Secret Trials and Executions Military Tribunals and the Threat to Democracy

by Olshansky, Barbara

• ISBN13: 9781583225370
• ISBN10: 1583225374
• Format: Paperback
• Copyright: 2002-04-02
• Publisher: Seven Stories Press

Summary

"Olshansky lays out a skillful argument which, point by point, shows how the war on terrorism' at home amounts to a declaration of war on the Constitution itself."-"Criminal Defense Weekly" Since President Bush's executive order establishing military tribunals was first issued, U.S. courts have now ruled that Guantanamo Bay, the largest site of prisoners facing tribunals, is outside their jurisdiction. The rules governing the tribunals have been established and the first defendants named. In this update Olshansky provides Constitutional analysis of this verdict and its consequences for due process and equal protection under the law. Barbara Olshansky is the assistant legal director of the Center for Constitutional Rights.

Author Biography

BARBARA OLSHANSKY is the Leah Kaplan Distinguished Professor in Human Rights at Stanford University.

Table of Contents

A Military Order is Signed	p. 7
To Whom Does the Military Order Apply and What Types of Trials Does It Permit?	p. 11
What Are the Legal and Historical Grounds for the Military Commissions Created by the President's Order?	p. 36
America's Foreign Policy With Regard to the Use of Military Tribunals	p. 54
Conclusion	p. 59
Notes	p. 63
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