Federal District Judge James Robertson ruled today that the Guantanamo military tribunals are illegal as constituted. News coverage.
Update: NYT story.
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by Michael Froomkin
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
University of Miami School of Law
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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.
Excellent Time for Some Civil Disobedience
See http://www.turnyourbackonbush.org
Fox news reported this as “liberal judge makes it more difficult to fight terrorists”.
I know, par for the course.