Recently in Guantanamo Category

Latif v. Obama: Redaction Riddle Resolved
January 14, 2012
JURIST Guest Columnists Mark Denbeaux, Nick Stratton and Lauren Winchester of Seton Hall University School of Law say the right to a meaningful habeas corpus proceeding by Guantanamo detainees has been complicated by a recent decision making it more difficult for detainees to challenge the evidence against them... With the US Court of Appeals for the District of Columbia Circuit decision in Latif v. Obama on October 14, 2011, the right to a meaningful habeas corpus proceeding established in Boumediene v. Bush is now a nullity. By solving the puzzle caused by the voluminous redactions in the 112 page opinion, understanding prior habeas case law, and pondering evidentiary standards, it became apparent how flimsy the record was upon which this....  [more]

Military Commissions: No Longer a Useful Strategy
December 19, 2011
JURIST Guest Columnist John Bickers of Northern Kentucky University Salmon P. Chase College of Law says that changes in the past decade have made the use of military commissions in the fight against al Qaeda both unnecessary and politically detrimental for the US, and argues that they should be abandoned in favor of the federal judiciary...Last month, the effort to use military commissions in the war against al Qaeda quietly turned 10. A decade ago, President George W. Bush dusted off a plan last used by President Franklin Roosevelt and ordered the Department of Defense to convene tribunals that would handle the cases of non-citizens for "offenses triable by military commissions." The initial order was brief, but did suggest that....  [more]

Executive Detention and the Presumption of Regularity
December 10, 2011
JURIST Guest Columnist Tung Yin of Lewis & Clark Law School says that the decision in Latif v. Obama construes the presumption of regularity in a way that creates an unfair obstacle for military detainees trying to question the evidence used to justify their detention...In Latif v. Obama, the US Court of Appeals for the District of Columbia Circuit released a heavily-redacted decision that either abdicates much of the judiciary's ability to review executive detention of Guantanamo Bay detainees, if the dissent is correct, or simply applies a commonly used presumption that will have no practical effect in most detainee challenges, if the majority is correct. Latif is a complicated decision, and any assessment of its impact on detainee litigation....  [more]

Failing to Close Guantanamo
April 14, 2011
JURIST Special Guest Columnist Jonathan Hafetz, of Seton Hall Law School says that the failure to close Guantanamo Bay is an unwelcome step in justifying arbitrary detention and torture, and wonders how far indefinite detention and military commissions will sweep.... Two days after his inauguration, President Obama announced that he would close the U.S. prison at Guantanamo Bay within a year. Obama's pledge, along with his accompanying executive orders banning torture and secret detention, heralded a return to the rule of law. More than two years later, Obama's plan to close Guantanamo is in shambles. While Obama has repatriated 67 Guantanamo prisoners, 172 remain. Political opposition and legal hurdles now complicate further resettlement efforts. Although the Obama administration clings to....  [more]

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