Even in the military, the secretary of defense cannot change the rules and procedures for criminal prosecutions and tell military judges how to try cases, writes Andrew P. Napolitano.
In a traditional trial of the Gitmo defendants, versus a plea agreement, George W. Bush et. al. could be indicted and tried in foreign countries for war crimes, writes Andrew P. Napolitano.
Andrew P. Napolitano on a state of affairs unheard of in American jurisprudence, where judges don’t have bosses telling them what guilty pleas to accept and what to reject.