Legal

David Hicks And The Continuing Sham At Gitmo

1fastdog.

Posted to Legal on Mon Apr 02, 2007 at 02:12:59 PM EST (promoted by port1080). RSS.

Guantanamo Bay inmate David Hicks was sentenced on Friday to seven years' prison for supporting a terrorist organization, yet he will serve only nine months of his sentence according to a plea deal struck with his US prosecutors. He will also be returned to Australia no later than May 29 to serve the remainder of his sentence, and could be free by the end of the year.

So there you have it. David Hicks, supposedly such a threat to the world-at-large that he was kept under wraps at Guantanamo Bay for the past five years, will be a "free" man in nine months.

The extremely favorable sentence handed to Hicks has already sparked outrage and once again casts the Bush administration as perpetrators intent on granting seedy political favors to its Australian allies rather than allow the proceedings to follow their own path: The Defense Department's lawyer, Susan J. Crawford, walked directly over her prosecutor's heads straight to the defense team and cut the pre-trial deal that is now allowing Australian Prime Minister John Howard, a sigh of relief as Hicks' continued imprisonment was making for problems for the Australian government.
Hicks is under a gag order - apparently inserted at the request of the Australian government -  and will be in prison until just after the federal elections in Australia later this year, leading to intense speculation of political tom-foolery:

There is an unmistakable stench of political expediency to the terms of the plea bargain, in particular the extraordinary 12-month gag order that prevents Hicks from speaking publicly about the actions to which he has pleaded guilty or the circumstances surrounding his capture, interrogation and detention. The gag also silences family members and any third party. While no one would suggest Hicks should not be allowed to sell his story, a blanket gag order that extends beyond the period of incarceration is a disturbing erosion of free speech. And the fact it is only in place for one year gives a clear impression its main purpose is to keep Hicks quiet until after the federal election.

While Australian Treasurer Peter Costello notes that Hicks isn't and shouldn't be considered a hero,  
the obvious political intent and subsequent light sentencing are perhaps undermining the past association between Hicks and al-Qaeda. Also being undermined according to legal experts, is the entire concept of military tribunals as a way to mete out justice:

The Hicks deal followed by only a day Defense Secretary Robert M. Gates' expression of concern before a congressional committee that because of Guantanamo's reputation in the world, the tribunal verdicts were going to lack credibility.

Friday's "machinations" in the Hicks trial and international reaction to the hand-slap sentence "suggest the accuracy of Gates' Thursday testimony about global perceptions of the military trials held at Guantanamo," said University of Richmond law professor Carl Tobias.

Legal analysts condemned the first completed case as fresh evidence that the detention and prosecution are unjust and immoral.

So, David Hicks becomes the first result of war-crimes trials at Gitmo and what precedent was set exactly - that political pandering triumphs justice or that the whole thing was sham from the get-go?  One has to wonder:

If Hicks was such a menace to Western security, as the U.S. government has alleged since his arrest in December 2001, asked staff attorney Ben Wizner of the American Civil Liberties Union, "why was he given a sentence more appropriate for a drunk-driving offense?"

Tags: edited by Port1080, written by 1fastdog, David Hicks, Guantanamo Bay, John Howard, politics, law, credibility, war-crimes, terrorism, detainees, military tribunals, Australia, prison, trial (all tags)

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1

credibility -vs loyalty

1fastdog.

Mon Apr 02, 2007 at 09:15:52 PM EST

5.00 (brilliant)

If there's one thing we can be sure of after 6 years of Bush administration hijinks , it's that blind loyalty to the White House will trump any and all issues. Howard's been licking Bush's bootstraps for quite awhile now, consequently he's entitled to his payoff in the form of a plea-bargained gag order for Hicks that effectively silences any and all members of Hick's family from speaking out about the whole ordeal - a tidy little exercise in sealing off debate on the conditions of Hick's imprisonment, including his allegations of being beaten, sodomized and otherwise tortured while under wraps at Gitmo.
Now with his plea bargain, he's changed his tune about his treatment, promised not to sue the US govt and its people, and promised not to speak to the media - until after the Australian elections, don'tcha know -  in exchange for an extremely lenient sentence. Hey, who can blame him? Someone dangles a cherry like that in front of you, you'd be crazy not to reach out and take it. But where's the justice in all of this? Was Hicks all that much of a threat, anyway? If he was guilty of all of the things they said he was, why wasn't he tried openly in a recognized court of law rather than a military tribunal where the deck is stacked against the defendant from the start?
We'll never know because the powers-that-be apparently had other ideas; going so far as to keep the head prosecutor out of the plea bargain loop:

Even the chief prosecutor, Air Force Col. Morris Davis, issued what seemed a subtle dig at the plea deal made behind his back. After offering sincere congratulations to Hicks' military defense lawyer, Marine Maj. Michael Mori, he said he also wanted to thank Howard's government for everything it had done to bring closure to the case.

