Word: namo
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...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 the creation...
...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...
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...
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...
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...