Jill Lepore: Terrorism, Counterterrorism, and the Law of Tormenttags: terrorism, Jill Lepore, counterterrorism, New Yorker
Jill Lepore, a staff writer, has been contributing to The New Yorker since 2005.
On November 13, 2001, George W. Bush, acting as President and Commander-in-Chief, signed a military order concerning the “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism.” Under its provisions, suspected terrorists who are not citizens of the United States were to be “detained at an appropriate location designated by the Secretary of Defense.” If brought to trial, they were to be tried and sentenced by a military commission. No member of the commission need be a lawyer. The ordinary rules of military law would not apply. Nor would the laws of war. Nor, in any conventional sense, would the laws of the United States. In the language of the order, “It is not practicable to apply in military commissions under this order the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts.”
“You’ve got to be kidding me,” Attorney General John Ashcroft reportedly said when he read an early draft, in which members of the commissions, as well as attorneys for both the prosecution and the defense, were to be selected by the Secretary of Defense. As Jess Bravin, the Wall Street Journal’s Supreme Court correspondent, reports in “The Terror Courts: Rough Justice at Guantánamo Bay,” Ashcroft expected the prosecution of people involved in 9/11 to be handled criminally, by his department, as had been done, successfully, with earlier terrorism cases. Other senior advisers had not been consulted. Condoleezza Rice and Colin Powell learned that Bush had signed the order only when they saw the news reported on television. In the final draft, the Department of Justice was left out altogether. Suspected terrorists could be imprisoned without charge, denied knowledge of the evidence against them, and, if tried, sentenced by courts following no previously established rules....
comments powered by Disqus
- Study: Violent radicalism in UK isn't associated with poverty
- CONFIRMED: the Shrine of Jonah/Mosque of Yunus (Nineveh, Mosul, Iraq) has been destroyed
- Chinese President Xi Jinping: Nobody can change history
- Iraq’s Long-Lost Mythical Temple Has Been Found…and Is In Danger of Disappearing Again
- CBS features in-depth coverage of the 50th anniversary of the signing of the Civil Rights law
- Obama to award National Humanities Medals to 3 historians
- Historian Curt Gentry, known for Hoover biography and ‘Helter Skelter,’ dies at 83
- Harvard historian: strategy of climate science denial groups 'extremely successful'
- Curators at Victoria and Albert Museum are pushing the boundaries of collecting
- Ukrainian Leaders Are Using David Barton's Theocratic Pseudo-History To Build Their Nation