Word: namo
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...White House finds itself in its current Guantánamo predicament because it didn't play well with the other branches of government--or even play with them at all. Republican Senator Lindsey Graham of South Carolina, a military lawyer (JAG), says he tried as recently as 18 months ago to interest the Administration in an amendment that would give tribunals congressional authorization. "I could not get agreement with the White House," Graham says. "They believed it wasn't necessary...
...tough new tribunal and others, like Virginia's John Warner, who warn that moving too quickly or too carelessly might lead to another embarrassing showdown with the Supreme Court. It may take months to achieve the harmonic balance between good policy and good campaign agitprop, but any Guantánamo policy that eventually emerges could have greater certainty and legitimacy for having been forged through the chaos of democracy. "The message is that Congress has a role in the war on terror and the courts have a role in the war on terror," says Graham. "When we collaborate, all three branches...
...bodyguard--hardly the criminal mastermind that requires a country to create a maximum security prison. To its credit, the government has been trying to repatriate the less dangerous detainees as well as those who probably should never have been there. "We want to get out of the Guantánamo business if we can," State Department legal adviser John Bellinger III said in a conference call last week, "while continuing to protect ourselves and protect others...
Regardless of the challenges, the Administration needs to continue to support the State Department's aggressive efforts to make sure that the small fish at Guantánamo move on. The logic that gave rise to the Administration's broad powers of detention, interrogation and surveillance is the logic of the worst-case scenario, of terrorist masterminds and ticking time bombs. It's consistent with that logic that a place like Guantánamo be reserved for only the most dangerous terrorists...
More than 400 habeas corpus cases, in which Guantánamo petitioners are challenging the legality of their detention, are percolating around the country. Lawyers who filed some of those petitions tell TIME that they anticipate that the Supreme Court ruling will open a path for those cases to head up the chain of appeals. The Administration argues that the courts have no jurisdiction, and Congress barred judges from ruling on almost all future habeas appeals from Gitmo by passing the Detainee Treatment Act last December...