Pentagon Forbids Marine to Testify
By Jess Bravin
WASHINGTON -- The Bush administration blocked a Marine Corps lawyer from testifying before Congress today that severe techniques employed by U.S. interrogators derailed his prosecution of a suspected al Qaeda terrorist.
The move comes as the administration seeks to tamp down concerns about detainee policies that flared up after attorney general-designate Michael Mukasey declined to tell senators whether he believes that waterboarding, or simulated drowning of prisoners, constitutes torture. The debate has focused on whether severe interrogation practices, some of which critics consider to be torture, are legal, moral or effective.
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In a House Judiciary subcommittee hearing today, Lt. Col. V. Stuart Couch, a former Guantanamo Bay prosecutor, was set to testify regarding another concern that has long troubled uniformed lawyers: Regardless of their accuracy, statements obtained under torture or certain other forms of duress are inadmissible in legal proceedings. Because most evidence against Guantanamo prisoners comes from detainee statements, convictions hinge on whether they can be used in court….Yesterday, however, he was advised by email that the Pentagon general counsel, William J. Haynes II, “has determined that as a sitting judge and former prosecutor, it is improper for you to testify about matters still pending in the military court system, and you are not to appear before the Committee to testify tomorrow.”
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