Think Progress

Pentagon Counsel: New Rules Convict Detainees ‘Based On Nothing But A Coerced Confession’

sullivanFollowing the guidelines Congress set down in the Military Commissions Act late last year, the Pentagon yesterday unveiled new rules for detainee trials “that could allow terror suspects to be convicted and perhaps executed using hearsay testimony and coerced statements.”

At a Pentagon briefing, Dan Dell’Orto, deputy to the Defense Department’s top counsel, said the new rules will “afford all the judicial guarantees which are recognized as indispensable by civilized people.” Dell’Orto’s view is not shared throughout the Pentagon’s counsels office. Col. Dwight H. Sullivan, the Chief Defense Counsel in the Office of Military Commissions, issued a statement yesterday criticizing the new rules:

The rules appear carefully crafted to ensure than an accused can be convicted — and possibly executed — based on nothing but a coerced confession. The rules would allow an accused to be executed based on nothing but hearsay.

[...]

The rules’ broad protections for classified information threaten to swallow everything. These rules are particularly scary coming in the wake of new Guantánamo classification guidelines that make even the prisoners’ own name classified as ‘SECRET.’

The rules violate the principle that the jury shouldn’t be allowed to see anything that the defendant can’t see. Witnesses can be shielded so that the defendant can’t see them, but the jury can.

Read Sullivan’s full statement here.



55 Responses to “Pentagon Counsel: New Rules Convict Detainees ‘Based On Nothing But A Coerced Confession’”

  1. RUCerious says:

    And the swiftboating for Col. Sullivan begins in 4, 3, 2, 1…


  2. dlet says:

    In an interview, Brig. Gen. Thomas Hemingway, legal adviser to the Pentagon’s office on commissions, said he doubted that most cases would rely solely on coercive or hearsay evidence.

    “These case are pretty complex and it’s not going to sink or swim, I don’t believe, on a single statement,” he said.

    If the case won’t be made or broken solely on coercive or heresay evidence then why the need to allow it? The only answer I can come up with is that they will use it to make their case. Lying sack of scat.


  3. Hardy Haberman says:

    This administration is moving at top speed to deprive all Americans of their rights. This must be stopped. Demand impeachment now, write your representatives!


  4. VerbalKint says:

    Bush’s ghoulish obsession with torture, secret prisons, and kangaroo court proceedings, is right out of the mold from which Third World dictators are hatched. Saddam used to give people “trials” of a sort before executing them, too.

    Bush is no better than Saddam Hussein. He just hasn’t had as much time and power to kill as many people. But on his current trajectory he will get there, given enough time.


  5. Deniz Yeter says:

    It’s because 98%, or possibly all, of the men at Guantanamo Bay were turned in by Northern Alliance fighters trying to collect a $1,000 Bounty for each captured “Taliban” member.

    They’ve been there for years, convicted of nothing, and now they’re being charged for coerced admissions.

    Anyone will tell you what you want to hear if you torture them enough.

    There’s no guarantee there will be any truth behind it, though.


  6. TripMaster Monkey says:

    Well, there it is, folks. Anyone can be grabbed off the street, labeled an ‘enemy combatant’, convicted of treason based upon hearsay testimony from accusers he cannot confront, and taken out back and shot, all in record time.

    Folks, the America we grew up in isn’t just in trouble anymore, it’s DEAD. Get used to it.

    And in case you re thinking that you’ll be OK because, after all, you don’t do anything wrong, I’ll leave you with some chilling words from the good pasor Martin Niemoller:

    First they came for the communists,
    and I did not speak out -
    because I was not a communist;

    Then they came for the socialists,
    and I did not speak out -
    because I was not a socialist;

    Then they came for the trade unionists,
    and I did not speak out –
    because I was not a trade unionist;

    Then they came for the Jews,
    and I did not speak out –
    because I was not a Jew;

    Then they came for me –
    and there was no one left to speak out for me.


  7. Smack says:

    Does this make Americans feel safer? It shouldn’t – you’re next.


  8. chimpeach says:

    Yeah, but if nobody wants to pass on hearsay accusations about you, and you have nothing to confess under coercion, then you’ve got nothing to worry about. Right?


  9. ForTruth says:

    American’s don’t deserve their rights, they have become too complacent, apathetic, and ignorant. Poeple inherently don’t know what to do with their rights, and need to be told what to do.

    I don’t know if I meant that as sarcastic or not. Hmmmm…


  10. katy says:

    anybody check on col. sullivan lately?
    i’d worry about his “health”…


  11. DonS says:

    I’d say Col Sullivan deserves the medal of freedom.

