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(单词翻译:双击或拖选)
Thorny1 Issues Surround Military Terror Tribunal at Guantanamo
The Obama Administration recently reversed a decision about the trial venue2 for alleged3 9/11 mastermind, Khalid Sheikh Mohammed. He and four alleged co-conspirators now face justice in a military tribunal at Guantanamo Bay, Cuba, not a civilian4 federal court on the U.S. mainland. There is controversy5 over how the decision was reached and its possible legal ramifications6.
Attorney General Eric Holder7 said earlier this month that he opposes a military tribunal for Mohammed. But Holder said he finally agreed to a military tribunal only reluctantly because of Congressional resistance to a federal civilian trial.
"I know this case in a way that members of Congress do not. I've looked at the files. I've spoken to the prosecutors8. I know the tactical concerns that have to go into this decision, so do I know better than them? Yes. I respect their ability to disagree, but I think they should respect the fact that this is an executive branch function," said Holder.
In January, lawmakers passed a law prohibiting the use of federal funds to transfer defendants9 from Guantanamo to the United States. Holder acquiesced10, saying the administration cannot allow further delay of the trial, because family members of 9/11 victims have waited nearly a decade for justice.
Alexander Santora, is the father of firefighter Christopher Santora, who perished in the 9/11 attacks. "We should be in the sentencing stage, we should have been in the sentencing stage when they shut it down, and here we are starting from square one. It just boggles my mind," he said.
Critics say a military tribunal could actually delay justice. Hina Shamsi, Director of the National Security Project at the American Civil Liberties Union, said military tribunals have lower standards that do not meet U.S. constitutional and due process requirements.
"Because they have lesser11 protections with respect to admission of secret evidence, admission of hearsay12 evidence, and in some circumstances evidence that has been obtained through coercion13, they're going to be challenged on structural14 and evidentiary grounds as well," said Shamsi.
Defendants convicted in military trials have the right of appeal, all the way to the U.S. Supreme15 Court. The process can take many years.
Annemarie McAvoy, adjunct law professor at Fordham University, said certain civilian due process procedures are not feasible in terror trials. One is the constitutional right to a speedy trial.
"In the United States, you have a right to an attorney. How can you get an attorney to Afghanistan on a battlefield within an hour or a day? You can't. Especially an attorney who is familiar with whatever the process is in the United States and who can speak the particular language that that person speaks,"? she said.
McAvoy adds that unlike civilian trials, military tribunals can present evidence without the suspect knowing how it was obtained in order to protect intelligence sources.
"In the United States, the problem is, you also have a right to all of the information without any sort of filter for whether it's national security information or not, which means that in the U.S. system, on our grounds, that could really hurt us," said McAvoy.
McAvoy said a terror trial in New York also exposes the city to additional risks of attack. Shamsi disagrees.
"Hundreds of terrorism cases have been tried in the federal courts without posing undue16 risk to American security," Shamsi said. "In fact, it's the kind of risk that the American judicial17 system and security system knows well how to address, as shown by the fact that these trials have taken place."
Adding to McAvoy's concerns about security issues are complaints by New York Mayor Michael Bloomberg about the city's cost of securing the trial. Shamsi counters that Guantanamo exacts a price, nonetheless, by damaging America's global image, because President Obama promised to close the controversial facility.
These are some of the thorny issues underpinning18 the trial of Mohammed and his four alleged co-conspirators. Holder said it was unclear whether the suspects could be sentenced to death if they pleaded guilty in military court.
1 thorny | |
adj.多刺的,棘手的 | |
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2 venue | |
n.犯罪地点,审判地,管辖地,发生地点,集合地点 | |
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3 alleged | |
a.被指控的,嫌疑的 | |
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4 civilian | |
adj.平民的,民用的,民众的 | |
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5 controversy | |
n.争论,辩论,争吵 | |
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6 ramifications | |
n.结果,后果( ramification的名词复数 ) | |
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7 holder | |
n.持有者,占有者;(台,架等)支持物 | |
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8 prosecutors | |
检举人( prosecutor的名词复数 ); 告发人; 起诉人; 公诉人 | |
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9 defendants | |
被告( defendant的名词复数 ) | |
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10 acquiesced | |
v.默认,默许( acquiesce的过去式和过去分词 ) | |
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11 lesser | |
adj.次要的,较小的;adv.较小地,较少地 | |
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12 hearsay | |
n.谣传,风闻 | |
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13 coercion | |
n.强制,高压统治 | |
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14 structural | |
adj.构造的,组织的,建筑(用)的 | |
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15 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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16 undue | |
adj.过分的;不适当的;未到期的 | |
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17 judicial | |
adj.司法的,法庭的,审判的,明断的,公正的 | |
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18 underpinning | |
n.基础材料;基础结构;(学说、理论等的)基础;(人的)腿v.用砖石结构等从下面支撑(墙等)( underpin的现在分词 );加固(墙等)的基础;为(论据、主张等)打下基础;加强 | |
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