The new system would limit the use of hearsay, ban evidence gained from cruel treatment, give defendants more latitude to pick their own lawyers and provide more protection if they do not testify....Hearsay can be used if it's reliable, but of course, you see the difference.
Even with the additional rights Mr. Obama is proposing, defendants would still not enjoy the same protections as in civilian courts. Hearsay, for example, is generally not allowed in American courts. In Mr. Bush’s military commission system, it was allowed unless the defendant could prove it was unreliable. Mr. Obama’s plan would shift the burden, allowing its use only if the prosecution can prove its reliability.
May 15, 2009
Campaigning, Obama said Bush's military commissions were "an enormous failure" and promised to "reject the Military Commissions Act."
But — I've said it before, and I'll be saying it many more times — Obama is like Bush. He's keeping the commissions. Oh, yes, he's making a show of tossing in a little more process.... Must make it seem that he's not exactly like Bush...