    What a banana republic, er, I mean country; kangaroo courts with torture statements.


  12. TripMaster Monkey says:

    And my comment has been erased. How fitting.


  13. Zooey says:

    #10 – DonS,

    Col Sullivan may deserve the Medal of Freedom, but what he probably will receive is a royal smearing.


  14. TripMaster Monkey says:

    Since I’m not sure exactly why my comment was erased, I’ll post it again:

    There it is, folks…anyone can be grabbed off the street, labeled an enemy combatant, convicted of treason with hearsay evidence from accusers he isn’t allowed to confront, and taken out back and shot, all in record time.

    Folks, the America you and I grew up in isn’t just in trouble, it’s DEAD. Get used to it.

    And in case some of you are thinking that you’ll be OK because, after all, you don’t do anything wrong, I leave you with some chilling words from the good pastor Martin Niemoller:

    First they came for the communists,
    and I did not speak out –
    because I was not a communist;

    Then they came for the socialists,
    and I did not speak out –
    because I was not a socialist;

    Then they came for the trade unionists,
    and I did not speak out –
    because I was not a trade unionist;

    Then they came for the Jews,
    and I did not speak out –
    because I was not a Jew;

    Then they came for me –
    and there was no one left to speak out for me.


  15. ForTruth says:

    “afford all the judicial guarantees which are recognized as indispensable by civilized people.”

    Key word here folks.


  16. katy says:

    try it again, trip… a bit of editing maybe… i found being tenacious works…


  17. TripMaster Monkey says:

    Hmm…I did try it again, katy…and it has yet to be seen.


  18. big papa says:

    Bush is no better than Saddam Hussein. He just hasn’t had as much time and power to kill as many people. But on his current trajectory he will get there, given enough time.

    Comment by VerbalKint #4

    How long was Saddam in power?

    …now extrapolate how many deaths Bushiva and L’il dick are responsible for to date…

    …over THAT same period of time…

    …or Castro’s reign…

    …who’s EVIL?


  19. Zooey says:

    Hmm…I did try it again, katy…and it has yet to be seen.
    Comment by TripMaster Monkey

    Misspell the words, and make it sound all crazy. That should work. :)


  20. veritas says:

    This is very sick, dangerous business and once it is common knowledge around the world, the reputation of this country will descend yet to another nadir! And, it is quite understandably so when we purport and spin one thing and do the diametric opposite. What does that mean for our captured soldiers in the future or americans traveling abroad? One good turn deserves another? Do unto others as you would have them do unto you? Well, we americans are sealing their own fate (or doom as the case may be) with this one, sorry to say.

    Again, how much more are we going to allow these Imperialists to do in the trashing of our constitution, our own civil rights, and the rights of other human beings?

    We’ve become the biggest hypocrites on the planet! What the heck is going on? Every hour there’s a new criminal activity unveiled to the american public – every day more people are exposed for their overt corruption. How much more can this democracy tolerate?


  21. ForTruth says:

    Interesting thought Big Papa.

    Proportionally, Bushy has done the most damage, in the shortest period of time.


  22. TripMaster Monkey says:

    Third time trying to post this…wonder what TP has against Niemoller…

    There it is, folks…anyone can be grabbed off the street, labeled an enemy combatant, convicted of treason with hearsay evidence from accusers he isn’t allowed to confront, and taken out back and shot, all in record time.

    Folks, the America you and I grew up in isn’t just in trouble, it’s DEAD. Get used to it.

    And in case some of you are thinking that you’ll be OK because, after all, you don’t do anything wrong, I leave you with some chilling words from the good pastor Martin Niemoller:

    First they came for the communists,
    and I did not speak out –
    because I was not a communist;
    Then they came for the socialists,
    and I did not speak out –
    because I was not a socialist;
    Then they came for the trade unionists,
    and I did not speak out –
    because I was not a trade unionist;
    Then they came for the Jews,
    and I did not speak out –
    because I was not a Jew;
    Then they came for me –
    and there was no one left to speak out for me.


  23. ForTruth says:

    Veritas,

    The problem is the level of ignorance, complacency, and apathy in the general public. When the TV don’t work no more, or the gas pump is empty, then the obese one-celled organisms will get off thier asses.


  24. veritas says:

    No Al-Maliki is saying that it’s the very Bush administration who are abetting the terrorists – he’s throwing Bush’s own comments about Democrats who’ve disagreed with his demonic policies right into Bush’s face! The next thing Maliki will do is to hold the Bush administration responsible for the 36,000 Iraqi deaths this year….along with 3,000+ american soldiers who have lost their lives for this twisted experiment called Iraq. IRAQ GOES DOWN IN HISTORY AS THE LARGEST FAILURE OF AN EXPERIMENTAL POLITICAL PHILOSOPHY IN THE WORLD!


