Brookings: Topics - Guantánamo

The Scouting Report: President Obama’s Progress on Closing Guantánamo

Wed, 02 Dec 2009 12:30:00 GMT

Event Information:

December 02, 2009, 12:30 PM to 1:30 PM

On Wednesday, December 2, Senior Fellow Ben Wittes will participate in a live web chat and will answer questions about President Obama’s plans for closing Guantánamo, Khalid Sheik Mohammed’s upcoming trial, and White House Counsel Greg Craig’s sudden resignation. Politico’s Fred Barbash will moderate the discussion.

Governance Studies

Thu, 19 Nov 2009 09:55:43 GMT

Governance Studies brings together people interested in improving the performance of our national government and bettering the economic security, social welfare, and opportunity available to all Americans.

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.

The Scouting Report: Delays in Closing Guantánamo Bay

Wed, 29 Jul 2009 12:30:00 GMT

Event Information:

July 29, 2009, 12:30 PM to 1:30 PM

President Obama recently announced that his administration will need at least six more months to devise a long-term plan for detainees in the military detention facility at Guantánamo Bay, Cuba who cannot be tried but are considered too dangerous for release. Brookings expert Benjamin Wittes joined Fred Barbash, senior editor at Politico, in a live web chat about the challenges the Obama administration faces in closing Guantánamo.

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.

President Obama's Plan to Close the Prison Camp at Guantánamo Bay

Fri, 22 May 2009 10:40:59 GMT

As the national security debate continues, one question is whether the president has provided enough specifics for lawmakers to accede to his requests. There are no easy options for closing the prison camp at Guantánamo Bay, according to Wittes; as commander in chief, Obama must weigh all risks to Americans.

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.

Better Rules for Terrorism Trials

Fri, 08 May 2009 00:00:00 GMT

More than seven years after 9/11, the government’s legal, practical and moral authority to detain suspected terrorists without trial remains a subject of fierce debate. Robert Litt and Wells Bennett say Congress could significantly ameliorate the problem by authorizing the creation of a National Security Bar, a permanent corps of security-cleared lawyers who could represent defendants in terrorism-related cases.

Guantanamo Detainees: Is a National Security Court the Answer?

Tue, 17 Mar 2009 10:00:00 GMT

Event Information:

March 17, 2009, 10:00 AM to 11:30 AM

President Obama’s decision to close the Guantanamo Bay prison camp has left many thorny questions for his administration to resolve. On March 17, the Brookings Institution hosted a Judicial Issues Forum in partnership with the Progressive Policy Institute to examine these questions.

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.

The Scouting Report: Guantanamo Bay and Detainees

Wed, 19 Nov 2008 12:30:00 GMT

Event Information:

November 19, 2008, 12:30 PM to 1:30 PM

The incoming administration has indicated that one of its first priorities will be to close Guantanamo Bay. The Scouting Report continued its weekly web chat with Brookings expert Benjamin Wittes, who answered questions about how President Obama can put a legal framework in place to end the clash over detainee rights. Politico's David Mark moderated.

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.

Obama, McCain, un juriste et un militaire face aux droits humains

Wed, 01 Oct 2008 00:00:00 GMT

Justin Vaisse discusses how Obama and McCain approach human rights issues, from capital punishment to Guantanamo and torture. (French)

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.

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.

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.

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.

Attack on a Fundamental Right

Sun, 22 Jul 2007 00:00:00 GMT

Letter to the Editor by Roberta Cohen, Washington Post (7/22/07)

Confession as Propaganda: Khalid Sheikh Mohammed Displays his Public Relations Skills

Thu, 15 Mar 2007 00:00:00 GMT

Article by Daniel L. Byman, Slate (3/15/07)

U.S. Interrogation Practices: Are We Compromising Medical Ethics and Violating International Law?

Mon, 17 Oct 2005 10:00:00 GMT

Event Information:

October 17, 2005, 10:00 AM to 11:30 AM

The CIA and the War on Terror: Here We Go Again

Thu, 30 Jun 2005 00:00:00 GMT

Opinion by Muqtedar Khan, Al-Ahram (6/30/05)

The Wrong Symbol: Mistakes at Guantanamo Fuel Muslims' Hatred for the U.S.

Sun, 26 Jun 2005 00:00:00 GMT