Thursday, June 19, 2008

ONuremberg

The charter provision on the appeal rights of the Nuremberg defendants was short
and sweet. There weren't any. Article 26 was short and sweet: "The judgment of
the Tribunal as to the guilt or the innocence of any Defendant shall give the
reasons on which it is based, and shall be final and not subject to review."

In short, the procedural protections afforded the Guantanamo detainees under
the statute before the Supreme Court in Boumediene substantially exceed
those accorded the Nuremberg defendants. Obama's unfavorable comparison of the
legal treatment of the Guantanamo detainees with that of the Nuremberg
defendants suggest either that he does not know what he's talking about, or that
he feels free to take great liberties with the truth.