Friday, September 08, 2006

New York Times Editorial - A sudden sense of urgency

New York Times Editorial - A sudden sense of urgency
Copyright by The New York Times
Published: September 7, 2006


Two months before a congressional election in which voters are expressing serious doubts about the Republicans' handling of national security, President George W. Bush finally has some real terrorists in Guantánamo Bay.

Bush admitted Wednesday that the CIA has been secretly holding prisoners and said he was transferring 14 to Guantánamo Bay, including some believed to have been behind the Sept. 11 attacks. He said he was informing the Red Cross about the prisoners, placing them under the Geneva Conventions, and asking that Congress - right now - create military tribunals to try them.

Those are just the right steps. If Guantánamo Bay has any purpose, it is for men like Khalid Sheikh Mohammed and Ramzi Binalshibh, considered key players in Sept. 11. They should go on trial. If convicted, they should be locked up for life.

But Bush's urgency was phony, driven by the Supreme Court's ruling, not principle. This should all have happened long ago.

If the White House had not wanted to place terror suspects beyond the reach of the law, all 14 of these men could have been tried by now, and America's reputation would have been spared some grievous damage. And there would be no need for Congress to rush through legislation if the White House had not stymied all of its attempts to do just that before.

The United States needs laws governing Guantánamo Bay, not just for the 14 new prisoners, but also for many others who have been there for years without due process, and who may have done no wrong.

Bush could have prevented this sort of miscarriage of justice if he had not insisted on creating his own system of military tribunals, which the Supreme Court ruled illegal. Even now, the legislation he is proposing to handle Guantánamo prisoners would undermine key principles of justice. It would permit the use of evidence obtained through coercion, along with hearsay evidence, and evidence that is kept secret from the accused. The military's top lawyers have all publicly opposed these provisions.

Bush also wants to rewrite U.S. law to create a glaring exception to the Geneva Conventions, to give ex post facto approval to abusive interrogation methods, and to bar legal challenges to the new system.

Some of the most influential Republican voices on military affairs, Senators John Warner, John McCain and Lindsey Graham, are sponsoring a more sensible bill that would bar the use of coerced testimony and secret evidence. Members of this Congress have a nasty habit of caving in to the White House on national security, and there's a looming election, but it is vital that they stick to their principles this time.

0 Comments:

Post a Comment

<< Home