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Are Republicans Afraid Of More Torture Disclosures?

Mark Hosenball and Michael Isikoff over at Newsweek report that the government plans to bring 25 Gitmo detainees to the U.S. for trial under the new law that just passed, including, potentially, alleged 9/11 plotters Khalid Sheik Mohammed and Ramzi bin Al Shibh.

A public announcement of the decision is expected to come by Nov. 16—the task force’s self imposed deadline—but could come earlier. When it does, it is sure to ignite a loud public debate: in just the past few days, conservatives—including former Bush attorney general Michael Mukasey—have stepped up their warnings that such trials could compromise national security, expose sensitive intelligence methods in open court, and cause logistical nightmares.

The new military commissions have higher due-process standards than the ones used during the Bush administration, but they give the executive branch more leeway to decide what can be kept secret. Aside from Mukasey, Daphne Eviatar reported last week that Lindsey Graham and John McCain are also fiercely opposing the trial of the alleged 9/11 plotters in civilian courts.

I'm skeptical that the Classified Information Procedures Act, the statute governing the disclosure of classified information in federal court, is inadequate to prevent whatever national security information might be disclosed in any of these trials. But remember, if you look at the more declassified version of the 2006 CIA Inspector General's report that was recently released, there are 24 straight pages of redacted information describing what was done to KSM. If you're wondering what Mukasey and the others are worried about a civilian trial disclosing, it's a good bet that some of it is probably in there.

-- A. Serwer



COMMENTS

While there may be several reasons, yes, I think avoiding any reports and more discussion of torture and assorted war crimes is exactly why. It's pretty despicable when lawyers in such high positions argue against due process, habeas corpus, and other essential rights. Mukasey was the goddam AG, charged with upholding the law, and doing so for the good of the country, instead of obstructing justice and protecting the Bush gang from the consequences of their illegal and unconscionable actions. And Graham's been doing this crap for years, trying to prevent investigations and prosecutions, including lying to the Supreme Court in his amicus brief (with Kyl) for the Hamdan case. Those two probably should have been disbarred or at least reprimanded for that one, but nothing happened, just as Bybee and the rest currently have escaped professional penalty - as well as actual justice. KSM may be thorny enough, but putting anyone who was actually innocent and also tortured on the stand might actually make some of the Beltway dolts notice for a moment.

KSM may be thorny enough, but putting anyone who was actually innocent and also tortured on the stand might actually make some of the Beltway dolts notice for a moment.

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