Electronic Writer

Lt. Cmdr. William C. Kuebler is a military lawyer for a detainee at Guantanamo Bay.

In the NY Times article, “An Unlikely Antagonist in the Detainees’ Corner,” by written by William Glaberson (published June 19, 2008), Kuebler articulates, from an insider’s perspective, my worst fears about the Military Tribunal system created by the Bush Administration.

The Bush administration’s war crimes system “is designed to get criminal convictions” with “no real evidence,” Commander Kuebler says. Or he lets fly that military prosecutors “launder evidence derived from torture.”

Ugh.

When I first read about the creation of the war crimes system (military tribunal) by the Bush Administration, I understood the goal immediatly–to create more legal grey area. If you take foreigners (or even American Citizens) and remove them from their country, and put them on soil governed by America but not in America, you have problematized some legal foundations. Some laws clearly do not apply.

In a foreign country, you would be subject to the laws of that country. On American soil, your actions would be subject to American Civil Law. However, Guantanamo Bay is NOT on American soil, and what happens there is NOT subject to the laws of Cuba. It is, legally problematic on many levels

• Justices Reject Gitmo Tribunals (USA Today)
• Bush’s Military Tribunals Violate the Law
• Tribunal System, Newly Righted, Stumbles Again (NY Times)

On a side note: Foreign laws apply to you in a foreign country UNLESS you are an American private contractor working in Iraq. They signed statements binding them to NOT be held accountable to laws of Iraq, and they are not on American soil, so they cannot be held accountable to American laws. Basically, the American private contactors in Iraq are living above and beyond the laws of ANY country. See HERE, and HERE and HERE and HERE for the consequences of such a policy–or, at least examples of some people who discovered ways to manipulate that gray area.

Lt. Cmdr. Kuebler has acknowledged the fundamental flaws of this system and rather than simply defending his client, he has attacked the flawed system.

Lt. Cmdr. Kuebler, thank you for making America a better place. You are a constitutional hero (and already in the Wikipedia).

You can read the entire NY Times article here.

In the Constitutional Hero series, Senator Ron Paul is a champion.

He has been running for President of the United States, and seeking the Republican Party nomination–and, in the process, created a HUGE momentum. He has raised unprecedented amounts of money from the Internet, gathered a large collection of supporters, and has maintained a consistent message and voting record for support (and return to) the values of the Constitution.

Now, Ron Paul has changed his focus and is running a Campaign for Liberty–which will hold a Grand Rally for Liberty on Tuesday, September 2nd.  Mark your calendars.

Watch the Video of Ron Paul on MSNBC’s show, “Morning Joe.”

Alrick Brown, Director of “Battle for America,” is a Constitutional Hero. His Video, Battle for America, is a masterpiece and a wonderful reminder of the values of America.

This video surfaced immediately after the 2004 election. Statements like, “I will deliver Ohio to you, Mr. President,” from Ohio State Voting Commissioner, Ken Blackwell, and it later coming to fruition did not sit too well with many Americans. (Many of the voting discrepancies are described by Black Box Voting.)

There was also a feeling of Helplessness. What can WE do? Ohio’s votes were counted behind closed doors under the protection of Armed Guards. It was the same feeling of helplessness that came from 2000 when Justice Scalia decided the President in the Supreme Court.

Alrick Brown responded within days to that 2004 feeling of helplessness with his video, “Battle for America.”