{"id":527708,"date":"2010-04-14T16:54:31","date_gmt":"2010-04-14T20:54:31","guid":{"rendered":"http:\/\/washingtonindependent.com\/?p=82282"},"modified":"2010-04-14T16:54:31","modified_gmt":"2010-04-14T20:54:31","slug":"we-still-don%e2%80%99t-know-which-detainees-get-tried-in-which-kind-of-system","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/527708","title":{"rendered":"We Still Don\u2019t Know Which Detainees Get Tried in Which Kind of System"},"content":{"rendered":"

One lingering question from today’s Senate hearing with Attorney General Eric Holder<\/a> is just how the Justice Department determines which terror suspects get tried in a criminal court and which get tried in a military commission. It’s a persistent uncertainty: David Kris and Jeh Johnson, the two senior-most officials at Justice and the Pentagon for determining this question, didn’t have a coherent or clear answer when they testified about revisions to the military commissions system last summer<\/a>. Holder’s answer today, to the extent he gave one, was that those decisions are made on a case-by-case basis, which is an elision. And elisions just raise the cynical suspicion that the real criterion is whether there’s a strong case against someone — if there is, he’ll be tried in criminal court; if not, he’ll be tried according to the more lax process rules of the commissions; and if there’s really<\/em> no evidence to be brought in court, he’ll be held indefinitely without charge.<\/span><\/p>\n

Ari Shapiro had a piece for NPR this morning<\/a> quoting Jamie Gorelick, the former deputy attorney general and 9\/11 Commissioner, saying she heard from unnamed Justice Department sources that the department does<\/em> have a more rigorous formula for making that determination. But she didn’t know what it was. And she didn’t know why the Justice Department hadn’t released it already.<\/p>\n","protected":false},"excerpt":{"rendered":"

One lingering question from today’s Senate hearing with Attorney General Eric Holder is just how the Justice Department determines which terror suspects get tried in a criminal court and which get tried in a military commission. It’s a persistent uncertainty: David Kris and Jeh Johnson, the two senior-most officials at Justice and the Pentagon for […]<\/p>\n","protected":false},"author":4314,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-527708","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/527708","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/4314"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=527708"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/527708\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=527708"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=527708"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=527708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}