Pentagon lawyers challenge Bush plan

Say detainees need access to evidence

September 08, 2006|Associated Press

WASHINGTON -- The Pentagon's top uniformed lawyers took issue yesterday with a key part of a White House plan to prosecute terrorism detainees, telling Congress that limiting the suspects' access to evidence could violate treaty obligations.

Their testimony before a House committee marked the latest time that military lawyers have publicly challenged Bush administration proposals to keep some evidence -- such as classified information -- from suspects accused of terrorism. In the past, some military officials have expressed concerns that if the United States adopts such standards, captured American troops might be treated the same way.

The lawyers' testimony contrasted with the panel chairman's assertion that the United States must take a harder line when prosecuting terrorists. Representative Duncan Hunter, who heads the House Armed Services Committee, said any military commission established to prosecute terrorists must allow the government to protect intelligence sources. In saying so, the California Republican aligned himself with the White House position.

Hunter presented the military lawyers with scenarios in which it might be necessary to withhold evidence from the accused if it would expose classified information. But the service's top lawyers said other alternatives must be explored -- or the case dropped.

``I believe the accused should see that evidence," said Major General Scott Black, the Army's judge advocate general.

Black and the other lawyers said such an allowance was a fundamental right in other court systems and would meet requirements under the Geneva Conventions.