  25. Inquiring Mind says:

    Weren’t these same rules last used in The Spanish Inquisition?


  26. veritas says:

    Well, some of us perhaps more literate individuals read George Orwell’s book eons ago and can see this country for what it has become. The others are complacent for a panoply of reasons ranging from being unconsciously incompetent……to consciously incompetent (which is where overt complacency comes in)….to outright DOA….the world of denial and dual reality. Unfortunately, the gig is coming up very soon for this country and people will surprisingly find themselves in a fascist, imperialistic state where they have no rights and no constitution to maintain a democracy any longer. It’s already in progress…..and began with 9/11….whose real truth has yet to be unveiled. When that happens, the hammers of hell will fall on those who’ve preferred to simply remain ignorant and complacent.


  27. PoliticalCritic says:

    Are we sure this is still America? Ya know, that place where people are innocent until proven guilty.


  28. veritas says:

    Wasn’t it Dumbya who called this “A Crusade” early on?? I rest my case! Spanish Inquisition…..the Crusades….all over again! Not to mention Watergate Redux X 100!


  29. veritas says:

    #24…..Nope…unfortunately not! It’s what they have in Mexico called “Napoleonic Law”…..guilty till one proves his innocence!


  30. big papa says:

    I’ve only seen bits and pieces about a Jan. 27th protest in D.C.

    …anyone have a link with the full info?


  31. TripMaster Monkey says:

    OK, TP, WHAT THE HELL???

    I posted a comment that included the famous Martin Niemoller poem. It showed up for about 5 minutes, and then it was deleted. Subsequent attempts to repost the comment have all met with failure.

    Did I somehow violate one of the Terms of Service of this site by quoting Niemoller? If so, which one???


  32. Jackie says:

    Let’s see how this works when other countries kidnap Americans and do the same justice. It’s easy to say the US can convict with hear say but it’s another when it happens to us. The US has long killed prisoners who were later found innocent, now that’s become US policy. There are current charges again Rummy and Gonzo pending in another country they might use the new US policy for their trial. Yes only on hear say evidence Rummy and Gonzo could be found guilty. Bush is trying to find a way out of the mess he created only to get deeper in chaos that will come back to bite the US in the butt.


  33. Juan C says:

    Hmm…I did try it again, katy…and it has yet to be seen.
    Comment by TripMaster Monkey

    Dont you remember those good old days where we could post everything we wanted (9/11, Israel, etc…)without being deleted?
    It was yesterday.


  34. Your Conscience says:

    I know this may be ancient history but does anyone recall when Republican administrations had principles, ethics?

    1) What ever happened to balancing the budget?

    2) Didn’t the Democrats always start wars to overcome economic problems?

    3) Wasn’t government interference in our private lives a major problem?

    4) America first–so what happened to that?

    5) The land of opportunity, rather than the private playground of the already rich?

    6) The right to privacy and freedom of religion, rather than big brother and fundamentalist Christians dictating morals.

    7) Freedom of the press.

    8) Freedom from illegal search and seizure.

    Amazing what 6 years of a wannabe dictator can do to us.


  35. Your Conscience says:

    Democrats give you the Bill of Rights; Republicans sell you a bill of goods!


  36. ForTruth says:

    We saw way ahead of time about Iraq being a mess.

    Here we are again, we see this shit coming way ahead of time. When people wake up to this it will be too late.

    Bye.


  37. Your Conscience says:

    ONE LETTER SEPERATES CLINTON FROM BUSH!

    Clinton – BLOW JOB
    Bush – BLOWN JOB


  38. ForTruth says:

    Oh yeah Juan, it was on a different blog too.


  39. Zooey says:

    It was yesterday.
    Comment by Juan C

    The day we were on AmericaBlog? :)


  40. TripMaster Monkey says:

    Juan C sez:

    Dont you remember those good old days where we could post everything we wanted (9/11, Israel, etc…)without being deleted?
    It was yesterday.

    Yes, Juan, I do….and even odder, this post had nothing objectionable in it at all.

    No profanity whatsoever, no references to any of the verboten topics….but it did have the text of Martin Niemoller’s famous poem (which I thought to be quite relevant in this instance).

    Perhaps TP has a problem with Niemoller, or simply all poetry in general…

    I think I’ll mosey back on over to where we were yesterday for a while, where I can post without fear of censorship. Maybe I’ll check back later.

