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<font size=3><b>Pentagon Sets Rules for Detainee Trials<br>
</b>By ANNE FLAHERTY 01.18.07, 6:55 PM ET <br><br>
<a href="http://www.forbes.com/feeds/ap/2007/01/18/ap3341945.html" eudora="autourl">
http://www.forbes.com/feeds/ap/2007/01/18/ap3341945.html<br><br>
</a>The Pentagon set rules Thursday for detainee trials that could allow
terror suspects to be convicted and perhaps executed using hearsay
testimony and coerced statements, setting up a new clash between
President Bush and Congress.<br><br>
The rules are fair, said the Pentagon, which released them in a manual
for the expected trials. Democrats controlling Congress said they would
hold hearings and revive legislation on the plan, and human rights
organizations complained that the regulations would allow evidence that
would not be tolerated in civilian or military courtrooms.<br><br>
According to the 238-page manual, a detainee's lawyer could not reveal
classified evidence in the person's defense until the government had a
chance to review it. Suspects would be allowed to view summaries of
classified evidence, not the material itself.<br><br>
The new regulations lack some protections used in civilian and military
courtrooms, such as against coerced or hearsay evidence. They are
intended to track a law passed last fall by Congress restoring Bush's
plans to have special military commissions try terror-war prisoners.
Those commissions had been struck down earlier in the year by the Supreme
Court.<br><br>
At a Pentagon briefing, Dan Dell'Orto, deputy to the Defense Department's
top counsel, said the new rules will "afford all the judicial
guarantees which are recognized as indispensable by civilized
people."<br><br>
In an interview, Brig. Gen. Thomas Hemingway, legal adviser to the
Pentagon's office on commissions, said he doubted that most cases would
rely solely on coercive or hearsay evidence.<br><br>
"These case are pretty complex and it's not going to sink or swim, I
don't believe, on a single statement," he said.<br><br>
Rep. Ike Skelton, D-Mo., chairman of the House Armed Services Committee,
said he planned to scrutinize the manual to ensure that it does not
"run afoul" of the Constitution.<br><br>
"No civilized nation permits convictions to rest on coerced
evidence, and reliance on such evidence has never been acceptable in
military or civilian courts in this country," said Elisa Massimino,
Washington director of Human Rights First.<br><br>
Officials think that with the evidence they have now, they could
eventually charge 60 to 80 detainees, said Hemingway said. The Defense
Department is currently planning trials for at least 10.<br><br>
There are almost 400 people suspected of ties to al-Qaida and the Taliban
being held at the military's prison in Guantanamo Bay, Cuba. About 380
others have been released since the facility was opened five years
ago.<br><br>
Last September, Congress - then led by Republicans - sent Bush a new law
granting wide latitude in interrogating and detaining captured enemy
combatants. The legislation prohibited some abuses of detainees,
including mutilation and rape, but granted the president leeway to decide
which interrogation techniques were permissible.<br><br>
In outlining the maximum punishment for various acts, the new manual
includes the death penalty for people convicted of spying or taking part
in a "conspiracy or joint enterprise" that kills someone. The
maximum penalty for aiding the enemy - such as providing ammunition or
money - is lifetime imprisonment.<br><br>
As required by law, the manual prohibits the use of statements obtained
through torture and "cruel, inhuman or degrading treatment" as
prohibited by the Constitution. But it allows some evidence obtained
through coercive interrogation techniques if obtained before Dec. 30,
2005, and deemed reliable by a judge.<br><br>
The Detainee Treatment Act, separate legislation championed in 2005 by
Sen. John McCain, R-Ariz., prohibited the use of cruel, inhuman or
degrading treatment of military and CIA prisoners.<br><br>
Congress and the White House agreed last year that hearsay - a witness
quoting someone else - can be allowed as evidence if a judge rules the
testimony is reliable. According to the manual, this is necessary because
witnesses - such as military personnel or foreigners - may not be
available to testify.<br><br>
The Pentagon's Dell'Orto said that since both sides of the case can admit
hearsay evidence, that "levels the playing field."<br><br>
Under the rules, the accused will be allowed to know about all evidence
that is provided in the trial, Dell'Orto said. They will not be allowed
to see classified material, but will be given an unclassified summary or
substitute, with the judge first determining whether the summary
sufficiently represents the classified material.<br><br>
"When you're in the middle of a war against this enemy, you need to
be particularly concerned about the disclosure of that evidence,"
Dell'Orto said of classified materials.<br><br>
Sen. Christopher Dodd, D-Conn., said he believes the Pentagon's top
lawyers assigned to defend detainees were excluded from the preparation
and review of the manual. Last fall, critics of Bush's plan for military
commissions charged that the administration ignored the advice of
uniformed legal experts.<br><br>
Dodd, a presidential candidate, said he will introduce a bill addressing
flaws in the manual "that are impediments to the effective and
credible prosecution of suspected terrorists."<br><br>
The document was hailed by Rep. Duncan Hunter of California, top
Republican on the House Armed Services, who said, "Khalid Shaikh
Mohammed, the alleged mastermind behind the 9/11 attacks, and his cohorts
are a step closer to trial."<br><br>
Associated Press Writers Pauline Jelinek and Lolita C. Baldor contributed
to this report.<br><br>
<i>Copyright 2006 Associated Press. All rights reserved. This material
may not be published broadcast, rewritten, or redistributed</i> <br><br>
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