Brookings: Experts - Benjamin Wittes

Prosecuting Khalid Sheikh Mohammed in Federal Court

Wed, 18 Nov 2009 17:29:00 GMT

The decision to prosecute alleged 9/11 master-mind Khalid Sheikh Mohammed and his co-conspirators in a civil trial in the Southern District of New York sparks debate on how to best try terrorism suspects. Benjamin Wittes offers his views on the significance of trying terror detainees in the U.S. civilian judicial system.

President Obama's Decision on Closing Guantánamo

Tue, 29 Sep 2009 00:00:00 GMT

President Obama's decision not to go to Congress for help in establishing reasonable standards for the continued detention of Guantánamo detainees is a failure of leadership in the project of putting American law on a sound basis for a long-term confrontation with terrorism, writes Benjamin Wittes. It is bad for the country, for national security and for civil liberties, and represents a virtually wholesale adoption of the failed policies of his predecessor.

Detainee Abuse Reviewed

Fri, 28 Aug 2009 13:48:41 GMT

Attorney General Eric Holder appointed a special prosecutor to investigate CIA operatives’ alleged abuse of terrorism detainees. Benjamin Wittes says officials from both parties question the reach of the inquest, but that Holder has acted entirely appropriately.

How Should the Obama Administration Handle Guantánamo Bay Detainees?

Wed, 05 Aug 2009 09:24:05 GMT

The Obama administration is considering two different options for prosecuting Guantánamo Bay detainees in the United States. One option calls for trying detainees in several different federal courts in New York, Washington, D.C. and Virginia. The other idea is to try all such cases at a super-max prison in either Michigan or Kansas. Benjamin Wittes says resolving the many issues associated with Guantánamo Bay presents a challenge for the administration.

Legislating the War on Terror : An Agenda for Reform

Wed, 01 Jul 2009 12:00:00 GMT

Editor Benjamin Wittes leads an authoritative lineup of legal experts and former government officials, many of whom have served on the legal front lines of the War on Terror. Together they present an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights of freedom.

United States Detention Policy: Will Obama Follow Bush or FDR?

Mon, 29 Jun 2009 00:00:00 GMT

President Obama seems poised to adopt the Bush administration's unilateral approach to detention. This approach has failed President Bush and it will not serve President Obama any better, write Benjamin Wittes and Jack Goldsmith. The president can still get what he needs on detention, they say, if he works from Congress's bipartisan center, releases more substantial information about the detainees he thinks cannot be set free, and speaks often about the need for stable rules to govern non-criminal detentions.

Designing Detention: A Model Law for Terrorist Incapacitation

Fri, 26 Jun 2009 00:00:00 GMT

Closing the detention camp at Guantánamo Bay by President Obama's January deadline is pressuring the administration to craft a new system for incarcerating terrorist suspects, possibly through an executive order. Benjamin Wittes and Colleen Peppard suggest instead a model law for terrorist incapacitation.

The Supreme Court Confirmation of Judge Sonia Sotomayor

Wed, 27 May 2009 00:00:00 GMT

Only a few years ago, a Supreme Court nominee like Judge Sonia Sotomayor could expect quick, nearly unanimous confirmation. Yet recent trends in Supreme Court nominations show Sotomayor can expect a highly contentious confirmation. Brookings expert Ben Wittes writes, our system has gone from one in which people like Sotomayor, Chief Justice John Roberts and Justice Samuel Alito are shoe-ins for confirmation to a system in which they are shoo-ins for confirmation confrontations.

Obama's Guantánamo Blueprint and America's Enemies

Thu, 21 May 2009 00:00:00 GMT

Last week, President Obama outlined his approach to closing the Guantánamo Bay detention center on the heels of Congress voting overwhelmingly to block the $80 million he requested to close the the prison. The speech was forward-looking, writes Brookings expert Ben Wittes, in that he maintained the need for a preventative detention system created by Congress and overseen by the courts.

