November 08, 2004

Today's Hero: Judge James Robertson

Federal District Judge James Robertson ruled today that the Guantanamo military tribunals are illegal as constituted. News coverage.

Update: NYT story.


Posted by Michael : November 8, 2004 05:40 PM | Guantanamo | TechnoLinks
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Comments

Its about time. Bold ruling.

But the thing that scared me the most was that I hadn't realized that when challenges to the impartiality of members of the court martial were upheld, they weren't replaced, so now military counsel's asking for the disqualified members to return...?

UCMJ Subchapter V, Section 822.29 says (b) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new member sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.

But evidently its ok for a military commission to operate with only three? Scary.

Posted by: Christopher Chopin at November 8, 2004 05:52 PM

Excellent Time for Some Civil Disobedience

See http://www.turnyourbackonbush.org


Posted by: Chuck at November 8, 2004 10:01 PM

Fox news reported this as "liberal judge makes it more difficult to fight terrorists".

I know, par for the course.

Posted by: Observer at November 10, 2004 12:26 PM


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