“It’s not like a regular Article III court, it’s in the executive branch, it’s controlled by the president,” according to the Center for American Progress' Ken Gude. “The judges aren’t independent.” Which is why so many people objected to this process in the first place.Let us be plain and clear.
[ cf GITMO JUDGE REFUSES CONTINUANCE ]
I TOTALLY DISAGREE with Ken Gude.
Until such time as it can be shown that these were NOT 'regular Article III courts', the onus of proof should be that those who were serving on them were doing so in compliance with the best intentions.
I also TOTALLY DISSENT against the assertion the US Military Judges are not independent. I can accept that the idea that Military Courts are simply the boot lickers of the Wet Dream Fantasies of BOTH the Pro-War Wheenies Hiding behind the skirts of HanoiAnnie Coulter, as well as the Freaks on the Left, who have not yet figured out which part of what makes them more leftist than thou.
BUT NO!!!
Without arguments, the Article III courts should have RULED prior to the unlawful transportation across international lines. But that is a matter that will need to be brought up and resolved during the war crimes trials of such persons who engaged in, supported, and offered falacious alledged legal advice, that was clearly detremental to the Needs of the American Armed Forces and function as a Degradation of their HONOR!
Kulturally Americans may want to ask themselves again, why was it that Judgement At Nurenberg was not made about the Big Cases, but about the legal professionals...
Why was this question of the corruption of the Legal Profession the far more interesting legal point.
In like manner, I would offer folks the chance to go back and review again A Man for All Season and ask them what would happen if they chopped down all of the trees in england to get at the devil...
Perchance americans may want to also do some basic boring legal leg work in terms of the Matters of FM 27-10, as well as to become at least modestly versed in some of the core ideas...
AH YES, to be vindictive, I should also list Paths of Glory... since it too will offer the polite quiet folks, another part of where they may have come up with bad reasons for thinking that Military Law is BAD...
But it may also, as a part of this, raise the even BIGGER QUESTIONs, what should we be doing with those who may not have acted in good faith. How should we separate them out from the rest who were acting in good faith.