Grimmelmann on Guantanamo Bay

The detention centers at Guantanamo Bay have always bothered me, but perhaps the worst part will be the military comission reviewing the status of those held there. This is the point at which justice can be sought and reason, based on the foundations of our government and legal system, can interecede. The outlook is not good. James Grimmelmann compares trial transcripts from 1554 and Guantanamo Bay. You should check out this brief examination to see the direction our government is unabashedly headed.

The most notable difference in procedure between the commission that tried Nicholas Throckmorton and the one that tried Mustafa Ait Idr is that Nicholas Throckmorton was tried before a jury. The second most notable difference is that Throckmorton was allowed to learn the names of his alleged co-conspirators. It does not speak well of the Guantanamo commissions that they come out on the losing side in a comparison with Bloody Mary’s treason trials.

Thanks to Steve for bringing this to my attention.