Guantanamo and US Supreme Court

Since the dying days of the Bush administration, when the Supreme Court savaged the indifference of the executive branch and of Congress towards the cruel mess they had created at Guantánamo, by ensuring that the prisoners had constitutionally guaranteed habeas corpus rights, it has, sadly, all been downhill when it comes to judicial oversight of [...]

With the death of Osama bin Laden, there is a perfect opportunity for the Obama administration to bring to an end the decade-long “War on Terror” by withdrawing from Afghanistan and closing the prison at Guantánamo Bay, Cuba. The justification for both the invasion of Afghanistan (in October 2001) and the detention of prisoners in [...]

Before WikiLeaks unleashed a trove of classified military assessments from Guantánamo, revealing — to discerning eyes — how the entire edifice was buit on the lies extracted through the torture, coercion or bribery of the prisoners, and before Osama bin Laden was conveniently killed a week later, perhaps to divert attention back to the torture [...]

Last week, in my article, How the Supreme Court Gave Up on Guantánamo, I explained how, given the option of addressing complaints made by prisoners in Guantánamo regarding the basis of their ongoing detention, the Supreme Court chose not to, leaving the final decisions regarding the prisoners not in the hands of the District Court [...]

Last Monday, on the very same day that the Obama administration gave up on Guantánamo, so too did the Supreme Court. As far as we know, it was not a choreographed climbdown — nor had money been offered by George W. Bush and Dick Cheney to rehabilitate their legacies — but the effect was the [...]

If I was an American lawyer who had fought for many years to secure habeas corpus rights for the prisoners held at Guantánamo Bay, Cuba — in other words, the right to ask an impartial judge to rule on my captors’ reasons for slinging me in a legal black hole and leaving me to rot [...]

Those of us who have been studying Guantánamo closely were not surprised when, on March 7, President Obama announced that he was lifting a ban on trials by Military Commission at Guantánamo, which he imposed on his first day in office in January 2009, and also issued an executive order establishing a periodic review of [...]

In an attempt to bring to an end a nearly four-year deadlock in the case of Ahmed Belbacha, an Algerian prisoner in Guantánamo, lawyers at the London-based legal action charity Reprieve have “started high court proceedings to force the British government to disclose information that they say could free him from Guantánamo Bay and save [...]

Last week, two years and three months after the US Supreme Court granted the prisoners held at Guantánamo constitutionally guaranteed habeas corpus rights in Boumediene v. Bush, Fawzi al-Odah, a Kuwaiti prisoner held for nearly nine years, became the first prisoner to appeal to the Supreme Court “to protest federal court interpretations of detainees’ right [...]

On September 14, Lt. Col. David Frakt, a law professor and the former military defense attorney for two Guantánamo prisoners, debated whether terror suspects should be treated as “enemy combatants” or as criminals, and won resounding approval from the audience in New York for the arguments that he and attorney Stephen Jones advanced in defense [...]