'Fair, Open, Just, Honest'
How much of the total evidence against the detainees was declassified?
I don't know. The entire process has been an effort to declassify as much of the evidence as possible to make the process as transparent as possible to avoid anything that would keep the information from going to the press.
I want to get back to Khalid Sheikh Mohammed. He and others were re-interrogated in what's been called a "clean team" process. Can you talk about that?
No. For me to comment on the evidence or the method by which evidence was gathered or reviewed is wrong.
How long will it be before evidence is actually heard [in full-blown trials]?
I can't predict that. You've got five accused in these cases. Just generally speaking, statistically speaking, I expect you'll see motions and a good bit of activity in regard to discovery, but I don't know for sure. The ability to predict when a trial will go is hard.
I've read the opinion of lawyers and legal scholars who say that in such a complicated series of cases getting to the stage of a full-blown trial will take months and maybe years.
I'm not going to make an assessment. It's just going to take a long time. National security cases are complex.
I want to ask you about waterboarding, which most security officials now agree is torture, including CIA [Director Michael] Hayden. What's your opinion on that?
I don't give an opinion on that. I allow the courts to decide whether it falls in a particular category. Torture is illegal. The president of the United States has said we do not torture. Statements derived from torture are inadmissible in these proceedings. Beyond that, we allow the courts to evaluate the evidence. Ninety-five to 99 percent of what goes on in the trial is fact, and you evaluate the facts against the law.
I want to quote to you Anthony Romero, the executive director of the ACLU, who says you've become a lightning rod for criticism of the military commissions. He says anyone who wants to see the process succeed would not retain Hartmann in this position. How do you respond?
The legal adviser is responsible for all the logistics, for supervising the chief prosecutor, for giving legal advice to the convening authority, for making sure the systems are in place, for helping to make sure the defense is adequately resourced. Everybody's entitled to their criticisms and their comments, but it's not personal. It's a mission. It's an obligation. We've been asked to run these military commissions. We've been required to make sure they're fair, open, just, honest, and we're going to do that.
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Member Comments
Posted By: Sultan Ahmed @ 06/08/2008 6:43:20 AM
Comment: There is no justification to constitute a commission especially for trial the accuseds involved in 9/11 insurgency.
It must be tried in the Federal Court that was legally justified stage for trial and punishment.
but Millitary commission was set up for gaining requisited results of the case.In this way it is no fair trial.
As it has come to surface,accuds persons refused to accepte the attornies offered by the trial commission and saying they have no trust in commission in regard to justice.
It is duty of the prosecution to prepare a case and prove the allegations levelled by it against the accuds by supporting relevant documents and get the accuds punished.
Shouldn't be used third methods,should be used coercive methods.
He was kept under strict custody,tortured and waterboarding and in this way a confessional statement was obtained.
It is justice it is no justice .Proceeding must be clean and procedure must be according to law.
Trial in the Millitary Commission under the presiding over a millitary man is absolutely unjust.
Suprem court of The United States has ruled which is not in favour of the Millitary Commssion but congress and president resurrected .
Barak Obama and Macinare also agreed that Millitary Commission is not procedure adopted by the Bush administration.
So it is essential for state department to change its course leading to free fair and impartial justice and the world should see the justice is being done in the case.
Posted By: sjbrock80 @ 06/03/2008 3:31:10 PM
Comment: Just skip the trial and hang these losers.
Posted By: Finnigan @ 06/03/2008 10:30:09 AM
Comment: Any defence of the "legal" proceedings discussed is ultimately silly. The world has seen the evidence, have heard the lies of the Bush administration and it's apologists, and has found their case to be wanting. Trying to mount a defence of the U.S. not using torture by saying, "the president says we don't, so we don't" is not going to work on anyone older than a seven year old. The president lied his way into the war, and the people will decide on whether waterboarding is terror. Wait, this just in, it is. Japanese soldiers were convicted of doing it to Americans during World War II. Who knew?