Litigation

Political Deal-Making over Gitmo and Detainees?

By Peter Hardin

The contours of ongoing talks between the White House and Sen. Lindsey Graham, over legislation to set guidelines for handling terror detainees, are reported by an intriguing New York Times article. The topic, and the talks, are controversial.

The South Carolina Republican is discussing a measure of Republican support for shutting down the Guantanamo Bay military prison in exchange for an agreement the government will try the accused 9/11 attack plotters before a military commission.

Graham also would like to see legislation that permits delays in advising terror suspects of their Miranda rights; that prefers military commissions over civilian courts for trying high level Qaeda figures; and that permits holding some detainees without trials.

Anthony Romero, executive director of the American Civil Liberties Union, described  Graham?s proposal as a constitutional ?debacle? and warned, ?This Faustian bargain would doom this president?s commitment to civil liberties and rule of law.?

Graham said, ?Judges are begging us to do this.? He added, ?I want Congress and the administration to come up with a detainee policy that will be accepted by courts and so that the international community will understand that no one is in jail by an arbitrary exercise of executive power.? You can learn more about issues related to trying terror suspects in Gavel Grab.

Full post as published by The Gavel on March 04, 2010 (boomark / email).