Posted on 05/22/2003 1:46:25 PM PDT by Cagey
WASHINGTON (AP) - Military trials of terrorism suspects should be public to ensure that the world sees the proceedings as fair, said the Air Force officer appointed as chief defense lawyer for the tribunals.
Col. Will Gunn said Thursday that he would push for any such trials to be as open as possible.
"I see that as in the best interest of the nation as a whole," Gunn told reporters at the Pentagon. "We will be judged from the world community on whether or not the process was fair and just."
The military is preparing for possible trials of some of the suspected al-Qaida and Taliban members being held at the U.S. Navy base in Guantanamo Bay, Cuba. The Pentagon on Thursday announced Gunn's appointment and said Army Col. Fred Borch would be the chief prosecutor.
They are among about a dozen people in the Pentagon office preparing for the terrorism tribunals. Both Gunn and Borch said they expected to have more people join their teams when trials are announced.
President Bush would have to order military trials for any of the 680 or so prisoners at Guantanamo - something he has not yet done. The Pentagon has listed 18 war crimes and eight other offenses, including terrorism and the deliberate killing of civilians, that could be handled by military tribunals.
Borch said he is looking at at least 10 possible cases for prosecution before a tribunal.
The cases would be decided by a panel of three to seven military officers who act as both judge and jury. Convictions could be handed down by a majority vote; a decision to sentence a defendant to death would have to be unanimous.
Some civil liberties advocates have criticized the process, attacking provisions such as the ability to close hearings when secret evidence is given. Gunn and Borch both said they believed defendants in the tribunals would be able to get an effective defense.
"We don't have a group of people who will roll over and go with whatever the prosecution presents," said Gunn, a Harvard-trained lawyer who worked as a military aide in the White House of President George H.W. Bush.
Gunn said he would work to insulate his office from any possible political pressure from superiors at the Pentagon who may want to make sure all the terrorism suspects are convicted. Gunn said he did not seek out the job of chief defense lawyer, saying it was Borch's role that would be seen as "America's hero."
Gunn added he believes making sure the military trials are fair also is an important way to serve the nation.
"We have a job to do," Gunn said. "We believe in this nation and we believe in the values this nation espouses."
Gunn also will oversee civilian lawyers available to those defendants who choose one. Rules for the tribunals say those civilian lawyers must be U.S. citizens and hold a secret or higher security clearance.
Only two civilian lawyers have contacted Gunn's office to ask about becoming part of a pool of civilian defenders, Gunn said. He said he expects more interest now that the application process has started.
I agree with him. Unfortunately it will probably not happen.
My opinion is that the international "community" will see anything but acquittal or very light sentencing as unjust, whether the trial is open, closed or a combination of both. The operating principle here is that America is always wrong.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.