BY Scott Horton
When the Founding Fathers looked for a model that reflected the abuses they objected to—in short what they intended to forbid by their new Constitution and Bill of Rights—they turned to an English institution, the Court of Star Chamber. It was a state security court with ancient roots which flourished under the Tudor and Stuart monarchs. The Star Chamber court operated in secrecy, was not bothered by the picky evidentiary rules that emerged in other courts, and did not believe that those appearing before it on state security charges had many rights—certainly not the right to counsel, nor even the right to conduct a defense. It relied very heavily on torture to extract the evidence it sought to convict, usually a confession—though rarely, of course, a confession with any validity, since the application of the rack would quickly get the subject to say whatever was desired, truthful or not.
No, it’s not a remake of the movie. This is the sad but true story of Al-Timimi and Omar Khadr, and the desecration of justice under Bush.
Reports have begun to circulate that the Administration has put together a group of scholars headed by a right-wing activist judge to craft legislation to introduce a new court of Star Chamber, perhaps to be floated in the coming year. As we see in the public pronouncements of the Bush Administration, accusations leveled at detainees in the war on terror are leveled for political effect, and often to parallel partisan political campaigns. If those accusations are rejected by a court, it therefore undermines confidence in the Administration and the Party. Which is why, in the Bush view of justice, a failure to convict is unacceptable. And which is why the Bush view of justice is no justice at all. … read on
Cuz if you’re really going to go pre-Habeas Corpus Act, you gotta have your own Star Chamber.
Star Chamber Revival:The Trials of Omar Khadr Pacific Free Press, Canada -Scottish & Newcastle 'star chamber' to fend off carlsberg approach The Publican, UK -
Even long arm of law can't reach absentee owners Cincinnati Enquirer, OH -
Britain and the U.S. are not shoulder to shoulder over defamation Guardian Unlimited, UK -
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UNO UPDATE: Homeland Security the Secret "Star Chamber" of Vigilantie's Justice
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