Many of the procedural safeguards that are provided to a defendant in a criminal trial are not available to those tried in military commissions, or are present in attenuated or modified form. Thus, for example, military commissions offer no right to a speedy trial and may allow hearsay into evidence.
These and numerous other distinctions between the two judicial frameworks were helpfully tabulated in a new report from the Congressional Research Service. See “Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court,” November 19, 2009. Related information on the rights of detainees in a criminal prosecution was discussed in “Closing the Guantanamo Detention Center: Legal Issues,” updated November 17, 2009.
This rule gives agencies significantly more authority over certain career policy roles. Whether that authority improves accountability or creates new risks depends almost entirely on how agencies interrupt and apply it.
Our environmental system was built for 1970s-era pollution control, but today it needs stable, integrated, multi-level governance that can make tradeoffs, share and use evidence, and deliver infrastructure while demonstrating that improved trust and participation are essential to future progress.
Durable and legitimate climate action requires a government capable of clearly weighting, explaining, and managing cost tradeoffs to the widest away of audiences, which in turn requires strong technocratic competency.
FAS is launching the Center for Regulatory Ingenuity (CRI) to build a new, transpartisan vision of government that works – that has the capacity to achieve ambitious goals while adeptly responding to people’s basic needs.