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Following the Hamdan Trial

Monday, August 04, 2008

Jane Mayer, staff writer for the New Yorker and the author of The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals (Doubleday, 2008), returns with the latest from the war crimes trial of Salim Hamdan, underway in Guantanamo Bay.

Guests:

Jane Mayer

Comments [11]

Gary Krasner from New York

Mayer wants to provide lawyers to captured jihadists on the battlefield. They will advise their clients to remain silent. Wonderful policy, huh? The likes of Mayer will always be with us. Their sole value is to glean the depths of the foolish and ignorant.

Aug. 04 2008 12:02 PM
Gary Krasner from New York

Mayer is an extremely biased journalist. I watched her on CSPAN a couple of times. Comments like 'secret trial; secret testimony; secret evidence' etc are over the top. Comparing jihadists to German soldiers is also wrong. Germany was a sovereign nation that by and large observed the rules of war. We prosecuted individual Germans who didn't. By contrast, jihadists as a group intentionally violate rules of war. It's their policy as a group. And unlike what Mayer thinks, one does not have to be a high ranking individual to be trial for violations of the rules of war.

It might be a surprise to Mayer to learn that MCA was not found Unconstitutional. The Court just felt these Gitmo detainees (and only those couple of hundred still there) should have habeas appeals in an article 3 court. MCA is considered the most fair tribunals in the world. There's an unprecedented 4 levels of appeal or judicial review. Contrary to what Mayer said, no judge will be an adjudicator. Instead, a large panel of officers are jurors with an unprecedented anonymous vote procedure, to eliminate possible pressures from higher ranked jurors. Hamden right now has 4 attorneys from prestigious law firms, and two JAG officers on his defense team. Unlike any court or tribunal in the world or in history, he can name a witness or expert to be brought to the court with all fees paid by you and me.

Aug. 04 2008 12:01 PM
kathy

watch out for the far left....

they're often the worst violators of "free speech"

see: Venezuala, Cuba, Communist Russia etc...

Aug. 04 2008 11:29 AM
Brian Lehrer Show Moderator

We've removed a few comments that were not on topic. Please keep in mind WNYC's comment posting guidelines, and keep the conversation civil.

Aug. 04 2008 11:23 AM
barry from Manhattan

It is a military trial, so they are all officers.
These guys have a code of conduct and integrity.

The KSM statement is suspect, KSM is playing the US government however he was in the middle of it all so he is the best source, flawed as it is, that we have.

Aug. 04 2008 11:20 AM
barry from Manhattan

The guy was part of the gang and how dare you compare this crew of cutthroats to a standing Military like the US or UK
Jane, you're wrong>

Aug. 04 2008 11:16 AM
chris o from new york city

So pathetic and petty: we have Osama's driver! Are his tailor and baker next up? How about his wives, too? Why don't we try them?

Aug. 04 2008 11:06 AM
Jesse Califano from NYC/ TPA/

I know EXACTLY what Jane Mayer of the New Yorker Magazine means by 'American Ideals'- I felt the exact same way as does she when Abraham Lincoln initiated a civil war against the South- in the guise of a 'States Rights' issue- and in the bargain, simply trashed the 'American Ideal' of SLAVERY!!

And now, in fighting Islamic Terrorists- there go another whole bunch of 'American Ideals'- like American law enforcement not listening in on suspect phone conversations- the government should have brought back another previous 'America Ideal'- the party-line telephone system circa 1950!

Aug. 04 2008 10:19 AM
O from Forest Hills

Are the people at Guantanamo entitled to the same rights as people arrested in the USA that are guaranteed by the Constitution?

Is anyone whom is arrested in the USA guaranteed the rights under the Constitution and due process of law or does it depend if you are a citizen or legal resident?

Or are people at Guantanamo governed by the Geneva Convention?

Aug. 04 2008 10:16 AM
michael winslow from INWOOD

American Ideals:

1. Habeas Corpus
2. No unlawful search and seizure
3. freedom of speach
4. Privacy

However both the presidential candidates do not believe in these either.

Obama = patriot act + FISA

Aug. 04 2008 10:06 AM
Abe from NJ

Can you list some American ideals? (just curious as to what they are)

Aug. 04 2008 09:41 AM

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