The rule of law depends on, among other things, being represented by counsel. Counsel that is competent and free of intimidation. That's why the article linked to in this entry's title is so troubling.
Apparently the United States has been holding an Australian man named David Hicks for almost five years. Originally he was charged with three charges relating to terrorism, attempted murder, aiding the enemy, and conspiracy to commit war crimes. Those three charges have been reduced to one charge, providing material support to terrorists, which wasn't even a crime for Americans to commit until after we had seized him. He is to be tried by a military tribunal and is being represented by Major Michael Mori, a U.S. Marine.
Now Major Mori may be charged with crimes under the Uniform Code of Military Justice by the lead prosecutor, Colonel Morris Davis. Apparently it is a crime under the UCMJ to use contemptuous language toward the President, the Vice President, or the Secretary of Defense. This crime is punishable by imprisonment. Obviously this will impede Major Mori's ability to conduct a defense of David Hicks. It would seem that even if Major Mori is guilty of this offense, Colonel Davis could have waited until after the Hicks trial, which is due to start fairly soon, to charge him.
This case, by the way, is receiving a lot of attention in Australia. It is not doing the US's image with the Australians any good and hurts our reputation as a nation that believes in the rule of law, even for its enemies.
Sunday, March 04, 2007
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1 comment:
I'm in Austraia. Thanks for helping to spread the word about Hicks' plight.
I noticed during the last 48 hours that the American News services have not been picking up the story about the threats to Major Mori, but they carry most other stories.
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