Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to "close" Guantánamo is for President Obama "to either release all detainees or try them in our time-tested federal courts," at least largely because moving the detainees into the United States wou
Latest in Detention: Law of: Other
A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty
In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritorial expansion of Article 16 of the CAT:
As my co-authors and I put the finishing touches on the 2014-15 Supplement to Aspen Publishers' National Security Law and Counterterrorism Law casebooks, I had another thought about the potential consequences of the D.C.
I've only skimmed this unsurprising ruling from the panel, which affirms the district court's dismissal of the detainee's suit against the military commissions' Convening Authority.
From its opening:
Just as the great post-2008 wave of GTMO habeas litigation winds down, it appears to be time, at last, to revive the Periodic Review Board system at GTMO.
August 12 is the 64th anniversary of the signing of the Geneva Conventions. As a candidate, Senator Obama was highly critical of the Bush Administration’s non-application of the Geneva Conventions to detained members of al-Qaida and the Taliban. His Administration came into office pledging to “abide” by the Geneva Conventions, and President Obama himself received an ovation at his Nobel Prize acceptance speech in Oslo in December 2009 for reaffirming his commitment to the Co
Judge Lewis Kaplan's excellent Second Circuit opinion in Hedges yesterday should end the controversy over whether the 2012 NDAA expands or merely codifies the government's AUMF detention authority---though it almost surely won't. The key discussion begins on page 33 and represents as lucid and straightforward an account of how to read the detention language of Section 1021 as I have seen.
Last Thursday, Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia granted motions to dismiss the suit of a former Guantánamo detainee in Ameur v. Gates for lack of subject-matter jurisdiction.
On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo. You can find audio recordings of the arguments here and here, respectively.
In his speech today, President Obama explicitly raised this perennial, maddeningly difficult issue. But he stopped well short of proposing a solution. Instead he said that “once we commit to a process of closing GTMO, I am confident that this legacy problem can be resolved, consistent with our commitment to the rule of law.”