James Carafano discusses the latest batch of WikiLeaks. … Read more
Cully Stimson discusses the potential closing of Guantanamo Bay. … Read more
Cully Stimson discusses the 2-year anniversary of Obama's claim to close Guantanamo Bay Detention Facility within a year. … Read more
Cully Stimson comments on former Guantanamo Bay detainees returning to terrorist organizations. … Read more
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… Read more
Cully Stimson discusses the future of Guantanamo Bay and trials for its detainees. … Read more
Cully Stimson discussing potential military tribunals for KSM and other Guantanamo Bay detainees. … Read more
Cully Stimson discussing the rehabilitation of Guantanamo Bay detainees. … Read more
Charles Stimson talks about transfering detainees from Guantanam Bay and having them return to the battlefield … Read more
In a stunning display of political cowardice, the Obama administration has decided not to seek specific congressional authorization for a prolonged detention statute for Guantanamo Bay detainees deemed too dangerous to set free. It's the latest troubling flip flop by the president, an utter abdication of the lofty promises he made during his much-heralded… Read more
While billions are victim to the regular abuse and tyranny of governments such as those of Sudan and China, much of the world's media and non-profit "human rights" resources focus on the U.S. Naval base at Guantanamo Bay, Cuba. Not a single person has been killed at the facility since it opened, and yet… Read more
Introduction Americans have pretty much always felt entitled to make law for themselves. As Virginia royal governor Alexander Spotswood complained 60 years before the Declaration of Independence, "by their professions and actions they [the colonials]… Read more
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.… Read more
A new report from the UN Commission on Human Rights concludes by calling on the United States to close its detention facility at Guantanamo Bay "without further delay."[1] The report, issued by a body that counts Sudan, Cuba, China and Zimbabwe as current members,… Read more
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,… Read more
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,… Read more
For more than 200 years, the reins of America's leadership have been peacefully handed over from one administration to another, regardless of party affiliation, in part because we have never seriously indulged in criminalizing our political differences. My Russian immigrant father, who fled Communist persecution, told me more than once that avoiding political persecutions and show… Read more
The Obama administration waited until 5:45 p.m. on a Friday in late June to float the idea that it is considering an executive order authorizing prolonged detention of captured enemy combatants. The announcement was timed to run when most Washingtonians were tippling cocktails or en route to the beach to avoid expending much political capital on… Read more
The accompanying legal memorandum explores the question of whether it is constitutional to try members of the al-Qaeda terrorist network, who may have been involved in the September 11 attacks, under the U.S. military justice system rather than in federal district court. As many as 1,000 individuals have been detained by law enforcement authorities… Read more
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… Read more
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… Read more
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… Read more
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 Against Torture.… Read more
The United States has in its custody enemy combatants accused of serious war crimes. They should be brought to trial quickly under processes that both respect the rule of law and protect U.S. national security. For this to happen, Congress must sanction the trial procedure that the Administration will employ, but the Administration and… Read more
Last week, the Supreme Court issued a split decision declaring unlawful the military commissions the United States planned to use at Guantánamo Bay. Regardless of the decision's legal merits, it is not a rebuke of the Bush Administration's conduct of the battle against the threat of transnational terrorist groups. The decision will have little practical… Read more
WikiLeaks, which has been sitting on an enormous cache of classified U.S. government documents, released another batch...… Read more
Following Attorney General Eric Holder's announcement Monday that the United States would try Khalid Sheikh Mohammed...… Read more
Bowing to political realities, the Obama administration reversed itself and announced that Khalid Sheikh Mohammad (KSM),...… Read more
Yesterday Attorney General Eric Holder announced that the Obama Justice Department would appeal a U.S. District Court...… Read more
Following Barack Obama's inauguration last year, the newly-elected commander-in-chief sought to impose his vision of...… Read more
Following his speech, Senator McConnell sat down with us In The Green Room, where he discussed how the Administration...… Read more
Politico reported yesterday that “The second-ranking House Democrat signaled Tuesday that the White House is...… Read more
Days before President Obama plans to present his State of the Union address to a joint session of Congress, Osama Bin...… Read more
Former President Dwight D. Eisenhower once said: “Morale is the greatest single factor in successful wars.” So why did...… Read more
Edwin Meese III, the Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and...… Read more