Thursday 11 March 2010

CRS on the Guantanamo closure

The Congressional Research Service has provided Congress with several reports addressing the issues involved in closing the Guantanamo Bay detention center. Legal issues and legislative proposals are plentiful and CRS has been providing excellent analysis of the issues. Closing the Guantanamo Detention Center: Legal Issues presents an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees (either to a foreign country or into the United States), the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and substantive protections that are utilized in different adjudicatory forums (i.e., federal civilian courts, court-martial proceedings, and military commissions). Guantanamo Detention Center: Legislative Activity in the 111th Congress presents an analysis of relevant provisions in recently enacted legislation and selected pending bills. Other relevant reports are
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court and Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court . All these reports date from fall 2009.

hattip: Joe Hodnicki

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