You know, I've got no problem with our govt prosecuting the bad guys. Problem is, we can't trust anything this administration tells us about who is or isn't a bad guy. They shot their credibility to hell a long time ago and have done nothing since to alter that fact. Their penchant for lying and dissembling; their preternatural inclination for secrecy and obfuscation; their blind obedience to loyalty; all of this trumps any and everything in their way, regardless of its morality or legality.
Compare the sentence handed down to John Walker Lindh - a plea bargain for 20 years, while Hicks gets a plea bargain for 9 months. Credibility and the concept of justice once again fly out the window in the name of political payback.
The whole thing was a fuckin' sham and a fuckin' shame.

Somewhere in my soul, there's always Rock -n- Roll... Joe Strummer

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Re: credibility -vs loyalty

Steve Urkel.

Mon Apr 02, 2007 at 10:40:51 PM EST

5.00

"why wasn't he tried openly in a recognized court of law rather than a military tribunal "

Because he was captured by the military on a battlefield in Afghanistan.  

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incredulity vs. rationality

gerrymander.

Tue Apr 03, 2007 at 12:26:30 AM EST

none

Compare the sentence handed down to John Walker Lindh - a plea bargain for 20 years, while Hicks gets a plea bargain for 9 months.

1fastdog, I apologize in advance for picking on you here, but this kind of nonsense is exactly what came through in the write-up, and I assure you, nonsense is what it is. We have no indication  -- none! -- that the disparity between these two cases would have been handled any differently had Hicks been tried in a standard court. We can, however, explain the disparity a number of ways which are completely normal for court proceedings under every recent administration:

Charges: Lindh had a large array of charges impressed upon him -- six for different conspiracy charges, three for supporting Al-Qaeda or the Taliban, and one for general "violence abroad." Hicks had one charge against him for support of Al-Qaeda, period. (A second charge, for murder, was thrown out by the tribunal judge on inconclusive evidence.) People found legally guilty of more crimes get longer jail sentences; how shocking.

Time served: Lindh's prosecution was over within 7 months. Hicks' wasn't concluded for over five years, all of which was spent (as though we needed a reminder) in Guantanamo, in jail. In any court, that five years would get applied to the sentence, just as it did here. So really, Hicks served almost six years of a seven year sentence; would only normal courts had such a harsh sentencing policy.

Mandated silence: Courts can and do apply suppression orders upon convicted criminals, for a number of reasons, especially when ongoing trials (like for the other Gitmo inmates, perhaps?) might be adversely affected.

And then of course, there's your final complaint: politics, which is quickly becoming the catch-all response meaning, "I want to be mad at Bush, and I don't know what the Hell I'm talking about." Did the Australian government pressure the US to release Hicks and/or reduce his sentence? Almost assuredly; it's their job to look after Australian citizens, even mouth-breathers like Hicks. The exact same thing could almost certainly be said for every other person released from Gitmo, with some other citizenship -- most with no charges at all, much less jail sentences! And yet, the amount of complaining at the time? Zip. Zilch. Nada. They were all poor unfortunates, caught up by the eee-vil Bush war machine, even the ones who apparently went right back to terrorism the minute they stepped off the plane in their home countries. Care to make a case for how the anti-Gitmo crowd has failed the nation for supporting those releases? If so, I'm all ears.

So the military prosecution is unhappy? Of course they are! Hell, I'm unhappy! As far as I'm concerned, Hicks, Lindh and every one of those fuckers still in Gitmo should be hung by the necks 'til dead. But this is not the same as being so entrenched with hatred that any criticism becomes valid, by virtue of being criticism. Any observer with a modicum of reason and self-respect would have to conclude that the fears of the anti-Gitmo crowd expressed before the tribunal's commencement appear unfounded: no manufactured evidence was presented, no dodging around the law to get an pre-accepted verdict, humane sentencing not forgotten. And then there's that gag order. Assuming the typical "ongoing trial" rationale to be plausable, shouldn't the timing involved -- 21 months after March, 2007 -- imply that Bush wants this wrapped up before, oh I don't know, the January 2009 inauguration? If so, shouldn't that count in Bush's favor? "Wrapping up the war" sure seemed to play well to the Blue Meanies in Congress when it was their idea.

