I'm inclined to agree that military commission can be an appropriate forum for handling these cases if structured properly. The administration official who claimed that the hearsay is not a deeply rooted American value, however, is flat wrong.

The hearsay rule most definitely protects rights that are deeply rooted in American values. In a criminal proceeding, the hearsay rule protects the defendant's constitutional right to confront his accusers (U.S. Constitution, Amend. VI). It is also vital for ensuring that evidence is reliable. All of us remember playing the "whisper around the circle" game as children, and we all remember how distorted the message became after being passed around the circle. Would you want to be convicted on a evidence that was whispered around the circle? That's what the hearsay rule protects you against.

That said, there are appropriate exceptions to the hearsay rule. These apply when its necessary to use hearsay and the hearsay has indicia which suggest its reliable. I find it quite reasonable to suggest that there may need to be special hearsay rules for these proceedings. Its vital, however, that the defendants have an opportunity to confront their accusers and that any hearsay admitted have adequate indicia of reliability.

We don't punish people in this nation when we aren't certain that they are guilty. We choose to take the risk of letting the guilty go free ove the risk of condemning the innocent. That risk is one of the prices of our freedom. I can think of no value that is more deeply rooted in our nation's history.