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A Second-Class System of Justice (From the President)
By Lisa M. Wayne
From the President columns.
Ten years after President Bush’s creation of the military commissions system at Guantánamo Bay, only six cases have been completed and the legitimacy of the system remains in question.1 Compare this to the more than 400 terrorismv-related trials completed in the traditional criminal justice system.2 Yet the battle over the proper venue in which to try and detain suspected terrorists continues. Recently, there have been efforts in Congress to require mandatory military custody and military commissions trials for certain terrorism suspects based on suspicion of terrorism activity alone.3 These proposals are moving well beyond Guantánamo and are cause for grave concern by the criminal defense bar.
The debate in Washington is full of political rhetoric and is seriously lacking in fact and law. The efforts to overmilitarize our counterterrorism efforts are a direct result of the fact that the United States is in a state of war — so the theory goes — and therefore we must utilize the militar
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