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When Crafting New Military Law, Military Lawyers Need Not Apply

Pathetic. And stupid.

Despite assuring Congress that career military lawyers are helping design new trials for accused terrorists, the Bush administration has limited their input on their key request, that any tribunals must give detainees the right to see the evidence against them, officials said.


After the Supreme Court struck down the White House's military tribunals system in June, government lawyers began drafting legislation that would set new rules for trials of terrorist suspects. A central issue is whether prosecutors will be allowed to introduce secret evidence, which detainees would not be able to defend against.

Most military lawyers strongly oppose allowing secret evidence, arguing that such a plan would probably violate the Geneva Conventions and create a precedent for enemies of the United States to use show-trials for captured Americans. But administration lawyers maintain that classified evidence may be crucial to a case, and revealing it would compromise national security.

Members of Congress have pressured the White House to listen to the military lawyers as it drafts the legislation, and on Aug. 2, Attorney General Alberto Gonzales told lawmakers that ``our deliberations have included detailed discussion" with military attorneys whose ``multiple rounds of comments . . . will be reflected in the legislative package."

But the issue of secret evidence, officials said, has been off the table for all of those discussions with the exception of one meeting between Gonzales and the top military lawyers in late July. The session ended in an impasse, and the issue has not been raised again, they said.

Instead, new guidelines are being drafted by Bush-appointed attorneys in the Justice Department's Office of Legal Counsel. They met just once with a working group of military lawyers on July 28, following up with e-mail exchanges that stopped after the first week of August, according to officials.

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