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Beth Van Schaack: Guantánamo hearing shows stark deficiencies of military justice – Mercury News

On November 20, 2011, the Silicon Valley Mercury News featured an opinion piece by Beth Van Schaack of the National Institute of Military Justice.  Ms. Van Schaack visited Guantanamo Bay Naval Base for a week to observe the arraignment of alleged terrorist, Abd al-Rahim al-Nashiri.

In her piece, Van Schaack criticized the proceeding as a "fundamentally flawed military commission system."  The principle argument that she raises is that the substance of the motions that were raised would "never have been filed in a U.S. court."  Specifically, Van Schaack noted that both parties argued the merits of whether "the jurors on the commission should be told that al-Nashiri will likely continue to be detained as an enemy combatant."  Ultimately, Van Schaack concludes by arguing that prosecution in a federal court is the better alternative.

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