by TChris

Responding to the Supreme Court's reminder that the executive branch of government does not possess limitless and unreviewable power, the Pentagon has begun to demonstrate a repect for due process that is half-hearted at best.

The Pentagon said on Wednesday it was creating panels of U.S. military officers to review whether Guantanamo prisoners were being held legally and would notify them within 10 days of their right to challenge their detention in U.S. courts.

The detainees aren't given access to lawyers for proceedings before the tribunal. They are given the assistance of a military officer (kinda like the practice of assigning prison guards as advocates for inmates who use a prison's grievance system) but the officer isn't required to have legal training.

The degree to which detainees will be allowed to confront witnesses and to present evidence is unclear, although detainees will apparently be allowed to call witnesses. Whether the proceedings will be open to public scrutiny is undecided.

If the review system has the customary procedural safeguards that attend a serious hearing or trial, and if it can be adequately navigated with the help of someone who lacks training and experience as an advocate, the Pentagon's respect for due process will be determined by the willingness and ability of the panelists to provide a review that is both neutral and meaningful. Nothing in the administration's attitude to date suggests that it wants detention decisions reviewed by fair and independent minds.

The review may produce the release of the most embarrassing cases -- the ones that would be sure losers in court. The rest of the detainees will have to seek relief in federal court, where they can hope to have an impartial review of their imprisonment.