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03.31.07 -- 10:16AM
By David Kurtz

The case of Gitmo detainee David Hicks of Australia is a travesty on so many levels, but consider the following terms of his plea bargain:

The deal included a statement by Mr. Hicks that he “has never been illegally treated” while a captive, despite claims of beatings he had made in the past. It also included a promise not to pursue suits over the treatment he received while in detention and “not to communicate in any way with the media” for a year.

Critics said those requirements were a continuation of what they say has been a pattern of illegal detention policies. “It is a modern cutting out of his tongue,” said Michael Ratner, president of the Center for Constitutional Rights, a legal advocacy group, based in New York, that is coordinating the representation of detainees in many suits challenging Guantánamo detention.

What we have here is a plea bargain in which the government leverages its vast control over the life, liberty, and body of the defendant to obtain for itself a release from potential liability for its own conduct and a one-year protection from bad PR. Truth, justice, and the Gitmo way.

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