    …or maybe I’ll see you and my other good TP friends there instead…


  41. Juan C says:

    The day we were on AmericaBlog? :)
    Comment by Zooey

    Didnt see you there. Thought you were in class.
    And, yeah, pretty impressive the freedom of haloscan. :)

    Trip, I have seen that poem posted here in TP a lot of times. Again, I guess its a technical problem (although I dont know why the appear and disappear)…


  42. Jay Randal says:

    Coerced Confessions are no different than Nazis trying people falsely!


  43. Zooey says:

    Juan, I totally forgot about it until last night, then I was on for a little while. You did pretty well on there. :)


  44. TripMaster Monkey says:

    Juan C sez:

    Trip, I have seen that poem posted here in TP a lot of times.

    Indeed…I myself have posted it more than once. The further this administration goes, the more relevant it gets.

    Again, I guess its a technical problem (although I dont know why the appear and disappear)…

    Yes…I’d like to know what ‘technical problem’ allows it to appear, then ‘disappears’ it, and then causes it to not appear after I attempt reposting it twice.

    Mighty curious…


  45. Dick (no, not that one) says:

    The Cold War is over and the USSR won. We have have become a country that good old Joe Stalin could appreciate. Gulags? We got ‘em! Tortured “confessions”? Yup! Spying on citizens? You betcha! Show trials? Of course! Dissent viewed as being dangerous and unpatriotic? That’s why we got Dick. Propoganda by state run media? We have Fox, how else could O’Reilly, Cavuto, Gibson, and Hannity get a job?

    Stalin, Brezhnev, Krushshev, Bush. Hail Komrades!


  46. Juan C says:

    Juan, I totally forgot about it until last night, then I was on for a little while. You did pretty well on there. :)
    Comment by Zooey

    Ha ha ha. I posted three times only. I guess. But thanks. Hows school?


  47. Smack says:

    Censoring a “progressive” comment section = quick way to alienate your Progressive base.

    Keep it up, Think Progress, and watch your readership drop to Republican Levels.


  48. mighty aphrodite says:

    “…Yes…I’d like to know what ‘technical problem’ allows it to appear, then ‘disappears’ it, and then causes it to not appear after I attempt reposting it twice. Mighty curious… ”
    Comment by TripMaster Monkey

    ******Dear MonkeyTrip – The “technical problem” you refer to is an ideological problem. Mentioning certain “progressive” taboo-topics(C*mmu^ism, $oci*lism, etc.) magically induces the censorship of my posts. Plunger fell off the boards with his crazy paranoia – but as Mr. Aphrodite and were discussing on our to dinner last night, it always better to know what your ideological enemies are thinking and the “reasoning” behind their opinions. I guess “gross and filthy” have not offended the censors yet…..


  49. mighty aphrodite says:

    #46 should be disapearing ANY moment….

    Tooodles…..


  50. chimpeach says:

    #22 Inquiring Minds

    Weren’t these same rules last used in The Spanish Inquisition?

    Hmmm. I didn’t expect the Spanish Inquisition.


  51. chimpeach says:

    #45 MA

    …it always better to know what your ideological enemies are thinking and the “reasoning” behind their opinions. I guess “gross and filthy” have not offended the censors yet…..

    I agree. It is…when there’s reasoning behind their opinions. When it becomes nothing more than defending the home team no matter how bad it sucks, those opinions don’t count for much.


  52. doug says:

    We will hear Bushco squeeeel like a little pig when his time for justice comes.


  53. Randy Nason says:

    Yes. I hear that Deliverance 2 will feature Dick “squeal like a pig” Cheney, George “ya sure got a purty mouth” Bush and, hey- who’s playing the hillbilly?
    Contrary to all the complete and accurate propaganda passed off as incomplete and inaccurate news, this is no eye-opener. Is this the part where the American people are supposed to act surprised? Snap the hell out of it, corporate media.


  54. chimpeach says:

    #53

    I made the list! I made the list! Awesome!!!


  55. wewantourrightsback says:

    When are people going to get off there butts and start letting there VOICE be HEARD , Impeach Bush , Chenny , Gonzales !



Jump to Top

About Think Progress | Contact Us | Terms of Use | Privacy Policy (off-site) | RSS | Donate
© 2005-2009 Center for American Progress Action Fund
View Most Popular

Advertisement

What We're About

Featured

image
Subscribe to the Progress Report



imageTopic Cloud


Visit Our Affiliated Sites

image image
Reports


Got a hot tip?
Have a hot news tip? We'd love to hear from you. Use the form below to send us the latest.

Name:
Email:
Tip:
(required)


imageArchives


imageBlog Roll