Detention
592 Articles
The insoluble Guantánamo problem (Part Three: Executive disregard of the GTMO-to-U.S. relocation prohibition is not a solution)
In my first two posts (here and here) I’ve described how intransigent (and unjustifiable) political opposition has made it virtually impossible for the President to relocate…
The insoluble Guantánamo problem (Part Two: The NDAA restrictions)
In my earlier post, I explained that the failure to close the detention facility at Guantánamo has been the one conspicuous and unfortunate exception to what has otherwise been…
The insoluble Guantánamo problem (Part One: The President’s successful transformation of U.S. detention practices . . . and the GTMO exception)
Charlie Savage’s Power Wars (see our ongoing symposium here) tells a very important, and mostly overlooked, story about President’s Obama’s policies and practices with respect…
Power Wars Symposium: Where Did Things Go Wrong? Three Key Moments That Shaped Obama’s Failed Guantánamo Policy
Editor’s Note: This is the latest entry in a symposium Just Security is hosting in conjunction with the recent release of Power Wars: Inside Obama’s Post-9/11 Presidency by…
A False Choice on Guantánamo Closure
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
After the NDAA Veto: Now What?
This time, he’s serious. After all these years of unexecuted veto threats, on October 22, 2015, President Obama finally vetoed the $612 billion National Defense and Authorization…
The Latest Stumbling Block in the 9/11 Case: Self-Representation and Classified Evidence
Can a military commission defendant represent himself if he can’t see the classified evidence against him? That’s the outstanding issue in the 9/11 case taking place at the…
Korematsu’s Demise?
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Obama Administration’s Misguided Opposition to Tariq Ba Odah’s Request for Judicial Relief
On October 15, a federal district court in Washington, DC, will hear argument in Ba Odah v. Obama, a habeas challenge by a Guantánamo detainee whose prolonged hunger strike has…
The Bass-Ackwards Detainee Transfer Provision in the FY2016 NDAA
There’s a lot to say about the 1,915-page National Defense Authorization Act (NDAA) for Fiscal Year 2016 that was unveiled yesterday by the House and Senate Armed Services…
D.C. Circuit Grants Rehearing En Banc in al Bahlul (and Highlights My Poor Math Skills)
This afternoon, the D.C. Circuit granted rehearing en banc in al Bahlul v. United States, the constitutional challenge to the Guantánamo military commissions’ authority to try…
The Remarkable (and Remarkably Unnoticed) Guantánamo PRB Scorecard
One of the best-kept secrets concerning the ongoing detentions of non-citizens at Guantánamo is the Periodic Review Board (PRB) process being conducted pursuant to Executive…