Obama reforming Military Tribunals to try detainees

President Obama has issued a statement declaring that he will re-establish Military Tribunals to try some of the detainees held at Guantanamo Bay, with some reforms to the Commission to ensure that it be “restored as a legitimate forum for prosecution.” The commissions will be held in addition to prosecution using Article III courts. The Secretary of Defense will be notifying congress of the rule changes to govern the commission to ensure that the proceedings fall in line with the rule of law. Rule changes to the Commission are to be in place to ensure that statements made by detainees obtained using cruel or inhumane methods will be not be admitted as evidence in the proceedings, hearsay will be limited and the accused will have more freedom to select counsel. Also, basic protections will be given to those who refuse to testify. Another rule reform is that military commission judges will be allowed to establish the jurisdiction of their courts.

President Obama, who objected to the Military Commissions Act drafted by the Bush administration, presents these reforms to the commission hoping it will establish legal framework.

Is this opening up the Federal Courts to bring criminal charges against those detainees who will not be tried under the Military Commission, as certainly some type of legitimate legal process must be undertaken, if we are certainly to follow the rule of law.