So, 1fastdog, what I'm saying here is take Mark Twain's advice: count to 10, or maybe swear. Get the aggression out of your system before trying to make an argument. And of that's not possible, ask yourself your bloodthirsty neo-con pal (who has good music taste, at least) would agree with your criticism of Bush. 'Cause if so, you've probably strayed far enough away from your core principles as to be unrecognizable to them.

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Re: incredulity vs. rationality

wetkarma.

Tue Apr 03, 2007 at 12:43:57 PM EST

none

Gerry,
As usual I agree with the general thrust of your comments. I am a bit disappointed however that in a place where we are supposedly housing the "worst of the worst" 7 years is all you risk for being a convicted terrorist.

Couple points I'd like to note:
Both Lindh and Hicks did plea bargains. Therefore to say that Lindh's sentence is longer because he was accused of more things is probably not entirely true. I would say that his sentence had more to do with the fervor of the time (why are we bothering to put this guy on trial?) and the competence of his lawyers. While Lindh was indicted on 10 charges, he ultimately plead guilty to two.

More on point is that Lindh plead guilty to serving in the Taliban and carrying weapons whereas Hicks plead guilty to providing support support to a terrorist organization. I do see a difference, but on the face of it the crimes seem relatively the same. On top of that Al Qaeda (Hicks) has always struck me as the 'worse' organization vs. the Taliban. [Perhaps not a relevant legal point, but still]

The idea that courts can enforce gag orders is unchallenged. However as outsiders looking at the actions here, the question is are the interest of justice served by this order? What is so special (other than Australian elections) about a gag of a year? Why would such a gag apply not only to Hicks but his family (who are presumably Australian citizens) as well?

Memory is a strange bell, jubilee and knell.

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Re: incredulity vs. rationality

permazorch.

Thu Apr 05, 2007 at 12:23:41 AM EST

5.00 (astute)

On top of that Al Qaeda (Hicks) has always struck me as the 'worse' organization vs. the Taliban.
Is Al Qaeda® worse because they're International Terror©?

The Rapacious Redneck Rampagers known as Taliban Bananas provided the home base for AQ, no? Their  Bamyan Buddha Blowout was a pretty ugly omen of 2001.

Out of two piles of steaming hot, wet dogshit, it seems the difference is a matter of one degree centigrade for telling which is worse.

----- The earth may fail, but we will quiver

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Re: incredulity vs. rationality

gerrymander.

Tue Apr 03, 2007 at 01:36:45 PM EST

none

I am a bit disappointed however that in a place where we are supposedly housing the "worst of the worst" 7 years is all you risk for being a convicted terrorist.

That's the price for living in a debased age, unfortunately. "Those who show mercy to the cruel, show cruelty to the merciful," and all that.

While Lindh was indicted on 10 charges, he ultimately plead guilty to two.

You're right; I stand corrected. Although looking further, I see that Lindh also has a gag order extending 20 years after his sentence added as part of his plea bargain. Regarding your questions about Hicks' gag order, they are good questions I don't have answers for. I'm just not convinced that the facile reason of politics is the only one. (Which is not to say other reason(s) would be well-thought or effective, just that I suspect there might be more going on under the surface.)

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Re: incredulity vs. rationality

thefadd.

Tue Apr 03, 2007 at 02:40:27 PM EST

none

It's not my life so it's easy to bargain, but I'm far more disturbed by the gag order than the jail time. There are many rights one gives up when one goes down the criminal path, but it does not seem like the right to publicly protest ones innocence should ever be one.

escalators never fail; they just become stairs

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Re: incredulity vs. rationality

Thalia.

Tue Apr 03, 2007 at 09:00:51 PM EST

none

Those guys that went "right back" to terrorism were acquitted by a jury.  Then the (not in the least independent) Supreme Court annulled the jury.  They haven't been convicted of anything as far as I can tell based on the media reports.  In other words, yeah... sure.

Thalia

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