My recent columns illustrate how the Vermont Supreme Court decides criminal cases to promote the "Rule of Law." It balances police authority with constitutional rights, in order to maintain a vital free society.

Three Vermont lawyers are hoping to promote the rule of law at Guantanamo Bay, Cuba. Robert Gensburg and David Sleigh of St. Johnsbury, and Robert Rachlin of Burlington, who care deeply about the rule of law, are representing (for free) detainees at Guantanamo Bay where the U.S. Government is holding prisoners without charges, and without trials. Some have been there as long as five years. As early as 1645 the English Parliament recognized such practices are abhorrent to a civilized country. It enacted a law creating the writ of Habeas Corpus ("You should have the body"), requiring prisoners held by the King to be brought before a regularly constituted judge to determine the lawfulness of their confinement. The U.S. Constitution forbids suspension of the writ except in "cases of Rebellion or Invasion", neither of which as occurred since September 11, 2001. Moreover, the Geneva Conventions, which establish rules for civilized behavior in time of war, forbid creation of special courts to rule on prisoner status. Only regularly constituted courts can do so.

Faced with criticism, the Republican Congress, in 2005, authorized trials of detainees by Military Commissions at which they could not be present, could not have a lawyer, could not know of the evidence against them, and could not appeal. In 2006, the U.S. Supreme Court ruled that act was unconstitutional. In response, Congress passed the Military Commissions Act. Now military officers relying on hearsay evidence, can try detainees, who are permitted to have a civilian lawyer, can be at their own trial, and can present evidence. Recently, the Justice Department asserted the right to present secret evidence and sought to exclude civilian lawyers claiming they raised the hopes of detainees which created chaos at Guantanamo.

About 300 Habeas Corpus petitions will be filed in Federal Court challenging the Military Commissions. Mr. Gensburg believes that the Government resistance to fair trials is solely to avoid embarrassment over the flimsy basis for detention. Otherwise, why the fuss? The Government's repudiation of Habeas Corpus is spreading a noxious stain from "The Land of the Free" over the world. These lawyers are part of Vermont's proud tradition of fighting for civil liberties.