Re: Military tribunals
Dear President Obama:
The press is reporting among other things that your administration is considering relying on the military tribunals for prosecuting presumed terrorist prisoners. It is said that this is necessary because the tribunals use less stringent evidence rules and also could better protect classified information relating to those prosecutions.
I wish to register with you the reasons for my strong opposition to the tribunals as vehicles for the prosecutions.
First, the rules of evidence of our court system have been devised over the years to try to best provide for just convictions. The problem with lesser rules is that they lead to false and unfair convictions. Hearsay is a notoriously faulty guide to the facts of crimes. Inteligence information also has serious problems because intelligence systems have to rely on very indirect and incomplete and diffuse information. In wartime, the quality of the information is even worse than in peacetime intelligence operations. Just look back at what has been revealed in FBI files. They were packed with idiotic, inaccurate, very politically and racially biased information.
Weak evidence will not achieve justice and will not protect us from terrorism. It will more likely than our court system lead to false and politically biased convictions.
Second, pleas to protect classified evidence overwhelmingly have been used by the military and intelligence administrations to prevent circulation of documentation that reveals incompetence, criminality, illegality, veniality, and false prosecutorial actions. Just think back: when did you read a declassified or leaked document whose release harmed the country. In all the cases that I know of, the public benefitted from such releases by learning what really happened in a operation or war or presidential act. Do you think, for example, that America would have been harmed by learning that South Vietnamese leader Diem's death was arranged by CIA-paid agents (two generals) in a coup that had the permission of our president? Had it been revealed at the time, I think that the Vietnam war would have had a very different history.
Third, military courts have a very strong bias in terms of social hierarchies. Our US court system also has such a bias, but it is much milder and also is in open contestation. What happens in the military system is that in cases where several individuals have been involved in a crime or misbehavior, low-ranking offenders and offenders of minority status are much more likely to be prosecuted for crimes in lieu of higher-ranking ones. Thus, the My Lai incident, the misrepresentation of Pat Tillman's death, etc. Accordingly, these foreign, long-imprisoned persons, who have been accused of heinous crimes will not get neutral, blind justice. Regardless of their guilt or innocence, they will be sacrified to benefit the reputation of the military, to show that it is effectively conducting the war on terrorism.
It is therefore a conflict of interest for military tribunals to conduct these trials.
Where is your sense of justice in this? Do you want so much to be thought an effective president against terrorism that you will allow such legal travesties?
Have you no trust in the wisdom of our courts and the adversarial system. It is a very great and good system whose faults are in principle correctable through public commentary. Please reconsider your plans in this.
Sincerely,
Anna C. Roosevelt
Evanston, IL