President Obama Enforces Habeas Corpus With Tribunal Courts

On the heels of choosing not to release Gitmo Torture photos, today President Obama announced his decision to re-open Military Commissions/ Tribunal Courts.

With the closing of Guantanamo Bay which currently houses more than 240 Detainees, his administration must now work to create precise plans ensuring the world none of the freed inmates will pose any further security threat.

Releasing the detainees won't be an easy task, however continuing to detain them on U.S. soil without Habeas Corpus will no longer be tolerated.

Here are the factors which will determine how Detainees will be released:

1) Detainees who pose no Security risk at all will be discharged to other countries.

2) Detainees who are no doubt extremely dangerous but whose files lack the necessary evidence to receive a Fair trial, will be jailed indefinitely via the International Law of Warfare Doctrine or by asking Congress to pass a new law for the creation of a new National Security Court.

3) Detainees of whom Prosecutors have collected an overwhelming abundance of Prime Facie evidence, will of course be tried in Civilian courts.

4) At least 20 Detainees will be tried in Tribunal Courts. Unlike those managed under former President George W. Bush's administration, the revised Tribunal courts will afford each of the those dangerous detainees a legal, humane trial.

Here are the new plans for the use of Tribunal Courts under President Obama's administration:

1) Hearsay will be limited so that the burden will no longer be on the party who objects to hearsay to disprove its reliability.

2) Evidence obtained via the use of cruel and unusual punishment will not be permissible during trials.

3) The accused will have greater latitude in selecting their counsel.

4) Basic protections will be provided for those who refuse to testify.

5) Military commission judges may establish the jurisdiction of their own courts.

Such a legal process is likely to produce a lesser risk of any convictions being overturned by a Federal Appeals court.

In addition by allowing the inmates to have a Fair Trial, Prosecutors will be able to use information previously gathered by Intelligence sources without having to reveal their sources.

Use of Tribunal Courts under the Bush administration drew public outrage and complaints from Civil Liberty Unions which exposed Inhumane Treatment of Prisoners.

Those allegations caused President Obama to halt the use of Tribunal Courts until a thorough investigation was conducted regarding their effectiveness in the prosecution of Detainees.

Jonathan Hafetz, of the American Civil Liberties Union, expressed his disappointment with this statement, "It’s disappointing that Obama is seeking to revive rather than end this failed experiment. Even with the proposed modifications, this will not cure the commissions or provide them with legitimacy. This is perpetuating the Bush administration’s misguided policy."

During his campaign President Obama denounced Military Commissions/ Tribunal Courts.

He has pledged to close Guantanamo Bay for good by January of 2010.

President Obama: "This the best way to protect our country, while upholding our deeply held values."

(White House Press Secretary Robert Gibbs addresses President Obama's plans to revive Tribunal Courts at Gitmo.)



Sources: Whitehouse.gov, Politico, CBS News, Huffington Post, The Atlantic, Day Life, AM, Youtube