Detainees' Rights

In "Closing Down the Dark Side," Mark Kukis says there is a problem with how the suspected detainees at a shutdown Guantánamo would be prosecuted if brought to the U.S. [Dec. 8]. If this were done, he says, "avowed terrorists" might walk away "on a technicality." In light of recent Supreme Court decisions making the writ of habeas corpus available to Guantánamo detainees, this is precisely how those detainees are to be tried, regardless of venue. To downsize a constitutional right into a technicality in the field of American jurisprudence is equivalent to considering gravity a technicality in the field of...

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