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Remember the 6th: Military tribunals ignore Constitution

BY THE MICHIGAN DAILY

Published November 30, 2001

The United States has a duty to provide all those accused of crimes with fair trials. The Bush administration"s announcement that it will ignore our established judicial system and prosecute suspected terrorists in specially created military tribunals is a rash and harmful decision.

It is likely that many of the suspected ringleaders of the Sept. 11 attacks will soon be captured. World opinion is still strongly in support of the United States and now the next step is to try and convict the terrorists in a manner acceptable to the world.

Military tribunals have the power to deal out death sentences. This extreme punishment only requires a two-thirds majority of judges to find the accused guilty. There is no jury of one"s peers instead the government appoints its own military officers. If the convicted feels that the trail proceeded unfairly, instead of appealing to a higher court, he can only appeal to our trigger-happy President George W. Bush.

Even if extreme injustice occurs at these trials, the public will never know. Military tribunals can be held in secret places without ever acknowledging their outcomes. Evidence gathered illegally under our constitution would declare illegal means is allowed in military tribunals.

The two main arguments for military tribunals are weak at best. The first is that they will protect juries from retribution for a guilty verdict. The government should be concerned about the welfare of jurors but past cases, such as the 1993 World Trade Center bombing case, have shown no harm in employing juries to dole out harsh punishments.

Another supposed reason for secret tribunals is to avoid a media frenzy that would provide a world stage for the accused. However, the backlash of closed proceedings is just as worrisome. The world needs to see a fair trial carried out, not a kangaroo court dishing out only guilty verdicts. Already these military tribunals are interfering with the rightful prosecution of suspected terrorists. Spain has refused to hand over suspected terrorists to the United States unless the nation promises to give them real trials.

The big question is: What is the Bush Administration really afraid of? They supposedly have a wealth of evidence linking every terrorist to evil. They have managed to convince an international coalition to attack a country. Surely this amount of evidence is sufficient to convict a few terrorists.

There is no reason why our own courts cannot handle terrorist cases. Not only are they strong enough to endure any threats made against them, they provide an appeals process that all people deserve. To say that suspected members of a terrorist group do not deserve the right to a free trial implies said group"s guilt.

The move to military tribunals is a means to guarantee that some people will be put in jail and executed. While this may appeal to those people who demand immediate vengeance, it is more likely that jailing people on secret charges will only inflame the situation.

The U.S. court system is one of the most respected in the world. This respect is vital to ensure that no one can accuse the United States of circumventing due process. A hastily convened secret military tribunal does nothing to allay fears that the United States will trample any constitutional guarantee in its pursuit of its brand of justice.


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