News

US Asks to Rewrite Detainee Evidence

»

by: The Associated Press

photo
The Jusice Department wants time to rewrite evidence against detainees before judicial review.
(Photo: Associated Press)

    Washington - The Bush administration wants to rewrite the official evidence against Guantanamo Bay detainees, allowing it to shore up its cases before they come under scrutiny by civilian judges for the first time.

    The government has stood behind the evidence for years. Military review boards relied on it to justify holding hundreds of prisoners indefinitely without charge. Justice Department attorneys said it was thoroughly and fairly reviewed.

    Now that federal judges are about to review the evidence, however, the government says it needs to make changes.

    The decision follows last week's Supreme Court ruling, which held that detainees have the right to challenge their detention in civilian court, not just before secret military panels. At a closed-door meeting with judges and defense attorneys this week, government lawyers said they needed time to add new evidence and make other changes to evidentiary documents known as "factual returns."

    Attorneys for the detainees criticized the idea, saying the government is basically asking for a last-minute do-over.

    "It's sort of an admission that the original returns were defective," said attorney David Remes, who represents many detainees and attended Wednesday's meeting. "It's also an admission that the government thinks it needs to beef up the evidence."

    Justice Department spokesman Erik Ablin declined to comment on the plan. The discussions were confirmed by several attorneys and officials who attended or were briefed on the meeting with the judges and defense lawyers.

    "It's a totally fishy maneuver that suggests that the government wants, at the 11th hour, to get its ducks in a row," said Jonathan Hafetz, an attorney representing several detainees. He was briefed on the plan.

    The documents include the government's accusations and summaries of the evidence that was presented to the military review panel. The records were filed in federal court in many detainee cases in 2004 and 2005, before Congress stripped those courts of the authority to hold hearings.

    Detainees' attorneys who have reviewed the records criticized much of the evidence as hearsay cobbled together from bounty hunters and border guards who accused people of being terrorists in exchange for reward money.

    At Guantanamo Bay, the traditional rules of evidence do not apply in trials run by the military. In a Washington federal courtroom, they would.

    The government wants to submit new records, which would allow it to add new intelligence and expand its reasoning for holding the detainees. Since the hearings will decide whether the detainees are lawfully being held now - not whether they were lawfully being held over the past several years - the government wants to provide the court its newest, best evidence.

    It will be up to federal judges to decide whether the Justice Department can rewrite those documents.

    The question is part of a broader dispute over what the upcoming hearings will look like. Attorneys for the detainees want judges to review all the evidence and decide whether each prisoner should be released. The government believes the judges should look only at limited evidence prepared by officials at Guantanamo Bay.

    That's why defense attorneys are troubled by the idea that authorities now want to rewrite that evidence. If the court limits arguments to just the government's record, and gives the government a chance to improve that record, they believe the detainees' chances will be hurt.

    "They're not just talking about making a little supplement where they've learned something new," said attorney Charles H. Carpenter, who was in the meeting. "They're talking about possibly amending every single one."


IN ACCORDANCE WITH TITLE 17 U.S.C. SECTION 107, THIS MATERIAL IS DISTRIBUTED WITHOUT PROFIT TO THOSE WHO HAVE EXPRESSED A PRIOR INTEREST IN RECEIVING THE INCLUDED INFORMATION FOR RESEARCH AND EDUCATIONAL PURPOSES. TRUTHOUT HAS NO AFFILIATION WHATSOEVER WITH THE ORIGINATOR OF THIS ARTICLE NOR IS TRUTHOUT ENDORSED OR SPONSORED BY THE ORIGINATOR.

"VIEW SOURCE ARTICLE" LINKS ARE PROVIDED AS A CONVENIENCE TO OUR READERS AND ALLOW FOR VERIFICATION OF AUTHENTICITY. HOWEVER, AS ORIGINATING PAGES ARE OFTEN UPDATED BY THEIR ORIGINATING HOST SITES, THE VERSIONS POSTED ON TO MAY NOT MATCH THE VERSIONS OUR READERS VIEW WHEN CLICKING THE "VIEW SOURCE ARTICLE" LINKS.

Comments

This is a moderated forum.  It may take a little while for comments to go live.

another case of 'i can't

another case of 'i can't believe they're even trying this, they must know how bad it looks' from the administration with no shame.

To those who believe it is

To those who believe it is OK for the gov't to alter its evidence -- regardless of terminology used... The things the government does to "enemy combatants" today may well end up being the same tactics used against our own citizens later. I for one am scared to death of a government that cheats.

This should be allowed, as

This should be allowed, as long as we can see the previous versions as well. This way we can analyze what changes were made and why. Bush is losing in court on this, and on FISA, and should also lose on the matter of missing emails in violation of the Presidential Records Act. The problem here is the even-more unpopular pantywaist Congress that won't prosecute these crimes.

If one could rewrite the

If one could rewrite the evidence on both sides, there would never be anyone in prison, but the prisoner never gets to rewrite the evidence, and neither should the Bush administration.

WE ALL KNOW what George Bush

WE ALL KNOW what George Bush is trying to do. He never expected the court decision to grant them a trial,now he will have to stoop to more of his skulduggery to get around the law

It seems to me that changing

It seems to me that changing evidence at this late time can have only one of two possible explanations. One, the original evidence was falsified. Two, the new evidence after all this time is fictitious and designed to make the case against the defendants stronger. This is supposed to be a government of laws.

Seems to me there's a

Seems to me there's a difference between "to shore up its cases" and 'to trump up its cases'. I think in too many cases it's likely to be that their trumping up the cases, sort of like with they did with Iraq war. No, exactly like the Bushies did when they led the spineless Congress and us down the path.

Add a comment:

The content of this field is kept private and will not be shown publicly.
CAPTCHA
The following question is for testing whether you are a human visitor and to prevent automated spam submissions. Please enter the two words seen below. If you cannot read them you may use the button with circling arrows to get a new one.