PSA: military commissions are entirely constitutional under the Geneva Conventions

[Unsane]

And the current scheme as designed in the MCA of 2006 has not been invalidated (though a section suspending habeas rights has been rejected) and was designed to follow the SCOTUS's guidance in its Hamdan decision.

This really comes down to efficiency. I would rather alien enemy combatants, who are captured on foreign ground, be tried by this system instead of brought to the US, tried in a federal court, and given a full jury trial.

[IndianaGreen]

1. I didn't know the US Constitution had an Efficiency Clause

Obama vs Bush: How tribunals compare

DIFFERENT

*A ban on all evidence gleaned through cruel or inhumane means, including waterboarding

*More leeway for detainees to select their defence, although still restricted to military lawyers

*No prejudice against defendants if they choose not to testify

SAME

*Guantanamo to remain trial venue

*Military lawyers will still provide defence services for the detainees

*Accused will still not have access to all evidence used against them

*Detainees will still not have access to the two traditional branches of US law, the civilian court system and the Uniform Code of Military Justice

http://www.independent.co.uk/news/world/americas/obama-risks-wrath-of-his-liberal-base-1685722.html

[grantcart]

2. Your fourth point is misleading

Gitmo defendents obviously do have access to the civilian court system on appeal, which they have repeatedly used and won everytime they have taken on the Bush Administration.

[rug]

3. Can you cite to the specific Protocol thal allows them?

(BYW the word constitutional is meaningless in reference to the Geneva Conventions.)