Looking Forward, Not Backward: Refining American Interrogation Law

Sun, 10 May 2009 00:00:00 GMT

Benjamin Wittes and Stuart Taylor examine how to amend American interrogation laws to balance the need to avoid the past administration's excesses against the need to get intelligence from captured terrorists. They review the post-September 11 evolution of Bush administration policies on interrogation, the experiences of the CIA and the military and the lessons to be learned from those experiences.

The Best Judges Obama Can't Pick

Sun, 03 May 2009 00:00:00 GMT

As President Obama considers his pick to replace retiring Supreme Court Justice David Souter, several supporters insist on getting more diversity on the bench. As Benjamin Wittes cautions, Democrats have less latitude for bucking these expectations in judicial nominations than Republicans do, as the conservative talent pool on the federal courts is larger and deeper than the liberal one.

President Obama's Plan to Close Guantánamo

Thu, 22 Jan 2009 16:40:53 GMT

Ben Wittes says that President Obama’s three executive orders on closing Guantanamo Bay and detainee treatment are more of a process than a solution for the problem. In reality, he says, it does less than many expected.

The Obama Orders: A Quick and Dirty Analysis

Thu, 22 Jan 2009 00:00:00 GMT

In his second full day in office, President Obama issued three major executive orders concerning interrogation and detention in the war on terrorism. As expert Ben Wittes writes, the most eagerly anticipated order closing the prison at Guantanamo Bay is far less significant than the interrogation order, and falls short of answering the major detention-policy questions facing America today, including the fate of Guantanamo’s residents.

The Challenges of Closing Guantánamo

Tue, 13 Jan 2009 00:00:00 GMT

President-elect Barack Obama plans to fulfill his campaign promise and issue an executive order next Wednesday directing the closing of the Guantánamo Bay detention camp in Cuba. Benjamin Wittes joined experts in a New York Times running commentary to discuss the challenges the new administration will face in closing Guantánamo.

The Current Detainee Population of Guantánamo: An Empirical Study

Tue, 16 Dec 2008 00:00:00 GMT

On January 22, 2009, President Obama signed an executive order to close down the detention facility at Guantánamo Bay, Cuba. Benjamin Wittes and his colleagues identify and describe, in as much detail as the public record will permit, the current population of detainees at Guantánamo, what the government alleges about them and what they claim about their own affiliations and conduct.

Nuts and Deadbolts: A Blueprint for the Closure of Guantanamo Bay

Mon, 08 Dec 2008 00:00:00 GMT

The U.S. Congress has voted overwhelmingly to block the $80 million President Obama requested to close the Guantanamo Bay prison. On May 21, the president gave a national security address to discuss in greater detail his plan for closing Guantanamo. Brookings expert Ben Wittes offers a checklist of important decisions the president must make before he can shutter the detention camp.

Wrenching Choices on Guantanamo

Fri, 21 Nov 2008 00:00:00 GMT

President-elect Obama has reiterated his campaign promise to close Guantanamo Bay. As Benjamin Wittes writes, the incoming administration must create a systematic and rigorous review of the detainee population, whose handling will require wrenching choices with no easy answers.

Closing Guantanamo

Fri, 14 Nov 2008 00:00:00 GMT

In an interview with CBS News, Benjamin Wittes discusses three possible ways the Obama administration could close the prison at Guantanamo Bay.

American Interrogation Policy in the War Against Terrorism

Thu, 17 Jul 2008 00:00:00 GMT

The interrogation programs of both the military and the intelligence community have been criticized at great length for being inconsistent with American values. In testimony before the House Committee on the Judiciary, Benjamin Wittes examined America's interrogation policy in the war against terrorism and offered steps towards a healthier statutory environment.

The Future of Justice in the Age of Terror

Thu, 03 Jul 2008 00:00:00 GMT

Benjamin Wittes discusses recent legal developments in the war on terror with Josh Patashnik of The New Republic and Andrew McCarthy, director of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies.

Law and the Long War: The Future of Justice in the Age of Terror

Mon, 23 Jun 2008 00:00:00 GMT

Six years after the September 11 attacks, America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda but to its own failure to construct a set of laws that will protect the American people. Now, in the twilight of President Bush’s administration, Benjamin Wittes offers an analysis of the troubling legal legacy of the Bush administration, the U.S. Congress and the Supreme Court.

