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...attorneys better understand the legal dilemmas surrounding the U.S. military prison in Guantánamo Bay, Cuba, than Neal Katyal. In 2006, Katyal led a successful Supreme Court case challenging the legality of the Bush Administration's military tribunals in Guantánamo, a ruling that sounded one of the first death knells for Camp X-Ray. But two years later, difficult questions about how to close Guantánamo continue to vex legal minds ranging from Katyal to the advisers now gathering around President-elect Barack Obama. "This is a huge and difficult problem," says Katyal, who teaches national...

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

Obama has vowed to close Guantánamo and reject the Military Commissions Act, the 2006 law underpinning the ongoing Guantánamo tribunals. But major hurdles stand in the way of doing so, even for a new President with a clear mandate...

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

First, what do you do with the roughly 255 people currently imprisoned at Guantánamo - a group of whom only 23 have been charged? If Obama wanted to move as swiftly as possible to close Guantánamo, the strongest step he could take as President would be to simply shutter the camp by Executive Order and transfer all of the detainees to prison sites inside the U.S. At that point, in theory, the detainees would face four possible fates: being charged with offenses that could be tried in federal courts; court-marshaled according to the Uniform Code...

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

...When the Supreme Court ruled 5-4 last June that Guantánamo's remaining prisoners are entitled to habeas corpus hearings to justify their detention, Guantánamo became an election issue. McCain called the ruling "one of the worst decisions in the history of this country", although he later said it was not as bad as he had first described. Obama, who has called for terror suspects to face trial in the U.S. justice system rather than in military tribunals, welcomed the ruling. Since then government attorneys have presented few habeas corpus documents to justify holding the suspects...

Author: /time Magazine | Title: Six Years Inside Gitmo: A Journalist's Tale | 9/25/2008 | See Source »

...human-rights department in Al-Jazeera's Qatar newsroom, which is to launch a weekly human-rights show in Arabic next month. Despite his years in captivity for, he believes, no good reason, Al-Hajj insists he holds no animus towards Americans. "So many Americans wrote to me in Guantánamo. And I have many American friends...

Author: /time Magazine | Title: Six Years Inside Gitmo: A Journalist's Tale | 9/25/2008 | See Source »

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