Word: legalism
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Dates: during 2000-2009
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...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 likely face the same difficulties as the ongoing Guantánamo tribunals, which have floundered because...
...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...
...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...
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...
...gathered during harsh interrogations, which may make it inadmissible in court. His arrest and detention had none of the necessary steps provided under U.S. civilian law that help safeguard the rights of suspects - and sometimes allow for loopholes for some to minimize or evade prosecution. Many of the same legal obstacles would arise in any attempt to court-martial Mohammed, because regular military courts have comparable rules about evidence and legal procedure...