BernieHund: The Political Watchdog

With six Guantanamo detainees, including Khalid Sheikh Mohammed the alleged mastermind of the 9-11 plot, facing a military commission (whatever that is), charged with some 169 indictments, and the death penalty as the end result, Michael Mukasey in an interview with Jim Lehrer further muddied the water.

Under pressing questions by Lehrer, Mukasey did a duck and dodge to explain his way out of making a statement as to whether waterboarding is torture or not.  Of course, we are going to have to believe that with the Department of Defense along with the Justice Department under the direction of AG Michael Mukasey, prosecuting the case against the six, it is no wonder that the Attorney General wouldn’t answer the question of waterboarding as a means of torture.

Judge Susan Crawford will have to make an up or down decision on waterboarding if the prosecution tries to admit evidence achieved through the procedure.

Of course, capital punishment is frowned upon around most of the free world.  It could inhibit future cooperation from our allies and undermine any future efforts in the war on terror from those who have been willing to assist in the past.  Furthermore, it could create martyrdom for the six if convicted.

Well, of course, Mukasey isn’t going to say waterboarding is torture when his department is going to attempt to present evidence against Defendant Khalid Sheikh Mohammed that was gained after the defendant was waterboarded… such as his confession that he was the mastermind.  The rule of law will be determined by Judge Crawford, who will first decide if the six will be tried together or separately.  The government is asking for a trial of the six together.

Mukasey said that the “military commission” would be as transparent as possible.  However, hearsay evidence can be admitted during the military commission trial where is it prohibited in the courts of the land.  The key to the rules of evidence is based on reliability.  Those who make up the military commission, beyond Judge Crawford, are not legally trained.

The men charged have been in CIA custody for most of their six years in captivity.  Nothing prevented the government from bringing these men to trial earlier, except that the federal priority was to extract as much information as possible.

There are many unanswered questions about this military commission and the procedures that are before us as a nation.  As much as anyone else in this country, I would like to see justice, but not at the expense of our national values.  Time will tell.