When something is irredeemably broken, the sensible course of action is to get rid of it. However, when it comes to military trials for terror suspects in the Bush administration’s “war on terror,” however broken the system is, government officials and lawmakers have repeatedly gathered round to put it back together again, and continue to [...]
Since May 2009, when President Obama first bowed to Republican pressure on national security issues, and abandoned a plan by White House Counsel Greg Craig to rehouse on the US mainland a couple of cleared prisoners at Guantánamo who were at risk of torture if repatriated, it has been apparent that no principles are sufficiently [...]
A number of commentators have replied to Attorney General Eric Holder’s announcement today that five suspects in the 9/11 attacks, including alleged Al Qaeda mastermind Khalid Sheikh Mohammed, will not be tried in civilian courts for the terrorist attacks almost ten years ago, but will be tried by President Obama’s revamped military commissions tribunals. What [...]
Long ago, individuals from around the world came to America to escape kings and monarchs that had the power to treat people with utter distain, sending their children to wars on a whim, and imprisoning people without charge or judicial review, sometimes for life. For many, the behavior of these rulers became so intolerable that [...]
Those of us who have been studying Guantánamo closely were not surprised when, on March 7, President Obama announced that he was lifting a ban on trials by Military Commission at Guantánamo, which he imposed on his first day in office in January 2009, and also issued an executive order establishing a periodic review of [...]
For those of us seeking a grown-up debate about Guantánamo in the two years since President Obama came into office, the most troubling development has been the retrenchment of Republican opposition to the closure of the prison, backed up by alarming support for the pro-Guantánamo position by members of the President’s own party. Like a [...]
A Florida congressman is hoping to drive the last nail into the coffin of the U.S. justice system for Guantanamo detainees. Republican Representative Tom Rooney, a former military prosecutor, this week introduced a bill mandating that the detention facility at Guantanamo Bay, Cuba, “remains open indefinitely” and requiring that “individuals detained at the facility be [...]
The report in Wednesday’s New York Times stating that the Obama Administration is preparing to resurrect Military Commissions to try Guantanamo detainees probably sounds the death knell for the kind of justice meted out by Federal civilian courts in the U.S. for more than two centuries. Instead, according to some of the nation’s most respected [...]
I first heard from Benjamin Wittes of the Brookings Institution about two years ago, when he was conducting research into the cases of the prisoners held at Guantánamo, for a project entitled, “The Current Detainee Population of Guantánamo: An Empirical Study.” Wittes got in touch because he had drawn on my analysis of 8,000 publicly [...]
To listen to certain Republican critics of last week’s verdict in the federal court trial of the Tanzanian Ahmed Khalfan Ghailani, a former Guantánamo prisoner and a former CIA “ghost prisoner,” you would think that the jury had found him not guilty, and that he had been released onto the streets of New York. In [...]
