Word: trialing
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After years during which prisoners were held without trial, the question is whether this surge in prosecutions and publicity is a case of due 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...
...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...
...This week the 9/11 trial judge is expected to hear more testimony that Hartmann improperly interfered in that case, stressing political arguments and headline-grabbing tactics in preparing the case for trial. Guantánamo's former chief prosecutor, Air Force Colonel Morris Davis, has also described under oath how Hartmann wanted to try "sexy" cases with "blood on them" to attract public attention and vindicate the camp's legal process. Hartmann denied that charge in an interview with TIME several months...
...their purported crimes is lacking. On January 26 - six days after Obama's inauguration - a Guantánamo court is scheduled to begin hearing the case of Omar Khadr, who was taken into custody by American forces at age 15. He will be the first "child-soldier" to face trial as a war criminal in American history...