Wednesday, December 5, 2007


I just finished listening to the argument before the Supreme Court... and it was pretty amazing. The primary question before the court is whether or not the Detainee Treatment Act (DTA) is an adequate substitution for the writ of habeas corpus...(is the DTA the same as being able to go before a judge and make the government tell you why you are being held and charge you with something or let you go...)
The rebuttal by Seth Waxman said it all.... one of the many inadequacies under the DTA is that the prisoner is not allowed to know who the witnesses are . In one case however the name of the main witness/evidence against the prisoner was disclosed... a man the government claimed was a close friend of the prisoner and who was part of al-Queda and who supposedly blew himself up as part of a terrorist plot. The prisoner stated when he heard that persons name that he never knew that the man was part of al-queda. After the prisoner became represented by an attorney the attorney did research on the supposed al-queda friend... turns out he wasn't a terrorist, wasn't self detonated... and was alive, well, and working in Dresden Germany... Under the DTA the prisoner never would have been allowed to discover or challenge the governments story tying him to al-Queda....

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