Word: cases
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...holding on to all 90 of the Yemeni detainees presented a legal problem. Not only would it slow the closure of Gitmo, but the Justice Department concluded that six of the Yemenis under consideration were likely to win cases challenging their detention that they had brought in district court in Washington. Earlier last year, a Yemeni won his case and was repatriated and released. The Defense Department said it was comfortable releasing the six, as were the other departments, so in the end, Obama's national-security team sent them home. It is unclear whether they remain incarcerated in Yemen...
...days since passengers overpowered Umar Farouk Abdulmutallab aboard the Detroit-bound jet he allegedly tried to blow up on Christmas Day, almost every aspect of the case - from Abdulmutallab's absence from no-fly lists to the handling of intelligence from Nigeria - has been the focus of fierce criticism of the Obama Administration. On Thursday afternoon, President Obama outlined preliminary reviews of the intelligence failings that allowed Abdulmutallab onto the Amsterdam-to-Detroit jet and laid out additional steps to fix those shortcomings. Reporting that a systemic failure allowed the bombing attempt, he said he was ultimately responsible and made...
...captured overseas. Both men were held for years in an offshore Navy brig, as challenges to their detentions dragged through the courts. The legality of their detention on those terms has never been cleanly settled. Just days before the Supreme Court was scheduled to hear arguments in Padilla's case in late 2005, the Bush Justice Department moved the case to federal court in Miami, where Padilla was convicted of providing material support to terrorists and other charges. The Obama Administration followed suit by moving al-Marri's case to federal court shortly after taking office - the suspect pleaded guilty...
...Steven Cash, a former CIA intelligence officer and a co-chair of the D.C. Bar Association's Committee on National Security Law, Policy and Practice, believes that the Administration made the right decision in taking Abdulmutallab's case to federal court. "The argument that trying someone in a civilian court is a show of weakness is frankly outrageous," he says. "It is what we are proudest of and where our strength comes from...
...School of Law and a former adviser to military prosecutors at Guantánamo Bay, however, argues that the two options are not mutually exclusive. The Administration could have designated Abdulmutallab as an enemy combatant for a very short duration to allow for his interrogation, and then moved the case back to federal court, which he believes is the proper place for such a trial...