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Mililtary 'commissions' will try detainees

A detainee held at the U.S. Navy base at Guantanamo Bay, Cuba.

WASHINGTON (CNN) -- U.S. Defense Secretary Donald Rumsfeld offered details on Thursday about proposed commission courts that would consider charges against al Qaeda and Taliban suspects held by the United States.

Rumsfeld, speaking at a Pentagon news conference, said the new rules and procedures were designed to protect Americans from future attacks, while allowing charged suspects the rights and privileges he said they deserve.

"The accused will enjoy a presumption of innocence," Rumsfeld said.

The Pentagon has decided to call the panels "commissions" rather than "tribunals" as originally envisioned, believing the new designation will be less contentious, military officials said.

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Rumsfeld has said the United States wants to hold as few commission proceedings as possible, reserving the process for the most senior al Qaeda and Taliban leaders. Other detainees may be returned to their home countries for prosecution or will continue to be held in U.S. custody.

The process will be similar to a military court martial in several respects. It will be open. The accused will be presumed innocent. Defendants must be found guilty beyond a reasonable doubt. They will have a right to an attorney and to see any evidence against them. Panel members will have to unanimously vote to impose the death penalty.

But there are some differences: The panel can decide to admit hearsay and secondhand evidence; and while the accused will have the right to appeal, appeals will go to a military review board -- not the federal courts.

"I think at the end of the day, people are going to feel pretty good about this system, designed for very unusual circumstances," Pentagon spokeswoman Victoria Clarke said on Wednesday. "And I am confident they are going to say, 'You know, this is based upon the principles that we really care about.' "

Others are not so sure. Rep. John Conyers, D-Michigan, said what he's heard so far raises troubling concerns about the commission's impartiality.

"They want to get easier convictions," said Conyers, the ranking Democrat on the House Judiciary Committee. "When you have a military tribunal, there are very few people who don't get convicted in them just as a matter of course."

Conyers and others say they're worried the commissions could set a precedent that might subject U.S. troops captured in the future to kangaroo courts.

The Pentagon has started briefing lawmakers about the process, and, sources said, the United States soon plans to begin notifying allies of its plans. Officials emphasize it could be months before any commissions are held, and President Bush has yet to name anyone he thinks should stand before a commission.

Rumsfeld said he will be the convening authority and will select "judges," who then will become the "appointing authority." This appointee will assemble jurors, prosecutors and defense counsel. All will be active duty military personnel.

Senior administration sources provided other details of how these military courts will operate:

A senior defense official said the decision on media access was reached by broad agreement throughout the Bush administration, which has cited security concerns related to the trials.

Military judges for each trial will have wide discretion in setting up the commissions to meet any security concerns. For example, the identities of some panel members and some details of court proceedings may be kept from the public.

Rumsfeld has said he anticipates criticism of the proceedings, but he's cited security as a top priority. Pentagon officials note security protection still surrounds some members of the trial from the 1993 bombing of the World Trade Center.

Both liberal and conservative critics have assailed the proposed commissions, saying they are too far-reaching and compromise American principles. Bush has defended the plan, saying it is "the absolute right thing to do" to maintain national security and to spare criminal court jurors from potential harm.

It has not been decided where the commissions will be held. However, officials have indicated that Guantanamo Bay, Cuba, is a likely location because it is highly secure and it will keep the proceedings outside the jurisdiction of the U.S. criminal court system.

CNN Correspondents Barbara Starr, Jamie McIntyre, Andrea Koppel and Producer Elise Labott contributed to this report