Wednesday, March 23, 2011

NYC Bar Association Outlines Problems with Proposed Detainee Restrictions

In a well-written, persuasive letter to Senate leaders, the New York City Bar Association spells out the numerous problems with pending legislation that seeks to place further restrictions on the Executive Branch's ability to deal with the detainees at Guantanamo Bay. If implemented, the new rules would, in essence, make trial by military commission the only available forum for trying the detainees. The legislation would also make repatriating any of the detainees currently at GTMO virtually impossible. That means the dozens of individuals "cleared" by the Bush and Obama administrations would face the same fate as those deemed "the worst of the worst"--unending detention.

Of course, proposed restrictions on the attorneys representing the detainees present another troubling set of problems, as Jon Tracy noted here earlier in the week.