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Guantanamo Bay

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  • WebMemo posted July 5, 2007 by James Jay Carafano, Ph.D. The War on Terrorism: Habeas Corpus On and Off the Battlefield

    Congress is considering legislation to extend habeas corpus rights (i.e., the ability to challenge the legality of detention in a civil court) to unlawful enemy combatants. Granting terrorists rights to which they are not entitled will not make the world a safer place and will not win over America's enemies and critics.[1] Worst of all, it will make armed conflicts…

  • WebMemo posted February 10, 2012 by Charles "Cully" Stimson The National Defense Authorization Act and Military Detention of U.S. Citizens

    FYI: Heritage WebMemos are getting a new name. Beginning February 13, 2012, they will be called Issue Briefs.  For the 50th consecutive year, the National Defense Authorization Act (NDAA) for Fiscal Year 2012 provides funding and authorities for the U.S. military. It also includes several policy provisions regarding the handling of al-Qaeda and Taliban terrorists.…

  • Commentary posted November 19, 2007 by James Jay Carafano, Ph.D. The Rights of Guantanamo

    The assault on justice continues at the U.S. detention facility at Guantanamo Bay, Cuba -- and it has nothing to do with the trial of enemy combatants accused of war crimes. I recently joined about three dozen journalists and observers for the arraignment of Canadian suspect Omar Khadr. Khadr was captured on the battlefield in Afghanistan and is alleged to…

  • Commentary posted June 30, 2008 by Charles "Cully" Stimson, Andrew M. Grossman Should Terrorist Detainees Have More Rights Than Americans?

    Last week the Supreme Court ruled that terrorist detainees held by the U.S. military in Guantanamo Bay can challenge their detention in federal court. Commentators called the ruling a major blow to the Bush administration and looked to the White House for its next move. But any effort by this White House to roll back the Boumediene decision surely would fail,…

  • Commentary posted February 7, 2008 by James Jay Carafano, Ph.D. GITMO's Secret Chamber

    Since 9/11, the biggest disaster of the long war on terrorism has been the Bush administration's response to concerns about its wartime detention policies. This is particularly true of the way it has handled charges regarding Guantanamo Bay, the detention center for "the worst of the worst" captured in that war. Amazingly, the administration has managed to make…

  • Commentary posted June 13, 2008 by Charles "Cully" Stimson Gitmo Inmates' Constitutional 'Rights'

    In a sweeping decision that will have myriad consequences -- foreseen and unforeseen --the Supreme Court found that the right of habeas corpus under the U.S. Constitution applies to terrorist detainees held at Guantanamo Bay, Cuba.  In a controversial 5-4 decision written by Justice Kennedy that is already being reported as a major loss for the…

  • Commentary posted October 20, 2008 by Andrew M. Grossman Turn Terrorist Detainees Loose?

    Importing terrorists hardly seems like a winning strategy to protect the nation's security. But that's what one federal judge says we have to do. On Oct. 7, D.C. District Court Judge Ricardo Urbina ruled that 17 Chinese Muslims captured fleeing terrorist training grounds in Afghanistan in late 2001 must be set free in the United States. His rationale: The…

  • Commentary posted October 6, 2006 by James Jay Carafano, Ph.D. Myths of Guantanamo

    Guantanamo Bay isn't run by the CIA, the FBI or private contractors. It is run by men and women in the armed services. They are the guards, the administrators, the doctors, the engineers, the lawyers and the chaplains. They're the ones in charge. And their work is hardly hidden: The Pentagon has invited a steady stream of reporters, politicians, human-rights groups…

  • WebMemo posted October 17, 2011 by Charles "Cully" Stimson Common-Sense Principles for Detainee Policy

    Congress will soon debate proposed detainee legislation. Both the House and Senate have several detainee-related provisions in their versions of the National Defense Authorization Act (NDAA) of 2012—the main funding bill for the Department of Defense for the next fiscal year. And as in years past, this debate promises to be heated. Given the relative broad agreement…

  • WebMemo posted June 22, 2007 by James Jay Carafano, Ph.D. Gitmo Debate Misses the Point

    Revised September 20, 2007 Recent press reports detail an internal Bush Administration debate over whether to close the mil­itary detention facilities at Guantanamo Bay in Cuba. Whether to close the facility is not at the heart of the issue of how the U.S. treats detainees and prosecutes the war on terrorism. Regardless of where detainees are held, the U.S.…

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  • WebMemo posted February 10, 2012 by Charles "Cully" Stimson The National Defense Authorization Act and Military Detention of U.S. Citizens

