http://www.zmag.org/content/showarticle.cfm?SectionID=72&ItemID=10902With great fanfare, George W. Bush announced to a group of carefully selected 9/11 families yesterday that he had finally decided to send Khalid Sheikh Mohammed and 13 other alleged terrorists to Guantánamo Bay, where they will be tried in military commissions. After nearly 5 years of interrogating these men, why did Bush choose this moment to bring them to "justice"?
Bush said his administration had "largely completed our questioning of the men" and complained that "the Supreme Court's recent decision has impaired our ability to prosecute terrorists through military commissions and has put in question the future of the CIA program."
He was referring to Hamdan v. Rumsfeld, in which the high court recently held that Bush's military commissions did not comply with the law. Bush sought to try prisoners in commissions they could not attend with evidence they never see, including hearsay and evidence obtained by coercion.
The Court also determined that Common Article 3 of the Geneva Conventions applies to al Qaeda detainees. That provision of Geneva prohibits "outrages upon personal dignity" and "humiliating and degrading treatment."