William Haynes, who wrote some of the most reprehensible legal advice in the Bush admin’s swirling black hole of legal thinking, will not supervise the Guantanamo “trials” after all. Telegraphing that he won’t have any acquittals at his trials might have something to do with it.
“I said to him that if we come up short and there are some acquittals in our cases, it will at least validate the process,” Davis continued. “At which point, [Haynes’s] eyes got wide and he said, ‘Wait a minute, we can’t have acquittals. If we’ve been holding these guys for so long, how can we explain letting them get off? We can’t have acquittals, we’ve got to have convictions.'”
Of course we didn’t permit torture confessions at Nuremberg. In fact I don’t think that we tortured anyone at all. And apparently we had some presumption of innocence back then. But other than that and political appointees constantly interfering with and overruling professional military lawyers you could barely slip a plastic card between Nuremberg and our Guantanamo hangin’ party.