The subject of secret military tribunals has been raised here in recent months, and I've made no secret of my displeasure at such moves. It was pointed out to me that President Lincoln also did this, something I was not aware of. However, I have recently read an article in the Feb. 2002 issue of The Atlantic Monthly that discusses the World War II precedent cited by Bush for these tribunals. It gives a step-by-step account of the would-be saboteurs and their subsequent secret trial and execution. Very interesting reading for those who are interested in learning more about the Roosevelt precendent that Bush cites.
From this article, I learned some things:
1. The Lincoln use of a secret military tribunal was against a citizen of Indiana who was outspoken in his criticism of the president. That figures. Lincoln got personal in this case. Interestingly, the Supreme Court found that the defendent should get a civil trial after all. So much for this precedent.
2. The Roosevelt use of a secret military tribunal was due to Roosevelt's personal view that the 8 would-be saboteurs deserved death, and he was afraid that if they went to a civil trial they wouldn't be sentenced to death. In other words, a president got personal again. Nice to know that the old 'innocent until proven guilty in a court of law' idea got thrown right out the window. The president made it clear to the military judges hearing the case that only a death penalty was acceptable. There's justice for you...
3. I say the 'would-be' saboteurs, because none of them did anything. It wasn't even clear that they intended to do anything. They were discovered, not due to crack police work, or nifty FBI investigative work, but because they turned themselves in! Before they did anything! So why the insistence on the death penalty. Two reasons: One, the FBI wanted to make it seem that they were the ones who cracked the case, but they wouldn't have been able to keep this deception up in a civil trial. Two, the president wanted to send a message to Germany that they could not get away with things. So the would-be saboteurs who turned themselves in rather than do anything, were killed. All but two who were given life sentences in exchange for their testimony.
All of the above comes from presidential archives. The trials themselves, of course, were kept secret, so none of the facts could be known. As the president himself said, if this had gone to a civil trial, the men would not have been executed. He certainly didn't want that and, like Lincoln, went personal in a vindictive act. This time, however, and most unfortunately, the Supreme Court rolled over and didn't overturn this travesty of justice.
And THAT is what the Bush administration points to for justification for setting up secret military tribunals today. We now know what Lincoln's motives were. We now know what Roosevelt's motives were. What we don't yet know, but will someday, is what Bush's motives were. In the past, it was to get personal, or to push through injustice. Perhaps the same will happen this time. One day, we will know.
A very interesting article for anyone who would like to see the precedent Bush is using.
..From the scepter'd Isle kept free by 2 fins and 4 Merlins.