Congress's Guantanamo Burden

Fri, 13 Jun 2008 00:00:00 GMT

A divided Supreme Court ruled that Guantanamo Bay detainees have a right to seek release. Benjamin Wittes writes that many fundamental questions remain unanswered and urges Congress to enact a comprehensive legislative solution to the problem of detentions in the war against terrorism.

Legitimacy Crisis - Military Trials Discussion

Thu, 05 Jun 2008 00:00:00 GMT

Dahlia Lithwick of Slate and Benjamin Wittes of The Brookings Institution examine the military tribunals being held at Guantanamo Bay, terrorism detainees, and the legal framework on the War on Terror.

Handling Terrorism Detainees within the American Justice System

Wed, 04 Jun 2008 00:00:00 GMT

The U.S. Supreme Court ruled this week that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. In recent testimony to the Senate Judiciary Committee, Benjamin Wittes addressed the need for building an appropriate regime for detaining alien terrorist suspects seized abroad.

State of Civil Unions: California Court Strikes Down Marriage Ban

Tue, 20 May 2008 00:00:00 GMT

California Supreme Court struck down the state's ban on same-sex marriage, and ruled that civil unions are not a legally adequate substitution for marriage. Are then civil union supporters the legal equivalent of segregationists? The California court thinks so, writes Benjamin Wittes.

Unusual Nonsense: Supreme Court's Decision about "Cruel and Unusual Punishment"

Mon, 28 Apr 2008 00:00:00 GMT

The Supreme Court recently handed down a decision upholding as constitutional the specific mixture of drugs by which thirty states put condemned prisoners to death. In this piece, Ben Wittes writes about the Supreme Court's failure to rationalize its decisions about cruel and unusual punishment.

John Yoo Interrogation Memo

Sat, 05 Apr 2008 00:00:00 GMT

The Justice Department recently released John Yoo's 2003 "torture" memo to Congress. Questions remain on what to do with the people the military and the CIA interrogated brutally in 2002 and 2003, writes Ben Wittes, and how the CIA should handle such people in the future.

What Happens If the Supreme Court Recognizes Individual Gun Rights? Not Much.

Fri, 21 Mar 2008 00:00:00 GMT

A decision recognizing an individual right to gun ownership will put a limit on how far gun control can go, writes Ben Wittes. Those who dream of a gun-free society will have to dream of ratifying a new constitutional amendment.

Trial by Fire: How Military Commissions Work and Why They Fail

Thu, 14 Feb 2008 00:00:00 GMT

The trial of Khalid Sheikh Mohammed will test President Bush's military commissions, according to Brookings Benjamin Wittes, and reveal how they work and why they fail.

Mukasey Has the Capacity to Be a Great Attorney General, But Not the Time

Thu, 31 Jan 2008 00:00:00 GMT

Attorney General Michael Mukasey has the capacity to be a great attorney general, writes Brookings Benjamin Wittes, but not the opportunity. Arriving a year too late, Mukasey will not achieve greatness himself, but might set the table for it in the next attorney general, who will have a momentous opportunity to institutionalize and shape the war on terrorism in law for the long term.

Gun Shy: The Justice Department Weighs in on the Second Amendment

Fri, 25 Jan 2008 00:00:00 GMT

Benjamin Wittes examines Solicitor General Paul Clement's legal brief in the Supreme Court case challenging the constitutionality of Washington, D.C.'s handgun ban and argues that "Acknowledging the amendment as proclaiming a right, but candidly treating that right as more flexible and less absolute than its neighbors in the Bill of Rights" is an appropriate way to translate Second Amendments values from the founding era to our own.

The Death Clock: Don't Count Out the Death Penalty Yet

Mon, 07 Jan 2008 00:00:00 GMT

The U.S. Supreme Court is hearing arguments on whether the drugs used in lethal injections constitute cruel and unusual punishment. While capital punishment appears on the wane, Benjamin Wittes argues that this will not be the end of the death penalty.

