Court: Gitmo Judges Must Get All Evidence

Appeals Court Rejects Administration's Plan To Limit What Judges Can See In "Enemy Combatant" Cases

(CBS/AP)  When Guantanamo Bay detainees challenge their status as "enemy combatants," judges must review all the evidence, not just what the military chooses, a federal appeals court ruled Friday.

The U.S. Court of Appeals for the District of Columbia Circuit rejected the Bush administration's plan to limit what judges can review when considering whether the military tribunal acted appropriately.

When detainees are brought before military tribunals, they are not allowed to have lawyers with them and the Pentagon decides what evidence to put forward. If the tribunal determines a prisoner is an enemy combatant, he can challenge that designation in a federal appeals court.

But government attorneys argued that the federal judges only had the authority to review a summary of the evidence put forward during the tribunal hearing. The appeals court ruled Friday that they needed all the evidence.

Without all the information, the court said, deciding whether the tribunal acted appropriately would be like trying to figure out the value of a fraction without knowing both the numerator and the denominator.

"Counsel simply cannot argue, nor can the court determine, whether a preponderance of the evidence supports the tribunal's status determination without seeing all the evidence. Therefore, we presume counsel for a detainee has a 'need to know' all government information concerning his client," not just the portions the government unilaterally decides to present to the tribunal, the justices wrote.

"This is just another legal headache for the Administration, which had hoped the federal courts would be more receptive to these new rules designed to finally process the detainees out of Gitmo," said CBS News legal analyst Andrew Cohen. "And the precise problem the appeals court has identified — a fair evidentiary review — is one the Supreme Court has been sensitive about when it has looked at these Gitmo cases before.

"There is no arguing the rationale of the appeals court — if you are going to have an appeals court review evidence, it has to be able to review all of the evidence and not just some summary offered by one side," Cohen said. "What the feds do argue, though, is that this sort of thorough review would impair national security and perhaps give the detainees more rights than they deserve. So far, that argument is a loser."

The decision is significant because, if the Supreme Court upholds the administration's tribunal system, federal courts will have a broader review of the process than previously proposed.

The case is Bismullah v. Gates.

[name_verify]

Ultra-liberals tortured in cages at GITMO!

Now, ultra-liberals, REACT on a website and display your impotence to the world.

[imprisonbush]

But we need to not only vote them out of office. These Repugnant Party members (and one brain dead INdependent) need to be impeached and prosecuted for their treasonous war crimes. All of them. Now. Pelosi, if you won't do this, then you deserve to be thrown out of office by Cindy Sheehen or anyone else who will do this. And Obama, sad to say, is not intelligent enough to understand the swamp he is swimming in and lost my vote forever because he has argued that impeachment is not warranted. Never has it been MORE warranted. We MUST start it NOW before the Chimp and President Cheney decide to invade Iran or anything else on their neo-nut agenda. They are delusional and incompetent war criminals. Nothing more. Nothing less. After we convict them, they need to be hung till dead for their crimes.

[undermyboot]

Not a single one of you who support Bush in this is ANY kind of American. You are sad F*cks who deserve to live in Red China, Russia, or any other police state. You really DON'T GET IT. THE FOUNDATION of this country is law. Not your moronic compulsion to kill anyone you see fit. If you want to live in THAT kind of world you COWARDLY F*CKS I have an array of weapons suitable to execute your azzes right back to NAZI Germany where you belong. Crawl back under your rock before I RIP you a few new ones and grind your un-AMERICAN azzes under my boot MOFO's.

Just a bunch of COWARDS who hide under their mommy's skirts. Could not see a principle if it blew their brains out. Here's wishing.... ROFLMAO

[randalds]

"Counsel simply cannot argue, nor can the court determine, whether a preponderance of the evidence supports the tribunal's status determination without seeing all the evidence. Therefore, we presume counsel for a detainee has a 'need to know' all government information concerning his client," not just the portions the government unilaterally decides to present to the tribunal, the justices wrote.


AMEN! The Bush liars can't just arrest someone and take them to court (which taking them to court is something they don't want for anybody) and expect a conviction just because THEY say they have evidence that they can't let the opposing attorney see and have an opportunity to challenge! If we allowed that then Bush would be able to order the arrest and conviction of any American based solely on HIS word and HIS word alone! Who the Fu*ck does he think he is? Hitler? Oh wait, that's EXACTLY who he's modeling his "administration" on!

Heil Bush! Eat sh*it Bush!

[toolmangler-2009]

Do the world a favor, pull your lip over your head and swallow.
Posted by speakinup at 04:10 PM : Jul 20, 2007


Walters best line in years. (grin)

[speakinup]

My, My grazingswine - you got the first lie in. Aren't you the lucky democrap. I'm surprised your mother hasn't figured out you are skipping the fourth grade, for the tenth time.

Do the world a favor, pull your lip over your head and swallow.

[gunnerv1]

Ya know, I could care less what we do to these R*g He*ds. They were cought on the field of battle with weapon in hand and not in any known military uniform. They are lucky we didn't shoot them out of hand. If they dissappear from the face of the earth, one less trying to kill us.

[pepperp1]

Torture or other acts of violence serious enough to be considered comparable to murder, torture, mutilation and cruel or inhuman treatment.

This why he decided to put the law back the public will shortly ifnd out what he has done in their name.

[grazinggoat]

Is Walking-Liar's Admin afraid to reveal the wrongdoings that go with the collection of wrong information provided most of the time under torture pressure?