CONTAINING LINKS TO 1280 STORIES FROM THE NETWORKS' NIGHTLY NEWSCASTS
     COMMENTS: Rules for Trying those who Cannot be Convicted

ABC may have led with the back-and-forth about torture between Speaker Nancy Pelosi on Capitol Hill and Director Leon Panetta at CIA headquarters, but the news about the Bush Administration's War on Terrorism that attracted attention on all three newscasts was President Barack Obama's decision not to abolish the military tribunals at the internment camp at Guantanamo Bay Naval Station in Cuba.

NBC's Savannah Guthrie observed that the President was clearly not proud of his decision, "leaving the news that he will restart controversial commissions to try terror suspects to a written statement." CBS' Wyatt Andrews reminded us that Candidate Obama had "promised to overhaul what he called the unfair trials" and ABC's Jake Tapper reconstructed his votes in the Senate, in which he approved of the creation of the commissions yet opposed George Bush's rules of evidence. According to NBC's Guthrie, the White House claims the revamped rules amounted to reform so sweeping that "they will not resemble the commission system under President Bush." Evidence obtained by illegal interrogation will be inadmissible; hearsay evidence will be limited; the right to remain silent will be honored.

Tribunal defendants will be the detainees with the weakest prosecution case against them, ABC's Tapper explained, those against whom the administration "does not think that the evidence would withstand the scrutiny of a United States criminal court or, for that matter, a court martial." CBS' Andrews estimated that "at least 20" of the remaining detainees, ones deemed "too dangerous to release" will be tried that way.

As for that inadmissible evidence, NBC's Guthrie used the broad term "coercive" to describe the interrogations that would disqualify it; ABC's Tapper, unusually for his network, conceded that war crimes had likely been committed, referring to "any harsh interrogations or torture;" CBS' Andrews used the T-word too: "Evidence obtained through torture or even cruel or degrading interrogation methods would not be allowed." Thus Andrews implicitly claims that cruel questioning does not qualify as torture.


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