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Jonathan Hafetz, who helped coordinate the filing of more than twenty friend-of-the-court briefs in Boumediene v. Bush, has a commentary up on TAP Online today about Wednesday's oral arguments:
It could not be clearer that this administration will never provide the detainees at Guantanamo with a fair hearing unless the Supreme Court directly orders it to do so. Perhaps the administration has no evidence in some cases. Perhaps its evidence has been obtained through torture or other methods that would offend the values of any civilized society. Perhaps the administration is just opposed in principle to having to justify its decisions to a federal judge. Or, perhaps it's a combination of all three. But, whatever the reason, the current situation at Guantanamo is intolerable and unacceptable in any country that takes the rule of law seriously.Read the rest (and comment) here.--The Editors
