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One of the most important differences between the military commissions system & civilian court is that hearsay is more likely to be admissible in the former. In the Nashiri/Cole case that is now taking center stage, as @carolrosenberg reports./1 nytimes.com/2022/10/29/us/politics/uss-cole-bombing-case.html?smid=nytcore-ios-share&referringSource=articleShare
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As I wrote in 2009, when Obama admin decided to reform/keep rather than jettison commissions, the prospect of hearsay evidence vs Nashiri was a key factor. A complexity is that he can probably only get a trial at all in a venue where hearsay is allowed. /2 nytimes.com/2009/12/01/us/01cole.html
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Obama’s decision outraged civil libertarians (tho no trial for Nashiri probably meant POW-style detention without trial forever). But instead of show trials, as ACLU types feared, the system instead proved not to work: 13 years later, Nashiri is still stuck in pretrial hearings.