Obama endorses military commissions for Guantánamo detainees

Obama endorses military commissions for Guantánamo detainees

Obama signed the Military Commissions Act of 2009 Wednesday. Critics say it is an improvement over past efforts but still offers only second-class justice to Guantánamo detainees.

By Warren Richey | Staff writer of The Christian Science Monitor – Posted at csm.com

from the October 28, 2009 edition
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In signing the National Defense Authorization Act on Wednesday, President Obama has personally endorsed yet another attempt by the US government to conduct military-commission trials of terror suspects currently held at the Guantánamo detention camp.

Similar efforts have stalled with legal challenges and Supreme Court decisions. But supporters say that the Military Commissions Act of 2009 balances the demands of fairness and due process against a real-world need for flexibility when seeking to prosecute accused Al Qaeda leaders and supporters.

Critics say that the 2009 act is an improvement over prior versions of military-commission regimes passed during the Bush administration. But they say it is still substandard, offering a second-class system of justice designed to obtain quick convictions.

“While the new law addresses some of the defects of the military commissions, it fails to bring the tribunals in line with the Constitution and the Geneva Conventions,” said Jameel Jaffer, director of the American Civil Liberties Union’s National Security Project.

“The Obama administration has committed to closing the prison at Guantánamo, but closing the prison will have little meaning if the administration leaves in place the policies that the prison has come to represent,” he said.

With the signing of the legislation at the White House, defense officials now have 90 days to update rules and procedures for the commissions. At least a dozen suspected Al Qaeda members and leaders – including self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed – are already slated for commission trials. The Obama administration is expected to soon announce which other detainees will also face military justice through the revised commission system.—————–
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.