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WASHINGTON - The Pentagon is planning to charge six detainees at Guantanamo Bay for the Sept. 11 terrorist attacks on America and to seek the death penalty.
Defense Department spokesman Bryan Whitman said an announcement of the charges could come Monday. A second official said that military leaders also will seek the death penalty for the attacks that killed nearly 3,000 Americans.
Originally posted by DimensionalDetective
I wonder who will charge THEM with the illegal invasion of Iraq and the untold amount of death and suffereing they've caused? Must be awesome to be court and executioner with free reign to commit all the very crimes you're holding others for with zero accountability.
Asked what impact that will have on the case, Hartmann said it will be up to the military judge to determine what evidence is allowed.
The Defense Department announced today that charges have been sworn against six detainees at Guantanamo ~ The charges allege a long term, highly sophisticated, organized plan by al Qaeda to attack the United States.
Now that sworn charges have been received, the convening authority will review the charges and supporting evidence to determine whether probable cause exists to refer the case for trial by military commission. If the convening authority, Susan Crawford, in her sole discretion, decides to refer the cases as capital, the defendants will face the possibility of being sentenced to death.
In the military commissions process, every defendant has the following rights: The right to remain silent and to have no adverse inference drawn from it; the right to be represented by detailed military counsel, as well as civilian counsel of his own selection and at no expense to the government; the right to examine all evidence used against him by the prosecution; the right to obtain evidence and to call witnesses on his own behalf including expert witnesses; the right to cross-examine every witness called by the prosecution; the right to be present during the presentation of evidence; the right to have a military commission panel of at least five military members determine his guilt by a 2/3 majority, or in the case of a capital offense, a unanimous decision of a military commission composed of at least 12 members; and the right to an appeal to the Court of Military Commission Review, then through the District of Columbia Circuit Court of Appeals to the United States Supreme Court.
These rights are guaranteed to the defendant under the Military Commissions Act, and are specifically designed to ensure that every defendant receives a fair trial, consistent with American and international standards of justice and the rule of law.
The sworn charges are only allegations that each accused has committed a war crime under the Military Commissions Act. The accused are presumed innocent of any criminal charges unless proven guilty beyond a reasonable doubt at a military commission.
Originally posted by makeitso
Would they have these rights in Iran, Saudi Arabia, Yemen, etc?
Originally posted by makeitso
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Would they have these rights in Iran, Saudi Arabia, Yemen, etc?
They would already be dead if those gov's though they acted against their intrests. They are lucky to be in U.S. custody instead of undergoing real torture, then being beheaded years ago. No appeal to any supreme court.