Al Qaeda Detainees and Congress's Duty

News Type: Opinion — Seeded on Fri Nov 21, 2008 8:57 AM EST

Article Source: Wall Street Journal

world-news, terrorism, detainees, gitmo, boumediene-v-bush, al-aqeda, congresss-duty

Last June in Boumediene v. Bush, the Supreme Court ruled for the first time in our history that aliens captured and held as enemy combatants abroad (in this case, at the Guantanamo Bay military base) had a constitutional right to challenge their detentions by filing petitions for habeas corpus in federal court. The Court recognized that its holding was unprecedented. Yet it said that it was not deciding how such proceedings should be conducted, or even what the government must show to prevail.

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ShaunV

More importantly, in many cases, the government has faced great difficulty in collecting and presenting evidence in a manner that protects the vital sources and methods upon which our national security depends. Indeed, lacking clear protections for classified information, we have found at times that we are simply unable to provide our best evidence to the court. Our national security framework, in short, is not -- and should not be -- designed primarily to handle the burdens of discovery accompanying ordinary civil litigation.

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#1 - Fri Nov 21, 2008 9:02 AM EST

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SHAUNV

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Al Qaeda Detainees and Congress's Duty

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