Civilians Could Serve on Military Tribunals

Now here’s a story you don’t see every day… Is it finally time for military tribunals? -Ed.


Pentagon lawyers designing historic military tribunals to try terrorists are poring over history books and legal tomes for guidance.

While U.S. law permits the executive branch to design the commissions with few restrictions, even with little regard to precedent, officials drafting the rules are reportedly keeping history in mind.

America has a long tradition of using military tribunals to try foreign combatants and even terrorists, reaching as far back as the American Revolution. Most recently, military commissions were used extensively by the United States during and after World War II.

In 1942, President Franklin Roosevelt used tribunals to try eight Nazi saboteurs who landed on the East Coast apparently to harm wartime industrial production. Hundreds of German and Japanese prisoners were tried at military tribunals — including after the fall of Nazi Germany.

White House officials say the administration is carefully studying the rules and procedures used at the Nuremberg trials, which resulted in the indictment of scores of Nazi officials and organizations charged with abetting the Nazi effort. The Nuremberg trials were distinct from military tribunals established in the United States in that they used high-ranking civilians as judges.

Some experts say placing respected civilians on the Bush terror tribunals, such as retired U.S. generals, or former secretaries of defense or attorneys general, would go a long way toward shoring up international support for such commissions. “The more that can be done to make this process appear like a regularly constituted court the greater it will be received in the global community,” said Sean Murphy, a professor at George Washington University Law School.

The Bush team is also reportedly looking at rules of procedure drawn up for Korean War-era military commissions that never took place. The rules provided defendants with “reasonable opportunity to consult with his counsel before and after defense, to interpretation of charges and the substance of the proceedings as well as any documentary evidence. The defendants were to have the right to remain silent, to cross-examine witnesses, and to a presumption of innocence until guilt is established beyond a reasonable doubt.

Continues: Civilians Could Serve on Military Tribunals.

Inauguration Day protests: Most arrested protesters will be charged with felony rioting, federal prosecutors say

So far, 217 of 230 rioters arrested in DC will face up to 10 years in prison and up to a $250,000 fine.

WASHINGTON — Most of the approximately 230 protesters arrested on Inauguration Day will be charged with felony rioting, federal prosecutors said.

The U.S. Attorney’s Office said the offense is punishable by up to 10 years in prison and a fine of up to $250,000. The office said most of those arrested will be released without having to post bail and must return to court in February.

A first group of 10 men appeared in Superior Court just before 3 p.m., and their lawyer entered a not guilty plea on their behalf. A judge released all of them on the condition they not get re-arrested in the District of Columbia.

Interim D.C. police chief Peter Newsham said Friday that 217 people were being charged with rioting.

The arrests took place in a four-block stretch of downtown Washington around the time of President Trump’s swearing-in ceremony.

The arrests came after some protesters created chaos. Windows of downtown businesses were smashed, and police deployed pepper spray and “sting balls” against the crowd.

 

Full story: CBS News

Rudy Giuliani – I Could Convict Crooked Hillary on 26 Counts

Rudy Giuliani appeared on Sean Hannity’s after-debate show. He said that Donald Trump delivered one of the biggest knockouts in presidential debate history, and that if he were the Attorney General he could prosecute Hillary Clinton on violations of 26 different criminal statutes.