Military Commissions to Continue (in Some Form)
The Obama administration will announce Friday that it will continue to use military commissions to prosecute some terrorism suspects, current and former officials said — reversing a campaign promise to abolish the controversial tribunals started under President George W. Bush.
Apparently the commissions will allow for more process, like “ban[ning] the use of any evidence obtained through coercion and restrict[ing] the use of hearsay evidence.” But why continue the commissions at all? Isn’t the point of the commissions to restrict process, and allow a lower evidentiary standard, in order to obtain a conviction that might be somewhat harder to obtain in a civilian court? And is it really the case that a federal judge would just let, say, Ramzi bin al-Shibh walk?