Word: cases
(lookup in dictionary)
(lookup stats)
Dates: all
Sort By: most recent first
(reverse)
There is little secrecy over evidence. The UCMJ's version of the civilian grand jury takes place early in the 120-day process and is much more open and balanced. In the hearing, the prosecution will lay out its prima facie case before a military judge, and the defense will have an opportunity to put in evidence and cross-examine witnesses. Out of that hearing, specific charges will be issued and recommended to an officer with the rank of general in Hasan's direct chain of command. That commanding general will decide on what charges will be made and where...
...last court-martial to hold the national attention was the 1971 trial of Lieut. William Calley. "It has been a very long time since a case has engaged the public nationwide for a sustained period," says Eugene R. Fidell, president of the National Institute of Military Justice who teaches military law at Yale. The charges that Calley directed the massacre of 104 Vietnamese villagers in 1968 fed the national debate over the war and his 1971 trial underlined the country's divisions. Politics intruded into the Calley case when Congress refused to release secret testimony about the incident. President Richard...
Lessons have been learned since the Calley case, Silliman says, not the least of which is the danger of political intrusion and command influence. While members of Congress may enter the hot debate, President Barack Obama as Commander in Chief must be wary not to exert "unlawful command influence" in his pronouncements on the case, Silliman says, just as President George W. Bush and Administration officials in the chain of command were cautious in the Abu Ghraib cases. So far, Obama has not stepped over the line, Silliman says, by specifically naming Hasan. This is as close as the President...
There are hard legal cases, and there are high-profile legal cases, but the prosecution of Khalid Sheikh Mohammed may turn out to be one of the hardest high-profile cases ever. Attorney General Eric Holder announced Friday that Mohammed, the confessed architect of the Sept. 11 attacks who was waterboarded 183 times in U.S. custody in March 2003, will be put on trial in the Southern District of New York along with four other Sept. 11 plotters. Between the imperative of bringing an alleged mass murderer to justice and the challenge of overcoming evidence tainted by torture, the case...
...Bharara will have to make the case under very unusual circumstances. "The challenge for prosecutors is to try and present a case that is not tainted by evidence that is inadmissible," says Joshua Dratel, a criminal lawyer in New York who has appealed cases against terrorists on the basis of torture allegations. Holder testified at his Senate-confirmation hearings earlier this year that he believes waterboarding is torture, and any evidence obtained after Mohammed's waterboarding will likely be inadmissible...