Posted by Orin Kerr:
Obama to Create Hybrid System to Try Gitmo Detainees?:
http://volokh.com/archives/archive_2008_11_09-2008_11_15.shtml#1226332377
The [1]Associated Press reports on preliminary planning among Obama
advisors about what to do with the Gitmo detainees:
President-elect Obama's advisers are quietly crafting a proposal
to ship dozens, if not hundreds, of imprisoned terrorism suspects
to the United States to face criminal trials, a plan that would
make good on his promise to close the Guantanamo Bay prison but
could require creation of a controversial new system of justice. .
.
Under plans being put together in Obama's camp, some detainees
would be released and many others would be prosecuted in U.S.
criminal courts.
A third group of detainees - the ones whose cases are most
entangled in highly classified information - might have to go
before a new court designed especially to handle sensitive national
security cases, according to advisers and Democrats involved in the
talks. . . .
The plan being developed by Obama's team has been championed by
legal scholars from both political parties. But it is almost
certain to face opposition from Republicans who oppose bringing
terrorism suspects to the U.S. and from Democrats who oppose
creating a new court system with fewer rights for detainees.
I think there are a range of plausible ways to handle the Guantanamo
detainees, and the devil is in the details. But I think a hybrid
system like this sounds promising. Plus, it's a breath of fresh air to
have an incoming President who actually plans to act on Gitmo rather
than preserve the status quo.
Thanks to [2]How Appealing for the link.
References
1.
http://hosted.ap.org/dynamic/stories/O/OBAMA_GUANTANAMO?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT
2. http://howappealing.law.com/
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