Amplitude的动态

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Not long after I posted below, SECDEF took over convening authority responsibilities for the 9/11 case and withdrew from the plea agreement. This puts the case back on the same course it was on before, theoretically headed for trial. It also destroys about 2 years of plea negotiations. 1. SECDEF’s actions were entirely proper. The commissions are modeled in part on courts-martial — hence “military” commissions. A senior commander cannot tell a junior commander how to handle a certain case. But if he disapproves, he can reach down and take the case away. That’s what he’s done here. 2. It also means he’s stuck with it for the duration of the case, as well as his successor and his successor’s successor. If he tried to send it back “down” later there would be a WAVE of litigation over that issue and the judges would likely take it seriously. 3. I have no evidence to believe the White House influenced this decision. It’s possible, but any communications on the subject would be discoverable. And disastrous. 4. Did SECDEF do this to protect the administration from being perceived as soft on terror? Maybe. It forecloses a line of attack, for sure. 5. These cases will never yield a capital conviction, so all the venom about the deal is misplaced. The evidence is burdened by the torture history. Big USG only has itself to blame. But uninformed, strong opinions are normal in America now, so why should this be any different?

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