Latest in Transfers, Releases & Resettlements

Guantanamo: Legislation

The Meaningful Legal Differences Between Stateside and Guantánamo Detention

Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to "close" Guantánamo is for President Obama "to either release all detainees or try them in our time-tested federal courts," at least largely because moving the detainees into the United States wouldn

Guantanamo: Legislation

How Not to Close Guantanamo: Bring It Here

Ben asks “What Would it Take to Close Guantanamo?” and he provides a thoughtful response weighted toward the political landscape. But there’s another not-so-merely-philosophical question that underlies his question: what does it mean to “close Guantanamo?”

For purposes of rapprochement with Cuba it may have to mean U.S. out of Guantanamo altogether.

Detention: Law of

What the Detention Policy Debate Really Is About

Ben bemoans the state our nation’s current debate over Guantanamo as “terrible,” observing that “the arguments about Guantanamo are nearly all wrong, disingenuous, irrelevant, or just plain dumb.”  It’s true that Guantanamo—like most political issues—sometimes takes on a special kind of inside-the-beltway rhetorical flavor that can really annoy the wonks, who would much rather focus on the underlying policy debate.

So what is the underlying policy debate all about?  Perhaps it’s

Transfers, Releases & Resettlements

A Return of the Executive Branch Ban on GTMO Transfers to Yemen?

From this ABC/Associated Press piece:

In another challenge to President Barack Obama's efforts to close the Guantanamo Bay prison, a ban on transferring detainees to Yemen has been effectively pushed back into place because of security concerns in the volatile Middle Eastern nation, administration officials say.

While Obama approved sending detainees back to Yemen nearly two years ago, his administration has yet to use that authority.

Transfers, Releases & Resettlements

Text of Senator Ayotte's GTMO Transfers Bill

As promised, here it is.

The rather unfortunate-seeming proposal provides, in full:


To extend and enhance prohibitions and limitations with respect to the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, and for other purposes.


Ms. AYOTTE (for herself, Mr. GRAHAM, Mr. BURR, and Mr.

Military Justice

On War and Crime

Yesterday at Lawfare, Bryan Cunningham sought to breathe new life into the “military versus law enforcement” debate over terrorism, along the way deeming the horrific assaults in Paris to be “consequences” of France’s police-centric strategy. He thus finds fault with the current counterterrorism regime generally, and invites others to join in a broader discussion about how to improve things.

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