September 10, 2010
Nine years after Sept. 11 and 20 months into the Obama presidency, our nation is still flummoxed about what to do with captured terrorists, writes HLS Professor Jack Goldsmith in an op-ed in today's Washington Post. In his op-ed, "A way past the terrorist detention gridlock," Goldsmith says that while there is no "silver bullet" for this problem, there are several steps the administration could take toward resolution. Goldsmith is a member of the Hoover Institution's Task Force on National Security and Law and served as an assistant attorney general in the George W. Bush administration. He is the author of “The Terror Presidency: Law and Judgment Inside the Bush Administration.”
by Jack Goldsmith
Nine years after Sept. 11 and 20 months into the Obama presidency, our nation is still flummoxed about what to do with captured terrorists. The Obama administration is stuck about where the Bush administration was, with little hope in sight for progress.
Guantanamo Bay has proved harder to close than the Obama administration anticipated. Many terrorists there are too dangerous to release and, for a variety of evidentiary reasons, cannot be brought to trial. Our allies have taken fewer detainees than we would like. These men will thus have to be held in U.S. custody. But neither Congress nor the American people is keen on transferring them to the United States.