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...President, I will close Guantánamo," Barack Obama promised in 2007. Now, as President-elect, shutting down the infamous prison camp he referred to as a "sad chapter in American history" is shaping up as one of his first priorities...

Author: /time Magazine | Title: A Brief History of Gitmo | 11/12/2008 | See Source »

...Bush Administration has held them for so many years by Executive Orders in contravention of regular U.S. criminal and military law. Then there's the question of what to do with future suspected terrorists who are caught in an indefinite war on terrorism if there is no more Guantánamo. Alleged terrorist operatives will continue to fall into the hands of the FBI, CIA and military in the years ahead. Obama may consider working to create so-called national-security courts, which would essentially be a hybrid tribunal system blending military and civilian criminal law. Those who support...

Author: /time Magazine | Title: How to Close Guantánamo: A Legal Minefield | 11/11/2008 | See Source »

...idea has some prominent backers, including Katyal and former assistant attorney general Jack Goldsmith, who clashed with senior Bush Administration officials over Guantánamo and other issues during his time at the Justice Department. The Associated Press, citing unnamed Obama advisers, reported Monday that the President-elect plans to put forward proposals for a new court to handle some Guantánamo cases. But many legal thinkers disagree with such an approach, arguing that all such cases should be prosecuted in federal courts, which have proven effective in many instances. Also, many argue that new national-security courts would...

Author: /time Magazine | Title: How to Close Guantánamo: A Legal Minefield | 11/11/2008 | See Source »

...emerging Obama transition team has yet to spell out its plans for closing Guantánamo officially. Campaign officials say the President-elect is still forming the legal team that will advise him on that and other issues once he begins making decisions as President. Obama has not spoken on the issue since winning the presidential election and has offered no signs that he discussed the matter with President Bush when visiting the White House on Monday. But there's little doubt that the Guantánamo problem Bush leaves behind for Obama will be one of the hardest...

Author: /time Magazine | Title: How to Close Guantánamo: A Legal Minefield | 11/11/2008 | See Source »

Many civil rights activists say existing military and civilian criminal courts can handle the Guantánamo cases and decide on the disposition of each of those 255 individuals, despite the Bush Administration's arguments otherwise. But the legal limbo many Guantánamo detainees have endured for years still poses significant problems. That is because the primary purpose of detaining these people was not to stage trials but rather to gain usable intelligence through interrogation. Forming proper criminal cases at this point would be difficult...

Author: /time Magazine | Title: How to Close Guantánamo: A Legal Minefield | 11/11/2008 | See Source »

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