DAVID WHITESOCK — Every day debate over the Iraq War consumes offices, coffee shops, and all other corners of human occupancy. One issue least debated are the legal dealings of our prisoners of terrorism being held at Guantanamo Bay. Numerous cases have been heard and decided by the United Supreme Court, stating more clearly with each case that the rule of law must take precedence over any national security claims by the government. In Rasul v. Bush (2004), the Supreme Court ruled that those imprisoned at Guantanamo Bay had a constitutional right to access the federal courts, via habeas corpus and otherwise. Additionally, they had a fundamental right to challenge their detention and conditions of confinement (CCR).
Despite the rulings of the Court, the Bush administration has further continued to block access to lawyers and ultimately the courts. With Zacarias Moussaoui — supposed conspirator of the September 11 attacks — the government is restricting access to evidence.
Moussaoui was not allowed to see the classified evidence against him and was shut out from closed-door hearings in which that evidence was laid out. His lawyers could advise him, but they could not discuss everything — only the evidence preapproved by prosecutors or the judge.
Defense lawyers say they were barred from even discussing with Moussaoui evidence that could help prove his innocence. They say Moussaoui faced an unconstitutional choice: plead guilty or go to trial without knowing the evidence. (MSNBC)
The government has stated that they wish to make these court proceedings against the Guantanamo Bay detainees a respected process of military law. Of course, drawing a distinction between what is so-called military law and what we all know as the law laid out by the Constitution. The Bush administration’s position is as simple as their president, the Constitution does not exist in the war on terror. Forget about being frightened by terrorists. This notion that the Constitution can, and has been, suspended in part and in whole by President Bush against all the principles which this country was founded upon.
Moussaoui’s attorneys are applying a simple principle in return to the Bush administration. They suggest that if the government wishes to treat these trials as proper criminal proceedings, then the fundamental right to question the evidence against you should be given to the defendant — Moussaoui. In every criminal case in this country, if you are a defendant, you have access to all the evidence the state has against you. You have this right in order to prepare a defense. You know the adage, “Innocent until proven guilty.” However, this is not the case at Gitmo. There, they are guilty and they must prove their innocence, yet, the government will not allow them a reasonable chance to pursue that innocence.
Regardless of any national security concerns, if the government is so sure of their evidence, then why not allow access to that evidence by the Gitmo detainees? Let them establish a defense. What does it matter? Considering the government has set up special military tribunals with judges hand-picked by Bush’s Justice Department, guilt is certainly assured.
I don’t know if the United States was ever looked upon by the world’s countries as a bastion for the rule of law, what with slavery, treatment of Native Americans and the continued use of the death penalty, but that notion is what we were taught in our early civics classes in government schools. America is a nation of laws, we were told. And today as taxpaying adults, we are still told that it is the law you will follow or you will lose your right to property and liberty. We have sacrificed our freedom for a sense of security. In the process we have proved to the world that we are not a nation of law, but one of dictates.
Cross-posted at http://fuglyville.davidwhitesock.com