Word: namo
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Dates: during 2000-2009
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...there are plenty of other defendants who could be tried under Guantánamo's unique legal process. And carrying the banner for that process is Brigadier General Thomas W. Hartmann, 53, a lawyer and Air Force reservist who as the top legal adviser and chief administrator of the trials has managed to put 17 complex war-crimes cases on the docket in less than 18 months. Now Obama's promise to shutter the facility seems to have spurred Hartmann to even greater activity. Motions and hearings are currently under way in at least half a dozen cases, and this...
...process finally starting to work - or a hurried effort designed to tie Obama's hands as he tries to shut the facility. Once they are under way, Obama could find it politically and legally difficult to stop the controversial proceedings or shift them out of Guantánamo. "All this activity, and an expanding list of trials that cannot possibly conclude before the next President takes office, is irresponsible," says Adam Schiff, a California Democrat and member of both the House Intelligence and Judiciary committees. Saying he has conferred with but does not speak for Obama's transition team, Schiff...
Behind the scenes, Obama's team is struggling to get a handle on Hartmann's plans for bringing the Gitmo suspects to justice. Several days ago, a team of Obama legal advisers quietly met at the Pentagon with Hartmann and others involved in the Guantánamo trials, sources tell TIME. Hartmann vigorously defended them, arguing that they should continue regardless of the change in administrations. Though specifically asked to do so, Hartmann declined to discuss legal alternatives to the trials, a topic Obama's representatives had been eager to explore...
...rules under consideration would make it easier for government prosecutors to gather evidence that could be used to build cases against the suspected terrorists. One proposal calls for getting rid of the "psychotherapist-patient privilege" for Guantánamo prisoners because, as the document explains, it "greatly restricts the government's access to mental health records." The same argument is made for the "physician-patient privilege" so that detainee medical records might be used at trial. The U.S. Supreme Court has long upheld both privileges for Americans under most circumstances...
...second proposal argues that prisoners at Guantánamo should be compelled to attend their own trials because "the government has a legitimate interest in the accused's presence ... [in part to promote] the appearance and actuality of legitimacy in the proceedings." A variety of legal analysts told TIME that such a policy could mean the forcible extraction from cells of Guantánamo prisoners who might refuse to attend trial, as some have indicated they will...