| The Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking
Wittes, Benjamin; Chesney Robert M.; Benhalim, Rabea
Brookings Institution, Governance Studies, January 22, 2010, online edition, 106p (PDF)
"On January 22, 2009, President Obama set a one-year deadline for closing the military prison at Guantánamo Bay, Cuba. With the facility still open and the president’s decision not to seek additional legislative authority for detentions there—combined with Congress’s lack of interest in the task—judges must write the rules governing military detention of terrorist suspects."
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. Robert M. Chesney is a nonresident senior fellow in Governance Studies at The Brookings Institution. Rabea Benhalim is a legal fellow in Governance Studies at The Brookings Institution.
Go to the report at:
http://www.brookings.edu/~/media/Files/rc/papers/2010/0122_guantanamo_wittes_chesney/0122_guantanamo_wittes_chesney.pdf
C15/01-10. Posted January 29, 2010
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