a 120-day suspension of the military commissions established at Guantanamo Bay in Cuba. Last night, he was expected to ask for an additional 120-day delay in nine pending cases to revamp the trials.

Mr Obama is asking Congress to expand the rights of defendants to ban evidence gained from torture or cruel treatment, limit the use of hearsay and give detainees more rights to pick their own lawyers. He also wants some defendants to face trial in civil courts.

But aides said the president now plans to retain the Bush administration's military commissions to try a smaller number of around 20 terror suspects.

The White House insisted that Mr Obama had not gone back on his word. Aides maintained the president 'never promised to abolish' military tribunals. He 'has always envisioned a role for commissions, properly constituted,' added an official.
Every statement from Barack Obama, without exception, has an expiration date.
But critics said Mr Obama repeatedly called for change. 'Everyone knows the military commissions have been a dismal failure,' said Gabor Rona, the international legal director of Human Rights First. 'The results of the cases will be suspect around the world. It is a tragic mistake to continue them,' he added.

Jonathan Hafetz, a lawyer for the American Civil Liberties Union, said: 'It's disappointing that Obama is seeking to revive rather than end this failed experiment.'

Even with the additional rights being proposed, defendants would not get the same protection at a military hearing as they would under the civilian system. Hearsay evidence, for example, is banned in American courts.
Since they're not civilian criminals ...
Under the Bush administration tribunals, hearsay testimony was allowed unless a defendant could prove it unreliable. Mr Obama plans to shift the burden onto the prosecution.

The Bush tribunals won three convictions in eight years, with charges pending against 21 suspects. Trial plans for more than 200 other Guantanamo detainees are still undecided. Some 241 inmates remain in Guantanamo.

The president's decision came as he faces increasing pressure to come up with a plan for dealing with detainees at Guantanamo Bay, which he has promised to close by next January. Mr Obama was already under fire for his decision to bow to the advice of his military chiefs and block the release of photos detailing the U.S. abuse of prisoners.
Easier to make a promise than to do the hard work of honoring it ...

Posted by: Steve White 2009-05-16
http://www.rantburg.com/poparticle.php?ID=269853