Bergdahl Brought Home in Prisoner Exchange

Over the weekend, news broke that the United States government had made the decision to exchange five Guantanamo Bay prisoners for Army Sgt. Bowe Bergdahl roughly five years after his capture by Taliban forces in Afghanistan. While many have applauded the effort to bring home a captured member of the American armed forces, not everybody has been so quick to label this course of action “correct.” Continue reading

Freedom for Sgt. Bergdahl, At a Price

In an opinion piece published in today’s edition of The New York Times, the newspaper’s editorial board explored the foreign policy concerns raised by the Bergdahl prisoner swap, “starting with President Obama’s decision to ignore a law that required him to notify Congress in advance about the bargain that secured the soldier’s freedom, and about how trading five high-value Taliban prisoners from the detention camp in Guantánamo Bay, Cuba, could affect America’s antiterrorism policy.”

The article raises an interesting debate that the Transparent Policy team will continue to explore in upcoming posts; we encourage you to read the article in its entirety here.

Just how much should the United States be doing to “Bring Back Our Girls”?

For the past few weeks, anyone who has opened a newspaper, turned on a television, or logged on to a social media account has come across the recent “Bring Back Our Girls” campaign. Continue reading

House Committee Earmarks $69 Million for New Secret Prison at Guantanamo

The House Armed Services Committee (“HASC”) released its spending bill, the National Defense Authorization Bill,  this past week, reserving a total of $93 million for new construction at Guantanamo Bay Detention Center, including $69 million for a new “high-value detainee complex.” Further, the bill would prohibit the transfer of Guantanamo detainees to the United States for further detention or trial. While the fate of the bill is still uncertain, as it ultimately needs to gain approval from Congress, its very existence indicates that, as many of us have speculated, Guantanamo will not be closing any time soon. Continue reading

How do we define terrorism?

Last week’s shootings at Fort Hood have once again raised a seemingly simple question;

How do we define terrorism?

In the wake of the 2009 Fort Hood shootings, the Army and White House were hesitant to classify the tragedy as terrorism. Instead, the attack was labeled an incident of workplace violence, much to the disappointment of survivors and their advocates. In an article published earlier this week, The New York Times points out that the “t-word” was carefully avoided in reference to both Fort Hood shootings, but quickly associated with last year’s Boston Marathon bombings. Continue reading

Federal Courts v. Military Commissions: The Debate Isn’t Over

After last week’s conviction of Bin Laden’s son-in-law Sulaiman Abu Ghaith in Federal Court, Attorney General Eric Holder issued a statement praising the trial as a demonstration that Federal Court is the proper venue for high-profile terrorism cases. As I cited in a post earlier this week, Holder said of the trial:

“We never doubted the ability of our Article III court system to administer justice swiftly in this case, as it has in hundreds of other cases involving terrorism defendants. It would be a good thing for the country if this case has the result of putting that political debate to rest. This outcome vindicates the government’s approach to securing convictions against not only this particular defendant, but also other senior leaders of al Qaeda.” Continue reading

Abu Ghaith Convicted

Sulaiman Abu Ghaith, Bin Laden’s son-in-law, was convicted this week of conspiring to kill Americans and a series of other terror-related charges.

Abu Ghaith, was indicted nearly a year ago in The Southern District of New York, just a few blocks from the World Trade Center site, for his role in the September 11th attacks and as a senior associate of Bin Laden. Since news of Abu Ghaith’s indictment was first released last March, there has been a great deal of debate regarding whether SDNY was the appropriate forum for the trial. While many believed SDNY could hold a fair, safe trial for such a high-profile case, many opponents believed a military commission was a far more appropriate venue. Continue reading

Al Nashiri Before a Military Commission at Gitmo

This guest post was written by Charles R. Church, and is drawn from his copyrighted e-book titled My Week at Guantanamo’s War Court, which is available on amazon.com.

 

My excitement ran high when Mark Denbeaux phoned to tell me I would be heading to the Guantanamo Naval Base for a week, for I had been studying, writing and talking about both its detention facility and its military commissions for years. Now I would be attending, as a journalist and observer, pretrial proceedings in the military tribunal capital prosecution of abd al Rahim Hussayn Muhammad Al Nashiri, the Saudi claimed to have presided over bin Laden’s “boats operation,” for which he had planned three attacks on foreign ships, including the devastatingly lethal one in 2000 on the USS Cole, the destroyer fueling in Aden Harbor in Yemen. Continue reading

John Rizzo Speaks On Time With CIA

Last week, John Rizzo, the former acting General Counsel for the CIA, spoke at the Center on National Security at Fordham Law School about his new book, Company Man. Rizzo spent most of the time addressing the widespread perception that the 9/11 attacks occurred as a result of failures within the CIA and other intelligence agencies within the U.S. government. Continue reading

Death Penalty Sought for Boston Marathon Bomber Tsarnaev

Yesterday afternoon, prosecutors in the Boston Marathon bombing case announced that Attorney General Eric Holder has authorized them to seek the death penalty against Dzhokhar Tsarnaev, one of two suspects believed to have carried out the bombing. Tsarnaev’s older brother Tamerlan and second suspect was killed by police during a fire fight shortly after the bombing. Continue reading