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Boumediene v Bush

Guantanamo Bay: The Model for an American Police State?

John W. Whitehead | Posted 11.25.2012 | Politics
John W. Whitehead

What is the legacy of Guantanamo Bay? 171 men continue to languish there. The Bush torture program has been legitimized by the Obama administration, and indefinite detention has been codified as law.

Mike Sacks

Supreme Court Brushes Off New Gitmo Cases | Mike Sacks | Posted 06.11.2012 | Politics

WASHINGTON -- The Supreme Court on Monday denied review in the cases of several Guantanamo Bay detainees, likely closing off for good the prospect of ...

Will SCOTUS Abandon Gitmo?

Daphne Eviatar | Posted 07.23.2012 | Politics
Daphne Eviatar

The Supreme Court is expected to decide as soon as Thursday whether it will hear the Latif v. Obama and possibly restore a right to meaningful judicial review for detainees imprisoned in the name of the "war on terror."

Constitution Check: Is the Constitutionality of the "War on Terrorism" a Settled Issue?

Lyle Denniston | Posted 04.30.2012 | Politics
Lyle Denniston

Perhaps a decade should have been long enough for the constitutional issues over war on terrorism policies to get settled. That hasn't happened, though.

Lindsey Graham's Third Strike?

Daphne Eviatar | Posted 05.25.2011 | Politics
Daphne Eviatar

A sharp rebuke from the Supreme Court has not stopped Lindsey Graham from now attempting a third time to broker yet another deal to deny detainees the right to civilian court review.

Why We Need the Guantanamo Lawyers

Jesse Larner | Posted 05.25.2011 | Politics
Jesse Larner

Without the rule of law, without fair trials even for the despised, there is nothing else that can be called civilization, nothing else that civilized people can live, fight, or die for.

Justice at Last? Guantanamo Uighurs Ask Supreme Court for Release Into U.S.

Andy Worthington | Posted 05.25.2011 | Politics
Andy Worthington

In briefs, the battle lines have been drawn. On the one hand is the government, endorsing Bush-era policies. And for the Uighurs, there is a Boston-based attorney and his team.

Is Bagram Obama's New Secret Prison?

Andy Worthington | Posted 05.25.2011 | Politics
Andy Worthington

The Obama administration is following Bush's lead by unilaterally rewriting the Geneva Conventions, presumably to allow it to continue exploiting prisoners of war for their supposed intelligence value.

Bagram Isn't The New Guantanamo, It's The Old Guantanamo

Andy Worthington | Posted 05.25.2011 | Politics
Andy Worthington

From what I have been able to gather about the workings of Bagram, I have no reason to conclude that the prison is now being run according to the Geneva Conventions.

Never Forget: The International Day in Support of Victims of Torture

Andy Worthington | Posted 05.25.2011 | Politics
Andy Worthington

Sadly, our celebrity-obsessed world is unlikely to pay much attention to the International Day in Support of the Victims of Torture, as the death of Michael Jackson dominates headlines.

Empty Evidence: The Stories of the Saudis Released From Guantanamo

Andy Worthington | Posted 05.25.2011 | Politics
Andy Worthington

Khalid Saad Mohammed seized from a hospital in Pakistan and sold to the U.S. military. But the authorities in GITMO had never managed to build up a credible case against him.

Free The Guantanamo Uighurs!

Andy Worthington | Posted 05.25.2011 | World
Andy Worthington

Obama needs to find the courage to resist the shrill opportunism of some of his least principled colleagues, and to order the Uighurs' release into the United States.

Obama's First 100 Days: A Start On Guantanamo, But Not Enough

Andy Worthington | Posted 05.25.2011 | World
Andy Worthington

Just Binyam Mohamed and the Yemeni doctor, Ayman Batarfi have been cleared for release. At this rate, of course, it will take decades to close Guantánamo.

Justice Extends To Bagram, Guantanamo's Dark Mirror

Andy Worthington | Posted 05.25.2011 | World
Andy Worthington

Whereas Gitmo prisoners had, over the years, secured habeas corpus rights, none of these privileges had been extended to the prisoners in Bagram.

Bad News, Good News For The Guantanamo Uighurs

Andy Worthington | Posted 05.25.2011 | World
Andy Worthington

First, the good news. Adel Abdul Hakim, one of five Uighurs (Muslims from China's oppressed Xinjiang province), who was released from Guantánamo in M...

Guantanamo: Government Says Six Years Is Not Long Enough To Prepare Evidence

Andy Worthington | Posted 05.25.2011 | Politics
Andy Worthington

Imagine after six and a half years of this imprisonment -- in which, unlike convicted criminals on the US mainland, you have never been charged or tried, and have not been allowed a single visit from your loved ones.

Jason Linkins

Gitmo Detainee Ordered Released, But His Lawyer Is Not Allowed To Tell Him | Jason Linkins | Posted 05.25.2011 | Politics

On June 12, the Supreme Court ruled in the case of Boumediene v. Bush that those detained as enemy combatants at Guantanamo Bay had the rights of habe...

Six Years Late, Court Throws Out Guantanamo Case

Andy Worthington | Posted 05.25.2011 | Politics
Andy Worthington

Parhat v. Gates is another significant challenge to executive overreach. Parhat is one of 18 Uighur detainees who fled persecution in China and was arrested in Pakistan with no evidence against him.

Scalia Cites False Information in Habeas Corpus Dissent

Marjorie Cohn | Posted 05.25.2011 | Politics
Marjorie Cohn

To bolster his argument that the Guantánamo detainees should be denied the right to prove their innocence in federal courts, Scalia relied on stale information that was proven to be false one year ago.

A Razor-Thin Redemption

Robyn Blumner | Posted 05.25.2011 | Politics
Robyn Blumner

We held innocent people at Guantanamo for years -- seriously mistreating some -- without giving them a chance to demonstrate their innocence. How is getting rid of such travesties indifferent to American lives?

Boumediene and Habeas Corpus: The Debate Continues

Robert Schlesinger | Posted 05.25.2011 | Politics
Robert Schlesinger

Was the U.S. Supreme Court correct last week when it ruled that Guantanamo Bay detainees have habeas corpus rights?

America Is Stronger When America Sticks to Its Principles!

Eric Roberson | Posted 05.25.2011 | Politics
Eric Roberson

We are supposed to be a nation of respect for our constitutional framework. Just as we should not abandon our disdain for torture, we should not abandon the constitutional right to habeas corpus.

The Tora Bora Of The Mind

John Tomasic | Posted 05.25.2011 | Home
John Tomasic

Smerconish said that, as a Republican, he supported Obama's approach to the hunt for Bin Laden, that moving immediately on intelligence was not naive. And McCain, remarkably, conceded that he too agreed with Obama.

Putting Boumediene in Global Perspective

David Cole | Posted 05.25.2011 | Politics
David Cole

The Supreme Court's latest decision may be novel in U.S. history, but it is consistent with the global growth in recognition of the essential role that courts play in checking the excesses of democracy.

John McCain, Legal Historian

Shayana Kadidal | Posted 05.25.2011 | Politics
Shayana Kadidal

As McCain claims, judges are indeed "unaccountable" to voters. That is precisely why they are well-situated to serve to hold the executive branch accountable for its abuses and incompetence.