The Supreme Court's recent decision in Boumediene v. Bush was a terrible blunder that repudiated the measures governing the treatment and legal status of terrorist detainees, agreed to in good faith by President Bush and the U.S. Congress multiple times. It is now once again up to Congress and the president to resolve the numerous legal issues and complications resulting from Boumediene. Luckily, Senator Lindsey Graham is on the job. On July 31, Sens. Graham and Lieberman introduced the Enemy Combatant Detention Review Act, which would clarify the procedures for judicial review of the Guantanamo detainees' habeas corpus petitions. The legislation would charge a single court - the U.S. District Court for the D.C. Circuit - with review of all detainee habeas petitions, and would also legislate clear rules for review of those petitions. For example, a detainee would not be allowed to see secret evidence against him, though his lawyer would be able to do so. Also, soldiers on the battlefield could not be called from their posts to testify unless the presiding judge deems it absolutely necessary. The law would also stipulate that no detainee be released in the United States. If his habeas petition was affirmed by the court, the detainee would be transferred into the custody of the Department of Homeland Security, which would arrange his transfer back to his country of origin or a third country willing to take him. It's unlikely that the Detention Review Act will be put to a vote this year, but Graham and Lieberman, along with their cosponsors, have at least made a good faith effort to address some of the serious and pressing national security concerns that have arisen as a consequence of Boumediene. Will Senator Obama join them? Wait. You probably already know the answer to that.
Matthew Continetti
Fixing "Boumediene"
The Supreme Court's recent decision in Boumediene v. Bush was a terrible blunder that repudiated the measures governing the treatment and legal status of terrorist detainees, agreed to in good faith by President Bush and the U.S. Congress multiple times. It is now once again up to Congress and the…
Matthew Continetti · August 1, 2008
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