Aw, heck, they're guilty anyway

White House bid to let military commissions try detainees in absentia draws fire

Joshua Pantesco at 10:12 AM ET

[JURIST] Legal experts inside and outside government are criticizing provisions of a draft bill circulated by the White House Wednesday that, among other things, would allow US military commissions to proceed against an accused "enemy combatant" without the defendant being present, if necessary to protect national security. In absentia proceedings would only be allowed, however, if a defendant's lawyer were present throughout the trial, and if evidence used against the defendant was classified, the defense would be given an unclassified summary of that evidence, if available. The draft bill states: "no evidence shall be admitted to which the accused has been denied access if its admission would result in the denial of a..." [blacked out - likely, "fair trial"]. The suggested scheme would be unique among Western war crimes tribunals and is not consistent with the Uniform Code of Military Justice (UCMJ). The draft defines "enemy combantants" broadly as those "engaged in hostilities against the United States or its coalition partners who has committed an act that violates the law of war and this statute", potentially including US citizens.

(The article, with links, is here.)