Friday, September 15, 2006

Everything You Want To Know About How To Treat Terror Detainees

It's all here, thanks to former federal prosecutor Andrew McCarthy. He notes that, while Sen. McCain and others claim that President Bush wants the detainees to have no rights and no protections...

"...To the contrary, the Bush commission procedures called for:
  • the presumption of innocence; burden of proof on the prosecution;
  • the right to counsel--both to a military lawyer provided at the expense of the American taxpayer and to a private attorney if the combatant chose to retain one;
  • the right to be presented with the charges in advance of trial;
  • access to evidence the prosecution intends to introduce and to any exculpatory evidence known to the prosecution;
  • access to interpreters as necessary to assist in understanding the proceedings;
  • the right to a trial presumptively open to the public (except for portions sealed for national defense or witness security purposes);
  • the free choice to testify or decline to do so, and the right against any negative inference from a refusal to testify;
  • access to reasonably available evidence and witnesses, and to investigative resources as "necessary for a full and fair trial";
  • the right to present evidence and to cross-examine witnesses;
  • elaborate sentencing procedures, and a multi-tiered post-trial review process. "

My suggestion to Sen. McCain: Get the facts.