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    The $100,000 Guantanamo Question

    This Sunday Barack Obama repeated his promise to close Guantanamo. Since the media is still coddling their favorite son, CBS’s Steve Kroft did not bother to ask how. As Heritage Senior Legal Fellow Charles Stimson tells the Christian Science Monitor, it is the how that is the hard part: “It … More

    No Big 'Change' Coming on Guantanamo Detainees

    According to The Washington Post, the Obama administration is planning to “launch a review of the classified files of the approximately 250 detainees at Guantanamo Bay immediately after taking office, as part of an intensive effort to close the U.S. prison in Cuba.” Obama hopes to close GITMO quickly but, … More

    Is Miranda Coming to the Battlefield?

    During Salim Hamdan’s U.S. military commission trial last week, defense lawyers pressed FBI agent’s on whether or not Hamdan (who has been accused of being Osama bin Laden’s driver) was ever read a Miranda warning (the Miranda v. Arizona U.S. Supreme Court decision in 1966, which held that potential criminal … More

    Morning Bell: The Five Generals

    In the 2006 case Hamdan v. Rumsfeld, four members of the Supreme Court joined a concurring opinion by Justice Stephen Breyer that said: Nothing prevents the President from returning to Congress to seek the authority [for trial by military commission] he believes necessary. … The Constitution places its faith in … More