MILITARY TRIBUNALS - THE SENATE IS LOSING IT AGAIN

The United States Senate and the House have been debating in Commitee, legislation that will place guidlines on the various survelience programs and setting the procedures for the military tribunals against terrorist detainees. One of the contentions between the Senate and House versions of the tribunal procedures is the handling of evidence and classified information both of evidence, intelligence gathering that garnered the evidence and covert agents that gathered the evidence. In the House version if the evidence against the terrorist compromises intelligence capabilities or the identity of the agent who garnered the evidence then the details of that evidence will not be available to the defense teams and the terrorist just the evidence that brings the charge against him. In the Senate version all protection of both agents and intelligence gathering are set aside and every detail is required to be given to the defense and the terrorist. The Senate version requires that not only all of the information about where, when , how and what means was used in gathering the evidence but the full identity and status of the covert agent who gathered the intelligence and all sources which contained the evidence. Revealing this much in detailed information to the defense and the terrorist not only compromises the agent and renders him useless as an agent because his identity and his sources must be revealed but the revelation of how he gathered the information compromises covert intelligence programs and contacts which not only endangers existing intelligence but destroys the capability of using a source or an avenue for intelligence gathering in the future. In the Senate version even if the evidence is part of an ongoing investigation all of the detail of that investigation is required to be revealed to the terrorist and his defense team. It staggers the imagination to think that members of The United States Senate who are supposed to be our most sophisticated elected body can design legislation that will destroy intelligence capabilities, reveal covert agents and thus cripple our intelligence abilities against an enemy in a time of war, or any other time for that matter. Additionally where is the media out burst about this intelligence violation ? The New York Times had no hesitation in revealing to the world US intelligence programs yet when the Senate is doing exactly the same thing they have no comment. Where is the outrage about the , "outing, " by Senate design of covert agents ? The media was quick to cry about the supposed , "outing , " of an agent, (Valerie Plame), who proved to not only be non-covert but whose revelation source, (Richard Armitage), had nothing to do with those, (Karl Rove and , "Scooter, " Libby), who the media went after with a vengence. Yet by design the Senate IS requiring the identification of covert agents be handed over to terrorists as part of their defense in the course of a military tribunal. Their have been many times in the past that I have accused the Senate of losing it collective mind but this particular incident pales in comparison to the past. I believe that during the course of the tribunals these terrorist though never concerned about the rights of those they killed or the rights of those killed by plans such as 9/11 that they created should have the right of a good defense as was evidenced in the benchmark of tribunals, the Nuremburg trials against Nazi war criminals. They should have access to the evidence that is being brought against them through indictments which will be given them. But that access should not contain details of the programs that gathered the evidence nor the indentity of agents and their sources who gained the evidence through intelligence gathereing. Even in a United States court of criminal law it is not required for law enforcement to reveal their sources nor their methods of gathering evidence. As long as the evidence in criminal court is gathered by legal means it is presentable in court. If the gathering of that evidence is questionable then it is thrown out before presented as evidence. Still the sources or means of gathering are not required to be revealed. But our glorious Senate is requiring that this , "right, " be given to terrorists and thus destroying intelligence abilities and agents identities. This Senate version still has to go before House and Senate commitees to come to a compromise between the two chamber versions. Let's hope the collective, "wisdom, " of the compromise committee has the scense to realize that though rights must be protected they should not allow the compromising and destruction of national security and those whose perform the task of protecting this nation.

Ken Taylor