Extrajudicial detention, U.S., Barack Obama Administration: Difference between revisions
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[[Barack Obama]], on taking office as President of the United States, faced the reality of several hundred prisoners in extrajudicial detention at [[Guantanamo Bay detention camp]], and possibly others at U.S. facilities in Afghanistan and Iraq. He had made a campaign promise to close Guantanamo, which has not happened in his first year but the Administration is moving to do so. Some prisoners have been freed, some deported, five associated directly with the [[9-11 Attack]] scheduled to be tried in Federal court, and no decision has been made for others. | [[Barack Obama]], on taking office as President of the United States, faced the reality of several hundred prisoners in extrajudicial detention at [[Guantanamo Bay detention camp]], and possibly others at U.S. facilities in Afghanistan and Iraq. He had made a campaign promise to close Guantanamo, which has not happened in his first year but the Administration is moving to do so. Some prisoners have been freed, some deported, five associated directly with the [[9-11 Attack]] scheduled to be tried in Federal court ([[U.S. v. Khalid Sheikh Mohammed, et al.]]), and no decision has been made for others. | ||
In his announcement on 13 November 2009, Attorney General [[Eric Holder]] also said that five other defendants would still go before military commissions. <ref name=HolderDecision>{{Citation | |||
| publisher = [[U.S. Department of Justice]] | |||
| author = [[Eric Holder]] | |||
| title = Departments of Justice and Defense Announce Forum Decisions for Ten Guantanamo Bay Detainees | |||
| accessdate = January 5, 2010 | |||
| date = November 11, 2009 | |||
| url = http://www.justice.gov/opa/pr/2009/November/09-ag-1224.html | |||
}}</ref> | |||
The Federal government has stated its intention to acquire the little used Thomson Correctional Institute from the state of [[Illinois]] and convert it to "supermax" standards, with facilities for military commissions. This facility would replace Guantanamo.<ref name=ChiTrib>{{citation | |||
| url = http://www.chicagotribune.com/news/chi-illinois-gitmo-thomson-hearidec23,0,648910.story | |||
| title = Thomson prison Guantanamo plan: Feds confirm Illinois prison could hold USS Cole bombing suspects, September 11 plotters | |||
| author = Oscar Avila and Kristen Schorsch | |||
| date = 23 December 2009 | journal = Chicago Tribune}}</ref> | |||
While the President has said that some prisoners are too dangerous to be released, but, for reasons not always disclosed, should not be tried in a civilian court, the legal structure for such indefinite discussion is unclear. One analysis, on which the Administration has made no comment, is a proposal by [[Brookings Institution]] fellows to develop a "Model Law for Terrorist Incapacitation."<ref name=Brookings>{{citation | |||
| title = Designing Detention: A Model Law for Terrorist Incapacitation | |||
| author = [[Benjamin Wittes]], Colleen A. Peppard | |||
| publisher = Brookings Institution | date = 26 June 2009 | |||
| url = http://www.brookings.edu/papers/2009/0626_detention_wittes.aspx}}</ref> | |||
==References== | |||
{{reflist|2}} | |||
Revision as of 16:24, 6 January 2010
Barack Obama, on taking office as President of the United States, faced the reality of several hundred prisoners in extrajudicial detention at Guantanamo Bay detention camp, and possibly others at U.S. facilities in Afghanistan and Iraq. He had made a campaign promise to close Guantanamo, which has not happened in his first year but the Administration is moving to do so. Some prisoners have been freed, some deported, five associated directly with the 9-11 Attack scheduled to be tried in Federal court (U.S. v. Khalid Sheikh Mohammed, et al.), and no decision has been made for others.
In his announcement on 13 November 2009, Attorney General Eric Holder also said that five other defendants would still go before military commissions. [1]
The Federal government has stated its intention to acquire the little used Thomson Correctional Institute from the state of Illinois and convert it to "supermax" standards, with facilities for military commissions. This facility would replace Guantanamo.[2]
While the President has said that some prisoners are too dangerous to be released, but, for reasons not always disclosed, should not be tried in a civilian court, the legal structure for such indefinite discussion is unclear. One analysis, on which the Administration has made no comment, is a proposal by Brookings Institution fellows to develop a "Model Law for Terrorist Incapacitation."[3]
References
- ↑ Eric Holder (November 11, 2009), Departments of Justice and Defense Announce Forum Decisions for Ten Guantanamo Bay Detainees, U.S. Department of Justice. Retrieved on January 5, 2010
- ↑ Oscar Avila and Kristen Schorsch (23 December 2009), "Thomson prison Guantanamo plan: Feds confirm Illinois prison could hold USS Cole bombing suspects, September 11 plotters", Chicago Tribune
- ↑ Benjamin Wittes, Colleen A. Peppard (26 June 2009), Designing Detention: A Model Law for Terrorist Incapacitation, Brookings Institution