A response to John Bellinger's excellent post on the necessity of closing Guantanamo.
Latest in Detention & Guantanamo
Having been present at the creation of the Guantanamo Bay detention center in 2001/2002 and having supported its closure in 2009, I want to remind readers why Guantanamo was opened and why I believe it should now be closed.
Despite the fact that President Trump's tweet yesterday on Guantanamo detainees re-engaging in terrorism was factually inaccurate, the background story of the President’s tweet does appear to be a confirmed case of recidivism.
Jamal al-Harith, an ISIS fighter who detonated a suicide bomb in Mosul last Sunday, was a British citizen who had been detained in Guantanamo from 2002 through 2004.
The indispensable Charlie Savage has just posted the latest iteration of the Trump Administration’s planned Executive Order on detention issues, along with an article placing that draft in context (including helpful insights from Jack Goldsmith and Ryan Goodman).
If Trump brings an ISIL detainee to GTMO, the courts will finally be able to rule on President Obama's extension of the 2001 AUMF to ISIL. That is a legal risk Congress should not want to abide.
It is time for the new Administration to be thinking about the difficult decisions it has to make regarding current and future wartime detention of enemy fighters. Developing a principled, credible, and sustainable detention policy will require more than simply undoing the policies of the prior administration.
The original motion by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interrogation report to held under seal with the D.C. District Court, as well as the government's response and a reply to the government by Nashiri's counsel.
The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:
A high-value detainee files a motion to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court.