PERHAPS THE Bush administration has said it before. But never as starkly or forthrightly as last week, when it explained the real impediment to trying the 450 Guantnamo Bay detainees under the Uniform Code of Military Justice, the legal system used throughout the military for a little more than half a century.
The problem, the Pentagon’s principal deputy general counsel, Daniel Dell’Orto, told the Senate Judiciary Committee is simple: The UCMJ’s standard of justice is too high-”more solicitous of the rights of the accused than our civilian courts.
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