If you can't beat 'em, invent new rules: ex post facto at Guantanamo
David Hicks is a detainee in Guantanamo Bay. The US Government is dropping its charges against him of conspiracy, aiding the enemy and attempted murder because it doesn't have any evidence to prove these charges. That's good. Today they charged him with "material support for terrorism" which his military-appointed lawyer Major Michael Mori says is a "made-up charge". Specifically, it was made-up in October 2006, several years after his capture. "They are repeating history by creating a new crime after the fact and trying to apply it to David retroactively.
This seems like a textbook example of Ex Post Facto law, charging someone with a crime which did not exist when the "crime" was committed. It's forbidden in our constitution (Article I sections 9 and 10) not to mention the European Convention on Human Rights and the legal systems of numerous other countries including Iran. I'll repeat that. What they're doing is illegal in Iran.
What exactly is the strategy here? They've already suspended habeas, ignored due process (amendment 5), are being denied a trial by jury (amendment 7), and are providing cruel and unusual punishment (amendment 8). Is the Department of Justice attempting to set a world record for "greatest number of simultaneous unconstitutional actions"?
(Thanks to drieuxster for the pointer.)
This seems like a textbook example of Ex Post Facto law, charging someone with a crime which did not exist when the "crime" was committed. It's forbidden in our constitution (Article I sections 9 and 10) not to mention the European Convention on Human Rights and the legal systems of numerous other countries including Iran. I'll repeat that. What they're doing is illegal in Iran.
What exactly is the strategy here? They've already suspended habeas, ignored due process (amendment 5), are being denied a trial by jury (amendment 7), and are providing cruel and unusual punishment (amendment 8). Is the Department of Justice attempting to set a world record for "greatest number of simultaneous unconstitutional actions"?
(Thanks to drieuxster for the pointer.)