Tag: Guantánamo

November 13, 2012

Make Obama Do It

By Marjorie Cohn and Jeanne Mirer President Obama declared in his victory address on election night, “Democracy in a nation of 300 million can be noisy and messy and complicated . . . We want our children to live in an America that isn’t burdened by debt, that isn’t weakened by inequality, that isn’t threatened… Read more »

June 25, 2012

Hope Dies at Guantánamo

The tragic case of Adnan Farhan Abdul Latif hit a dead end when the US Supreme Court issued an order refusing to hear his case last week. Latif, a Yemeni man, has been imprisoned at Guantanamo Bay since January 2002, after being detained while traveling to seek medical treatment. Latif had suffered serious head injuries… Read more »

January 15, 2012

Close the Guantánamo Gulag

Travelers to Cuba and music lovers are familiar with the song “Guantanamera”— literally, the girl from Guantánamo. With lyrics by José Martí, the father of Cuban independence, Guantanamera is probably the most widely known Cuban song. But Guantánamo is even more famous now for its U.S. military prison. Where “Guantanamera” is a powerful expression of… Read more »

May 25, 2009

Obama’s Guantánamo Appeasement Plan

Two days after his inauguration, President Obama pledged to close Guantánamo within one year. The Republicans, led by Senators John McCain, Mitch McConnell and Pat Roberts, immediately launched a concerted campaign to assail the new president. They claimed his plan would release dangerous terrorists into U.S. communities and allow released terrorists to resume fighting against… Read more »

November 24, 2008

Guantánamo Justice Delayed Seven Years

Since the Bush administration began transporting men and boys to Guantánamo Bay in January 2002, it has tried to prevent them from presenting their cases before a neutral federal judge. Indeed, the naval base was turned into a prison camp precisely to keep the detainees away from impartial courts. The government argued that federal courts… Read more »

November 12, 2008

NLG Calls on President-elect Obama to Close Guantanamo, Opposes Establishment of National Security Courts

After September 11, 2001, George W. Bush established the Guantánamo Bay prison to enable the United States to imprison non-Americans indefinitely outside the reach and protection of both U.S. and international law. The military commissions and their trial procedures, created under the Military Commissions Act of 2006, have been universally condemned by jurists, scholars and… Read more »

June 20, 2008

Scalia Cites False Information in Habeas Corpus Dissent

To bolster his argument that the Guantánamo detainees should be denied the right to prove their innocence in federal courts, Justice Antonin Scalia wrote in his dissent in Boumediene v. Bush: “At least 30 of those prisoners hitherto released from Guantánamo have returned to the battlefield.” It turns out that statement is false. According to… Read more »

June 16, 2008

Supreme Court Checks and Balances in Boumediene

After the Supreme Court handed down its long-awaited opinion, upholding habeas corpus rights for the Guantánamo detainees, I was invited to appear on The O’Reilly Factor with guest host Laura Ingraham. Although she is a lawyer and former law clerk for Justice Clarence Thomas, Ingraham has no use for our judicial branch of government, noting… Read more »

February 15, 2008

Injustice at Guantanamo: Torture Evidence and the Military Commissions Act

The Bush administration has announced its intention to try six alleged al Qaeda members at Guantánamo under the Military Commissions Act. That Act forbids the admission of evidence extracted by torture, although it permits evidence obtained by cruel, inhuman or degrading treatment if it was secured before December 30, 2005. Thus, the administration would be… Read more »

December 4, 2007

Guantánamo Detainees’ Fate at Stake in Boumediene

The Supreme Court will hear arguments on Wednesday in Boumediene v. Bush. Most of the 34 detainees whose fate hangs in the balance in this case were brought to Guantánamo after being picked up by bounty hunters or tribesmen in Afghanistan and Pakistan. Yet the Bush administration has fought hard to keep them away from… Read more »