The “news services report”:http://www.freep.com/news/nw/gitmo3e_20041203.htm the latest effort by legal officials of the U.S. Government to get Americans to agree that the use of torture by the military is no big deal:
WASHINGTON — U.S. military panels reviewing the detention of foreigners as enemy combatants are allowed to use evidence gained by torture in deciding whether to keep them imprisoned at Guantanamo Bay, Cuba, the government conceded in court Thursday. The acknowledgment by Principal Deputy Associate Attorney General Brian Boyle came during a U.S. District Court hearing on lawsuits brought by some of the 550 foreigners imprisoned at the U.S. naval base in Cuba. The lawsuits challenge their detention without charges for up to three years so far.
Attorneys for the prisoners said some were held solely on evidence gained by torture, which they said violated fundamental fairness and U.S. due-process standards. But Boyle argued in a similar hearing Wednesday that the prisoners “have no constitutional rights enforceable in this court.”
U.S. District Judge Richard Leon asked whether a detention would be illegal if it were based solely on evidence gathered by torture, because “torture is illegal. We all know that.” Boyle replied that if the military’s combatant status-review tribunals “determine that evidence of questionable provenance were reliable, nothing in the due-process clause prohibits them from relying on it.”
I look forward to some analysis of this exchange by a good lawyer. (A good lawyer with some sense about “what issues”:https://www.crookedtimber.org/archives/002092.html are “worth their time”:https://www.crookedtimber.org/archives/002017.html, I mean.) It seems to me that the government wants to let military tribunals do whatever they like. Boyle’s claim seems to be that in balancing the reliability of any piece of evidence against its “questionable provenance” (i.e., whether it was beaten out of a detainee), the status-review tribunal should not only lean towards reliability but also get to pick and choose how questionable a “provenance” is too questionable.