Latest in Guantanamo: Legislation

Guantanamo: Legislation

This Year's NDAA: A Big Win for the Administration on Guantanamo

I have only had a chance to look briefly at the Guantanamo-related provisions of the House-Senate compromise NDAA, but the text looks to me like a big win for the Obama administration---and for common sense.

The administration will cast this as a step forward for closing Guantanamo. I don't care a fig about whether Guantanamo stays or goes. I do care a lot, however, about holding people we don't need or want to be holding, and this bill would go a long way to restoring the administration's flexibility to transfer detainees it wishes to get rid of.

Guantanamo: Legislation

Relaunch of the GTMO Periodic Review Boards

Just as the great post-2008 wave of GTMO habeas litigation winds down, it appears to be time, at last, to revive the Periodic Review Board system at GTMO.

DOD breaks the news here (text reprinted below the fold).  Of course, I wrote something similar back in June, which tells you something about how slow this is developing.  That said, today's announcement has a lot more detail than the news from this summer.  We are told, among other thing

Transfers, Releases & Resettlements

Sens. Durbin and Feinstein Don't Address the Toughest Guantanamo Questions

Like David Remes, but with different assumptions and for different reasons, I was disappointed with Senators Durbin and Feinstein’s op-ed purporting to offer a plan for closing Guantanamo.  As I’ve argued here recently, proposals of this sort – transferring many detainees to foreign countries and moving the rest into the United

Transfers, Releases & Resettlements

David Remes Responds to the Feinstein/Durbin Op-ed on Closing GTMO

David Remes, the longtime GTMO defense lawyer, wrote in with comments on Senators Feinstein and Durbin’s op-ed in today’s L.A. Times entitled, “How to close Gitmo”:

The oped is quite disappointing. In brief, the Senators argue that even though GTMO detainees are monsters, it’s safe to bring them to the US or transfer them to other countries, and not just safe, but justified on cost and moral grounds.

Guantanamo: Legislation

Better Late than Never: Periodic Review Boards Finally (Re)Starting at GTMO

Well, it is not exactly being launched with fanfare, but it appears that the long-awaited Periodic Review Board (PRB) process is about to be relaunched at GTMO.  So reports Carol Rosenberg, here.

Let me say first that this is a very welcome development, albeit one that was too slow in coming (here is Ben asking about the PRBs back in October, res

Guantanamo: Legislation

CA2 Decides Hedges, Concludes that Plaintiffs Lack Standing

The opinion, which I've only now begun to skim, is here.  From the decision's opening paragraphs:

 On December 31, 2011, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2012. Section 1021 of that statute, which fits on a single page, is Congress’ first—and, to date, only—foray into providing further clarity on that question.

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