    FYI: Heritage WebMemos are getting a new name. Beginning February 13, 2012, they will be called Issue Briefs.  For the 50th consecutive year, the National Defense Authorization Act (NDAA) for Fiscal Year 2012 provides funding and authorities for the U.S. military. It also includes several policy provisions regarding the handling of al-Qaeda and Taliban terrorists.…

  • WebMemo posted October 17, 2011 by Charles "Cully" Stimson Common-Sense Principles for Detainee Policy

    Congress will soon debate proposed detainee legislation. Both the House and Senate have several detainee-related provisions in their versions of the National Defense Authorization Act (NDAA) of 2012—the main funding bill for the Department of Defense for the next fiscal year. And as in years past, this debate promises to be heated. Given the relative broad agreement…

  • WebMemo posted June 7, 2010 by The Heritage Foundation Homeland Security: The Heritage Foundation Recommendations

    There have been at least three attempted terrorist attacks on U.S. soil in the last year and a half: the November 5, 2009, shooting at Fort Hood, Texas; the attempted Christmas Day airline bombing over Detroit; and the failed car bombing in Times Square in New York City. All three were perpetrated by men with ties to al-Qaeda and radical Islam. But despite a clear…

  • WebMemo posted April 20, 2010 by Jack Park Terrorist on Your Street?

    On March 22, a federal judge in the District of Columbia ordered that Mohamedou Ould Slahi, one of the most dangerous terrorists being held at Guantanamo Bay, be released. Although the Obama Administration has decided to appeal the decision, if the court’s order stands several issues will have to be addressed, including where Slahi will go, and, if no other country will…

  • Special Report posted September 24, 2007 by James Jay Carafano, Ph.D., Steven Groves, Janice A. Smith Treatment of Detainees and Unlawful Combatants: Selected Writings on Guantanamo Bay

    Contents Introduction James Jay Carafano, Ph.D. Chapter 1: Dispelling Misconceptions Steven Groves and Brian W. Walsh Chapter 2: The War on Terrorism: Habeas Corpus On and Off the Battlefield James Jay Carafano, Ph.D. Chapter 3: Gitmo Debate Misses the Point James Jay Carafano, Ph.D. Chapter 4: U.N. Rapporteur Scheinin Issues…

  • WebMemo posted July 13, 2007 by Steven Groves, Brian W. Walsh Dispelling Misconceptions: Guantanamo Bay Detainee ProceduresExceed the Requirements of the U.S. Constitution, U.S. Law, andCustomary International Law

    Human rights activists, liberal media outlets, and Bush Administration critics have derisively characterized the U.S. military detention facility at Guantanamo Bay, Cuba, as the "gulag of our times,"[1] a "legal black hole,"[2] and a "stain on our nation's character."[3] One need not dig too deeply into the facts, however, to discover that the detainees held at…

  • WebMemo posted July 5, 2007 by James Jay Carafano, Ph.D. The War on Terrorism: Habeas Corpus On and Off the Battlefield

    Congress is considering legislation to extend habeas corpus rights (i.e., the ability to challenge the legality of detention in a civil court) to unlawful enemy combatants. Granting terrorists rights to which they are not entitled will not make the world a safer place and will not win over America's enemies and critics.[1] Worst of all, it will make armed conflicts…

  • WebMemo posted June 22, 2007 by James Jay Carafano, Ph.D. Gitmo Debate Misses the Point

    Revised September 20, 2007 Recent press reports detail an internal Bush Administration debate over whether to close the mil­itary detention facilities at Guantanamo Bay in Cuba. Whether to close the facility is not at the heart of the issue of how the U.S. treats detainees and prosecutes the war on terrorism. Regardless of where detainees are held, the U.S.…

  • WebMemo posted June 7, 2007 by Steven Groves U.N. Rapporteur Scheinin Issues Wrong Opinion on U.S. War on Terrorism

    Last month, the U.N. Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism visited the United States for the stated purpose of reviewing its counterterrorism practices for compliance with its treaty obligations, such as those in the International Covenant on Civil and Political Rights and the Convention…

  • WebMemo posted May 24, 2007 by Steven Groves The U.S. Deserves a Fair Report from the U.N. Human Rights Envoy

    From time to time, the United Nations deploys human rights experts-called "special rapporteurs"-to the United States and elsewhere to report on alleged human rights abuses. Over the years, the United States has tolerated the presence of these special envoys to investigate human rights practices regarding various issues, such as the death penalty, freedom of religion,…

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