Analysis & Commentary
Detainee Policy
President Obama: It’s Not Too Late to Reject Bad Detainee Law
Congress enacted legislation intended to militarize the handling of terrorist suspects and limit the president’s options for prosecuting or releasing them. The bill represents a major setback for both human rights and national security, and President Obama should veto it.
Authored by: Elizabeth Goitein
– 12/20/11
They Have Undermined Our Historical Commitment to Human Rights
The "war on terror" has brought fundamental changes to America's place in the world, our international priorities and our system of laws. Although people may disagree about whether the past decade's changes have made us safer, there is no doubt they have undermined our historical commitment to human rights.
Authored by: Faiza Patel
– 09/05/11
Letter to Attorney General Holder on the Justice Department’s State Secrets Policy
The Brennan Center for Justice sent the following letter to the Department of Justice asking it to implement the state secrets policy it announced on September 23, 2009. The Brennan Center initially sent a letter on December 15, 2010, but after five months the DOJ has neither responded to nor acknowledged receipt of the letter.
– 05/16/11
Politicizing Prosecutions — Again
Congress' ban on using defense funds to transfer Guantánamo detainees into the U.S., meant to thwart their trials in civilian courts, is textbook interference with prosecutorial discretion.
Authored by: Elizabeth Goitein
– 01/24/11
Emily Berman Discusses Ahmed Khalfan Ghailani and Guantanamo
Emily Berman discusses the recent acquittal of Ahmed Khalfan Ghailani on most counts of terrorism charges – and the Obama administration's plan going forward to provide fair trials to Guantanamo detainees.
– 11/22/10
At Guantánamo, Blackstone Has Left the Building
Republicans in Congress are questioning the Obama administration's decision to transfer some Guantánamo detainees to Europe.
Authored by: Elizabeth Goitein
– 11/04/10
The Writ Stops Here: No Habeas for Prisoners Held by U.S. Forces in Afghanistan
Faiza Patel, Brennan Center Director of Planning and Counsel, discusses Maqaleh v. Gates in the June 3, 2010 issue of American Society of International Law Insights.
Authored by: Faiza Patel for ASIL Insight
– 06/21/10
Detention Promises Ring Hollow
President Barack Obama pledged to close the Guantanamo Bay detention facility during his campaign and again after his Inauguration, but now the administration has announced plans to continue to hold indefinitely 48 current Guantanamo detainees.
Authored by: Emily Berman
– 05/25/10
Emily Berman on the Hashmi case and SAMS, on WNYC Public Radio
The U.S. Government has held student Syed Hashmi for nearly 4 years without trial in New York City. Ms. Berman talks about the case on the Leonard Lopate Show on WNYC.
– 01/07/10
Who Can Be Detained in ‘The War on Terror?’
Patel explores cases associated with Guantanamo in the transition from the Bush to Obama administrations. Originally published in ASID Insights.
Authored by: Faiza Patel
– 10/20/09