Andrew Rosenthal discusses the marginalization of the military lawyers in the Bush administration.
Normally, the civilian policy makers would have asked the military lawyers to draft the rules for a military prison in wartime. The lawyers for the service secretaries are supposed to focus on issues like contracts, environmental impact statements and base closings. They're not supposed to meddle in rules of engagement or military justice. But the civilian policy makers knew that the military lawyers would never sanction tossing the Geneva Conventions aside in the war against terrorists. Military lawyers, Mr. Johnson said, "tend to see things through the prism of how it will affect their people if one gets captured or prosecuted."
They've been putting up a noble fight to restrain the claims of unlimited power coming from the White House, and policy changes that threaten our men and women in uniform. I hope that the Senate will carefully consider their concerns during the coming confirmation hearing for Alberto Gonzalez.
Posted by armand at December 30, 2004 05:15 PM | TrackBack | Posted to Law and the Courts