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The U.S. detention center at Guantánamo Bay has become the symbol of an unprecedented detention system of global reach and immense power. Since the 9/11 attacks, the news has on an almost daily basis headlined stories of prisoners held indefinitely at Guantánamo without charge or trial, many of whom have been interrogated in violation of restrictions on torture and other abuse. These individuals, once labeled “enemy combatants” to eliminate legal restrictions on their treatment, have in numerous instances been subject to lawless renditions between prisons around the world. The lines between law enforcement and military action; crime and war; and the executive, legislative, and judicial branches of power have become dangerously blurred, and it is time to unpack the evolution and trajectory of these detentions to devise policies that restore the rule of law and due process. Obama’s Guantánamo: Stories from an Enduring Prison describes President Obama’s failure to close America’s enduring offshore detention center, as he had promised to do within his first year in office, and the costs of that failure for those imprisoned there. Like its predecessor, Guantánamo Lawyers: Inside a Prison Outside the Law, Obama’s Guantánamo consists of accounts from lawyers who have not only represented detainees, but also served as their main connection to the outside world. Their stories provide us with an accessible explanation of the forces at work in the detentions and place detainees’ stories in the larger context of America’s submission to fearmongering. These stories demonstrate all that is wrong with the prison and the importance of maintaining a commitment to human rights even in times of insecurity.
On January 22, 2009, President Obama issued an executive order calling for the Guantanamo Bay detention facility to be closed within one year. It was one of the new president's first acts in office. The President explained that closing Guantanamo would return America to the "moral high ground" and restore "the core constitutional values that have made this country great even in the midst of war." In this explosive new Broadside, Thomas Joscelyn explains why President Obama's executive order was pure folly. He reveals that the President made his decision to shutter Guantanamo before he or his advisers knew the first thing about the detainees, how to handle their complex cases, or about the valuable intelligence America gained from the men detained at Gitmo--intelligence that saved lives.
President Obama's race to empty the Guantanamo Bay detention facility is on. In recent weeks and months, many hardened terrorists have been released. Many of them have been sent abroad, and according to the President's closure plan sent to Congress last month, another 35 are set to be transferred this summer. Many of the recipient countries don't have the desire or commitment or even ability to monitor these dangerous individuals and prevent them from returning to the battlefield. Countries like Ghana and Uruguay aren't typical security and intelligence partners but they are being asked to shoulder a heavy burden and a heavy responsibility. There are real concerns about the administration setting aside intelligence assessments to deceive countries about the threat posed by the militants they are being asked to take in. The administration often talks of detainees "cleared for release" as if they are no longer a threat. But just over 30 percent of the detainees that have been released are either confirmed or suspected to have returned to the battlefield.
After September 11, 2001, the United States began a global campaign to eliminate terrorists and their support networks. During the Global War on Terror, President George Bush established the detention facility at Guantanamo Bay, Cuba to hold individuals captured during military operations in Afghanistan and Iraq. From the very beginning, Guantanamo Bay has faced criticism throughout the world. The Bush administration was ill prepared to begin and sustain detainee operations and failed to properly classify detainees under the Geneva Conventions. Subsequently, the Administration developed questionable legal processes for the detainees by capitalizing on the legal-free environment offered at Guantanamo Bay, which led many to call for the closure of the detention facility. After only two days in office, President Barack Obama ordered the closure of Guantanamo Bay and a review of all detainees to ensure proper classification, prosecution, and need for continued detention. Is the closure of Guantanamo Bay necessary or is the problem the policy and procedures regarding the detainees and the conditions of their detention? This work presents the history of the classification and legal processes that faced the detainees since the first days of Guantanamo Bay. It then analyzes the arguments for keeping it open and closing it down and it examines the future steps required to close Guantanamo Bay in accordance with President Obamas executive order. Finally, it offers recommendations on how the U.S. can properly handle the disposition of detainees, to include legal due process in the U.S. criminal justice system, while still utilizing the detention center at Guantanamo Bay. Closing Guantanamo Bay is the wrong answer. The U.S. must revamp the its methods for dealing with detainees during the GWOT and for any future military campaigns.
President Obama has tried for years to close the U.S. military-run detention facility at Guantanamo Bay, Cuba, and incarcerate terrorism suspects in the United States. Critics of Guantanamo say it serves as a potent propaganda tool for the Islamic State, which makes the prisoners it captures wear orange jumpsuits nearly identical to those worn by Guantanamo inmates. But Republicans and some Democrats have fought to keep the facility open, contending that transferring detainees to U.S. soil would be dangerous. The prison has drawn the opposition of many U.S. allies, who cite allegations of torture there. Democratic presidential nominee Hillary Clinton wants to close the prison, while Republican nominee Donald Trump vows to expand its use. The Obama administration has stopped sending new prisoners to Guantanamo and is steadily reducing the population -- now 61 inmates -- by transferring detainees to the custody of U.S. allies. National security analysts say the Guantanamo controversy underscores the need to reform how suspects captured in the terrorism fight are tried in court.
On Jan. 22, 2009, Pres. Barack Obama issued an Executive Order requiring the Guantanamo detention facility to be closed as soon as practicable. This report provides an overview of major legal issues likely to arise as a result of actions to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the U.S., and the possible removal of persons brought to the U.S. Discusses constitutional issues that may arise in the criminal prosecution of detainees. Also discusses: detainees¿ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence.
Issues a call for a change in U.S. policy regarding the detention of "enemy combatants," as exemplified by the situation at Guantanamo Bay, and provides ways in which the United States could brings some clarity and conviction to the issue. By the author of Law and the Long War: The Future of Justice in the Age of Terror.