Detention Retention: Are Guantanamo Detainees All Innocent?

Fri, 07 Dec 2007 00:00:00 GMT

Detainees held for nearly six years at the Guantanamo Bay military prison recently received another hearing at the Supreme Court. But neither the justices nor the public should take at face value the insistence that large numbers of innocents populate Guantanamo, writes Benjamin Wittes. The broader debate over Guantanamo has suffered greatly from these overbroad claims of erroneous detentions.

A Legal Framework for Detaining Terrorists: Enact a Law to End the Clash over Rights

Thu, 15 Nov 2007 00:00:00 GMT

A core challenge facing the next president in the war on terror is developing a legal framework for detaining terrorists. Brookings’s experts Benjamin Wittes and Mark Gitenstein offer recommendations that balance basic protections for detainees with regularized judicial review.

Waterboarding and Torture

Tue, 06 Nov 2007 00:00:00 GMT

Controversial interrogation techniques such as waterboarding have become flash points in the debate over the limits of U.S. interrogation policy since the launch of the Iraq war. Fellow Benjamin Wittes discusses waterboarding and its political implications.

The Mukasey Ultimatum

Mon, 29 Oct 2007 00:00:00 GMT

On Tuesday, a divided Senate Judiciary Committee approved Michael Mukasey as U.S. attorney general despite concerns about his refusal to denounce simulated drowning as torture. Fellow Benjamin Wittes writes that there are several good reasons to let Mukasey dodge that question.

The Democrats and Bush Don't Really Disagree Much on FISA

Mon, 15 Oct 2007 00:00:00 GMT

Democratic leaders in the House promised to bring a bill back to the floor this week to update warrantless wiretapping laws. One thing is abundantly clear, states fellow Benjamin Wittes, the Democrats and Bush administration don't really disagree much on FISA.

Why I'm Not Looking Forward to the New Supreme Court Term

Mon, 01 Oct 2007 00:00:00 GMT

The Supreme Court begins its term on October 1st. Benjamin Wittes of Governance Studies weighs in on some of the big cases on their schedule and the ideological divisions within the court.

Mukasey is the Right Attorney General - Seven Years Too Late

Tue, 18 Sep 2007 00:00:00 GMT

Benjamin Wittes argues that while Federal District Judge Michael Mukasey's nomination to be the next attorney general is a home run, he faces a daunting challenge in turning around a demoralized department before the end of this administration's term.

The Law On Wiretapping

Sat, 18 Aug 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (8/18/07)

The Supreme Court's Looming Legitimacy Crisis

Mon, 25 Jun 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (6/25/07)

The Conservative Legal Establishment's Strange Youth Culture

Mon, 28 May 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (5/28/07)

James Comey's Damning Testimony

Thu, 17 May 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (5/17/07)

Alberto Gonzales Digs Himself a Deeper Hole

Mon, 14 May 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (5/14/07)

The Supreme Court's Shift on Abortion is Not What You Think

Mon, 30 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/30/07)

The Supreme Court's EPA Ruling Isn't As Important As You Think

Mon, 16 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/16/07)

Who Should Replace Alberto Gonzales?

Mon, 02 Apr 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (4/2/07)

Ditch the Second Amendment

Mon, 19 Mar 2007 00:00:00 GMT

The U.S. Supreme Court is hearing District of Columbia’s gun-ban appeal. The city's ban on handguns is one of the strictest in the nation and has been in place for 31 years. In this context, Benjamin Wittes argues that the Second Amendment is linked to institutions that no longer exist, but that its modern interpretation embodies values that many do not agree with. So to enable sensible gun control, "Let's repeal the damned thing," Wittes says,

José Padilla: Would-Be Terrorist or White House Victim?

Tue, 06 Mar 2007 00:00:00 GMT

Opinion by Benjamin Wittes, The New Republic (3/6/07)

The Courts Can't Fix Guantanamo

Thu, 22 Feb 2007 00:00:00 GMT

Opinion by Benjamin Wittes; The New Republic (2/22/07)