A large part of the argument for the tribunals is dependent on 
precedent - the trials of Nazi spies, the tribunals during the Civil 
War and those during the revolution.  It occurs to me that while 
precedent is useful as a guideline, we would become hopelessly 
stagnant if we allowed ourselves to be constrained by it.  In my 
opinion, the Civil War and Revolutionary War examples have little 
bearing on the present.  The latter was pre constitution and the 
former was precipitated by a civil conflict that pitted perhaps a 
quarter to a third of the population against the rest.  That leaves 
the trial of the Nazis as a recent, useful precedent.

Those trials (or perhaps that trial if all the defendants were tried 
together) occurred well over 50 years ago so we have to ask 
ourselves how well it applies to the world today.  The U.S. is the 
dominant world power and is at least loosely allied with most (if 
not all) of the rest of the industrialized world.  Due to 
technological advances, the nations of the world have become a 
community far beyond that which existed 50 or even 25 years ago. 
The world has changed much since the last great war.

So are secret military tribunals necessary?  We have to ask 
ourselves how it will advance our cause - the war on terror - how it 
will appear to those in the international community and perhaps most 
importantly, what kind of precedent it will set for future generations.

I have to believe that some sort of international forum would be far 
more constructive than the one that the Bush administration has 
chosen.  We may not get our full measure of vengeance, but vengeance 
is a rather non Christian notion for a nation that claims to be 
Christian.  I think that justice would substitute nicely for vengeance.

As for the requirement for secrecy, I think that there are probably 
ways to conceal what must remain secret and still hold the trials. 
Secret International Tribunals - the transcripts of which would 
become available after a given period of time?

I guess I just think that trials held behind closed doors by the 
military of one nation, whomever that nation might be and whatever 
the circumstances might be, don't hold to the standards of justice 
to which we have become accustomed.  I think that there are probably 
reasonable alternatives and that it wouldn't be injurious to at 
least explore some of these.

As for constitutional rights; perhaps we are not responsible for 
extending those rights we afford ourselves to the citizens of other 
countries, but we have arrested and are holding hundreds of people, 
with little or no evidence of guilt, that were living or visiting 
our country.  I think that it is appropriate to extend our rights to 
people arrested in our country.  If we think there is a possibility 
that some of them are involved in terrorist activities, we have the 
option of deporting them and alerting their country of our suspicions.

So in summary, precedent is important, but I think it's more 
important to insure or actions are appropriate for current 
circumstances than to find justification for them in what has 
happened in the past.

-- 
Doug

email: [EMAIL PROTECTED]
http://www.zo.com/~brighto

Irreverence is the champion of liberty.
Mark Twain - Notebook, 1888


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