Gitmo War Detainee Rights: Back on the Table in an Unresolved Constitutional Case

 

Entrance to and from Gitmo

My introduction to this article in full from here (Politico, May 29, 2020 with update included) with this headline:

“Judge mulls bringing Guantanamo prisoner to U.S.”

Threat could prompt Pentagon to allow phone calls between prisoners and their attorneys

My View: First of all, I have a serious problem with allowing or giving any war prisoner like in this case full or even partial constitutional rights to any detainee held for war crimes against the United States. 

Rights under the Geneva Conventions for POWs and detainees – I have no problem with that, but this I consider this telephone right, well just a “right too far.”

FYI: Some legal history here on this topic – “Due Process for Guantanamo Detainees: The D.C. Circuit Rules in Qassim Case”

The post for today in part below with full article at Politico:

A federal judge said that he'll consider ordering a Guantanamo Bay war-on-terror prisoner brought to the United States if authorities don't come up with a way for the detainee to have regular telephone contact with his attorneys. 

District Judge Reggie Walton said he doesn't consider adequate an email- and fax-based system the Defense Department has set up to handle legal mail between some detainees and their lawyers as visits have been disrupted by the coronavirus pandemic.

During an hour-long telephone hearing on the case of Somali-born Guleed Duran, the judge raised the prospect of moving Duran to the U.S. if the Pentagon continues to resist arranging phone calls between him and his attorneys. 

Judge Walton said: “It just seems to me that with all the technology that we have that there has to be some way that can be accomplished.  Again, it's the government's decision to house this man at Guantanamo. The government does have the option of bringing this man to the United States and housing him here at a secure facility in the United States.”

Walton continued: “So, the government is going to have to make some decisions: either you provide the mechanism by which counsel can have this kind of telephonic communication with the client and if you can't do that then the government may have to bring him here to the United States while the pandemic is in play. I don’t think the government can have — what my mother always said: You can't have your cake and eat it, too.”

A DOJ lawyer, Terry Henry, quickly told the judge that bringing Guantanamo prisoners to the U.S. is a nonstarter because the National Defense Authorization Act (NDAA) prohibits such transfers, adding: “I just want to clarify the government does not have the option to bring the detainee to the U.S. because of the statutory restriction.”

Judge Walton said: “The Trump administration could always ask Congress to change the law. It's not something you couldn't at least attempt to do.”

Story continues at the link. Thanks for stopping by.