The Department of Defense has sent congress a proposed system of trying detainees at Guantanamo, according to BBC News. Up to 80 of the 400 detainees would face the military commissions, which are described as “fair and just.” Two improvements are that evidence obtained by torture is not permissible, and detainees will be given access to all evidence used against them, even if it is classified. Of course, since absolutely none of the detainees are tortured, the first one won’t really be a change at all.
At the judge’s discretion, evidence obtained “by coercion” will be permitted if it is from before December 2005, because evidence from before then is specialer.
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