As the United States restarts its effort to prosecute — and ultimately execute — five detainees accused of conspiring in the Sept. 11 attacks, it has fallen to Brig. Gen. Mark S. Martins both to prove them guilty and to show the world that the tribunal system is now legitimate....Martins attended Harvard Law School and worked alongside Obama the law student at the Harvard Law School. Obama, as a senator and presidential candidate opposed Bush's military commissions "which the Supreme Court struck down because Congress had not authorized them, and he voted against the Military Commissions Act of 2006, which revived them."
The five had been arraigned at Guantánamo Bay before, in 2008, but the Obama administration shut that case down upon taking office, then tried to move it to federal court in New York, before surrendering to a political uproar.
As he reboots the case, General Martins is also trying to rebrand the system by emphasizing changes that Congress made in 2009 — notably, a higher bar to “hearsay” evidence and a prohibition against using statements made during cruel or degrading treatment. Obama administration officials echo those arguments, saying that the current tribunals are fair, unlike those during the Bush administration...
May 4, 2012
The NYT reports: