Guantanamo and US District Courts/Appeals Courts

The story of Guantánamo’s Uighurs has always been one of monstrous injustice — as well as a monstrous failure of intelligence, and an equally monstrous failure when it comes to the US government taking responsibility for its own mistakes. This is not a unique occurrence in Guantánamo, of course, but it has long been emblematic [...]

Before the terrorist attacks on September 11, 2001, there were only two ways of holding prisoners — either they were prisoners of war, protected by the Geneva Conventions, or they were criminal suspects, to be charged and subjected to federal court trials. That all changed when the Bush administration threw out the Geneva Conventions, equated [...]

Two weeks ago, I wrote an article entitled, “As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?” in which I covered the latest grim news from the US courts regarding the Guantánamo prisoners’ habeas corpus petitions (see “Guantánamo Habeas Results: The Definitive List” for more). As I explained in [...]

When it comes to Guantánamo, the prisoners held in the Bush administration’s experimental prison have mostly been abandoned by those who should have acted on their behalf in all three branches of government –  the executive branch, Congress and the judiciary. In June 2004, for a brief moment, George W. Bush’s excesses were checked by [...]

Ten years after the “War on Terror” began, the distressing misconceptions and exaggerations on which it was founded continue to plague its victims — and also to corrode America’s belief that it is a nation founded on justice and the law. Ten years ago, Congress launched this “war,” approving the Authorization for Use of Military [...]

Regular readers will know that the Guantánamo prisoners’ habeas corpus petitions led to the release of 26 prisoners between December 2008 and January 2011, providing confirmation that the US courts were able to address mistakes made by the Bush administration in rounding up “detainees” in its “War on Terror,” to expose those mistakes, and even [...]

On the 10th anniversary of the horrendous terrorist attacks on September 11, 2001, I’m cross-posting an article published on the website of the Center for Constitutional Rights as part of a project entitled, “The 9/11 Decade.” The article, “The 9/11 Decade and the Decline of US Democracy,” was written by Vince Warren, CCR’s Executive Director, [...]

As the tenth anniversary of the 9/11 attacks approaches, those hoping for the closure of the “War on Terror” prison at Guantánamo, which was, and remains the most notorious emblem of the Bush administration’s excessive and misguided response to the attacks, are wondering how the prison will ever close. Through a combination of cowardice on [...]

Last month, the third anniversary of Boumediene v. Bush (on June 12) passed without mention. This was a great shame, not only because it was a powerful ruling, granting the Guantánamo prisoners constitutionally guaranteed habeas corpus rights, but also because, after that bold intervention, which led to the release of 26 prisoners who subsequently won [...]

Seven years ago, on June 28, 2004, the Supreme Court issued a historically important ruling in Rasul v. Bush, establishing that foreign nationals held at the Bush administration’s “War on Terror” prison at Guantánamo Bay, Cuba, had habeas corpus rights; in other words, the right, under the “Great Writ,” first established in England in 1215, [...]