Advancing a Free Society

Ghailani and Military Detention, continued

Thursday, November 18, 2010

I agree with Ben and Bobby that the disappointing Ghailani verdict does not imply that the prosecution should have been brought in a military commission. As they argue, most if not all of the challenges of Ghailani’s trial would have been replicated in a commission, and a verdict in a commission would have been harder to defend on appeal.  I also agree that it is wrong to view commissions as the muscular trial option and civilian trials as the weak trial option.  The truth, if anything, is the opposite.

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