Kangaroo Court How-to

[mik 0]

In a recent US Supreme Court decision (referred to as "Hamdan vs. Rumsfeld"), the Court found that the so called "Military Commission" process which was new, and intended as a means to try and convict a handful of detainees held at the Guantanamo, was a crap process and unconstitutional. The Military Commission process was designed and codified by that great institution, the Department of Defense or DoD.

Now that the Supreme Court has made its ruling, it has occured to me that all the hard work that the DoD put into designing this Military Commission process need not go to waste. Accordingly, I present to you my Military Commission How-to, but in the interests of not getting sued for breach of copyright, I have given it a different name.

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KANGAROO COURT HOW-TO :: a Simple Ten-Point Plan
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(Published in the general spirit of free expression best exemplified by the famous internet version of the "ANARCHIST COOKBOOK".)

1. Make sure the defense never get exculpatory evidence.

Wikipedia defines "exculpatory evidence" as: "... the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt."

2. Allow the Prosecution to obtain a conviction through the use of rank hearsay, including unsworn written statements and law enforcement agents summaries of interviews. Prevent the Defense from being able to cross-examine any actual witnesses, just say all the Prosecution witnesses need to preserve their anonymity.

3. Allow in to evidence all the statements you like that were obtained by coercion or torture, period. The more the merrier.

4. Make sure that both the Presiding Officers, who perform the judicial function, and the panel members, who serve as jurors, are selected by the "Appointing Authority" the same official who approves the charges against the defendant.

5. Have the "Appointing Authority" the same guy mentioned above also perform a judicial role. Then any appeals can be resolved by him! You can see where we are going with this. Mr. "Appointing Authority" now has the power to name the Charges against the defendant, appoint the Prosecution, select the Jury and decide any Appeals that arise challenging fairness, procedure or the final verdict. If it is not clear that he *does* have these powers *exactly*, make up a new rule (see No. 10 below) that says he does and you are good to go.

6. Allow the "Review Panel", which is supposed to serve as the appellate body and should normally be impartial, become involved with the Prosecution case at an early stage. (Mr. "Appointing Authority's" resposibility to see that this happens.)

7. Preclude the Defense from calling some witnesses. Preclude the Defense from calling *all* witnesses, if you like.

8. Make sure that any documents furnished to the Defense by the Prosecution in response to the discovery process are first stamped For Official Use Only. This will prevent the Defense ever sharing these documents with the defendant. Also issue protective orders to prevent the Defense discussing the identities of all prosecution witnesses with the defendant. These are very useful road blocks to throw up because it prevents the Defense from putting together a case that in any way is going to be effective.

9. Exclude the defendant from his own trial at various crucial points, whenever you like. Say that he has to leave because what the court is about to discuss is "classified". Oh, and don't allow him the time to review evidence with his attorny either, the aim is to keep them separate as much as possible.

10. Change the rules every day to confuse the Defense. Then, enjoy the spectacle as you watch them struggle to cope with your latest new rule!
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I am proud to think that my little contribution would not look out of place next to some of the other contributions to be found on the "Anarchist Cookbook", should they wish to publish it.

One thing should be clear, I am not in this to make money; if the truth be known I cribbed my whole "How-to" from the opening satatement delivered in front of the Senate Judiciary Committee by Lt Cmdr Charles D. Swift, Mr. Hamdan's defence counsel, in a hearing held on July 11th, 2006. You can read his statement here to see if I got it right. (I did.)

Basically, Cmdr Swift was complaining bitterly about the unjustness and unfairness of the Military Commission process, to which he had become part, in his role as defence counsel to one of the accused, the Guantanamo detainee Mr. Hamdan. (He beat the Supreme Court! Wow!)

No, my purpose in making my "How-to" is to point out the shortcomings of the US Department of Defence, the shortcomings of the man in charge of that department, Mr. Rumsfeld, and the shortcomings of that department's General Counsel, Mr. Haynes, who being a lawyer, forgot all that he had learned about the law standing for truth and fairness. Who preferred to prostitute all his lawyerly skills and expertise in constructing the MILITARY COMMISSION KANGAROO COURT. All in the name of expediency, and to satisfy the demanding "Rules of The Mighty Global War On Terror (GWOT)".

Bush's GWOT is a failure.
George dreams up "The GWOT", but the "Rules of The GWOT" say it only works if you can point to hundreds of terrorists locked up and all trying to get out, in one giant prison camp. The "Rules of the GWOT" *demand* that Bush can stand up on national TV in front of a crowd of props from the military and claim victory in the "WOT". Victory only works when you have proven terrorists all locked up and trying to get out of a giant sized etc.... OK, it's a circular argument which makes it all the more compelling and powerful, right? Those in the DoD obviously thought so. The whole raison d'etre of the Military Commissions was to help prove that point. Which point? The "circular argument" point or the ""The GWOT" is all powerful and mighty and far reaching and global, and you should stand before it and worship it" point? Both I guess.

Ethics flew out the window on that day in DoD when it was decided to gain convictions by means of a court process that was rigged. "The GWOT" has that effect on people.