Secret Trials and Executions: Military Tribunals and the Threat to Democracy

In "Secret Trial and Executions", Barbara Olshansky , Assistant Legal Director for the Center for Constitutional Rights, examines the Military Order signed by the Bush Regime on November 13th 2001, that effectively suspended constitutional rights for all non citizens living in the United States and subjected them to arrest, secret trials, and secret executions. The direct implication of this order, according to Olshansky is that if you live in the United States and are not an American citizen, the President, or the Secretary of Defense can order you to be arrested, tried, and executed with no public accountability or explanation other than stating that you are a terrorist. While the Military Order contains official language regarding the humane treatment of prisoners, Olshanky correctly points out that with the removal of constitutional protection and the complete lack of government accountability, humane treatment and a fair trial depend exclusively on the good will of the arresting authorities. Furthermore, the Military Order's grounds for arresting, trying and executing non-citizens is so overly broad, according to Olshansky, that the government can effectively perform these actions at will without having to account for themselves. While American citizens might be tempted to dismiss the implications of the Military Order as not really pertaining to them, Olshansky points out that this isn't really true. Since the birth of the nation, all residents of the United States regardless of their citizenship status enjoyed the same constitutional protection. By eliminating the constitutional protection that has been enjoyed by all non-citizens including the ancestors of most American citizens, Olshansky argues that the Bush Regime is effectively destroying a 200 year-old judicial practice that is the cornerstone of American government, and is replacing it with arbitrary, despotic authority. Olshansky also points out that contrary to the President's claims, the Bush regime does not possess the legal authority to arbitrarily arrest, try, and execute non-citizens as terrorists. Contrary to the President's first legal claim, neither the constitution nor any federal statute authorize him to create military courts to try all suspected terrorists against the United States. Contrary to the President's second claim, while the Congressional Joint Resolution does authorize the Use of Military Force and permits the president to activate reserves and send troops to Afghanistan, it does not authorize him to set up military courts and to try any captives resulting from the use of force. It also does not authorize him to randomly arrest, try, and kill non-citizens. And contrary to the President's third claim, while sections 831 and 836 of the Uniform Code of Military Justice (UCMJ) delineate the rules by which the President may conduct military hearings, they do not authorize him to create military hearings. In the past, the United States Department of State has round

Secret Trials And Executions: Military Tribunals And The Threat To Democracy by Barbara Olshansky (Assistant Legal Director, Center for Constitutional Rights) is a serious-minded and somewhat startling examination of the Bush administration's "Military Order" in the wake of the September 11th attacks. According to Secret Trials and Executions, this executive order and its call for secret trial proceedings in which charges, evidence, and verdicts never need be revealed to the public is a dangerous transition toward a form of totalitarian government which can tyrannize the American people at will. An eye-opening, sober, and very realistic of the dangerous path down which American justice is heading, Secret Trials And Executions is highly recommended reading for students of Political Science, Judicial Studies, and most especially, civil liberties activists.