Quality. Independence. Impact.

Home | Contact Us | Media Resources

Wednesday February 10, 2010

Welcome   |   Register   |   Log in

Legal Architecture for the War on Terror

RESEARCH AND COMMENTARY

Save to My PortfolioThe Courts' Shifting Rules on Guantánamo Detainees

Robert M. Chesney and Benjamin Wittes, February 05, 2010, The Washington Post

The Courts' Shifting Rules on Guantánamo DetaineesPresident Obama's decision not to seek additional legislative authority for Guantánamo detentions, along with Congress's lack of interest in taking on the subject, means that judges must write the rules governing military detentions of terrorist suspects, write Benjamin Wittes and Robert Chesney. The result is that a detainee's likelihood of prevailing in his habeas suit will be largely a function of which judge hears his case. Read More

Legal Architecture for the War on Terror, Guantánamo, Courts, Justice and Law, Judges

RESEARCH AND COMMENTARY

Save to My PortfolioThe Emerging Law of Detention: The Guantánamo Habeas Cases as Lawmaking

Benjamin Wittes, Robert M. Chesney and Rabea Benhalim, January 22, 2010, The Brookings Institution

The Emerging Law of Detention: The Guantánamo Habeas Cases as LawmakingOn January 22, 2009, President Obama set a one-year deadline for closing the military prison at Guantánamo Bay, Cuba. With the facility still open and the president’s decision not to seek additional legislative authority for detentions there—combined with Congress’s lack of interest in the task—judges must write the rules governing military detention of terrorist suspects, write Benjamin Wittes, Robert Chesney and Rabea Benhalim. Read More

Legal Architecture for the War on Terror, Guantánamo, Terrorism, Courts, Judges

VIDEO

Save to My PortfolioWhy Obama Won't Close Guantánamo on Time

Benjamin Wittes, January 21, 2010

Within days of his inauguration, President Obama signed an executive order that called for closing of the Guantánamo Bay detention center in a year’s time and mandated that detainees be given due process. Benjamin Wittes says there are many reasons why the facility won’t close now or anytime soon.

Guantánamo, Legal Architecture for the War on Terror, Terrorism, Courts, National Security

RESEARCH AND COMMENTARY

Save to My PortfolioNo Place to Write Detention Policy

Benjamin Wittes and Jack Goldsmith, December 22, 2009, The Washington Post

The task of creating American detention policy has moved from the executive branch to federal judges. These judges inherited the responsibility because Congress and the current administration have not offered a clear definition of who can be detained, a coherent set of rules to determine who is an enemy, or guidance on disclosing evidence to detainees' lawyers write Benjamin Wittes and Jack Goldsmith. Read More

Legal Architecture for the War on Terror, Justice and Law, Judges, U.S. Judiciary, U.S. Congress

PAST EVENT

Save to My PortfolioThe Scouting Report: President Obama’s Progress on Closing Guantánamo

Wednesday, December 02, 2009
12:30 PM to 1:30 PM
Washington, DC

The Scouting Report: President Obama’s Progress on Closing GuantánamoOn Wednesday, December 2, Senior Fellow Ben Wittes participated in a live web chat and will answer questions about President Obama’s plans for closing Guantánamo, Khalid Sheik Mohammed’s upcoming trial, and White House Counsel Greg Craig’s sudden resignation. Politico’s Fred Barbash moderated the discussion. Read More

Legal Architecture for the War on Terror, Guantánamo, Courts, The Presidency

RESEARCH AND COMMENTARY

Save to My PortfolioThe Scouting Report Web Chat: President Obama’s Progress on Closing Guantánamo

Benjamin Wittes, December 02, 2009, The Brookings Institution

The Scouting Report Web Chat: President Obama’s Progress on Closing GuantánamoThe decision to try accused 9/11 mastermind Khalid Sheikh Mohammed and his co-conspirators in New York has brought renewed attention to detainees at Guantánamo Bay. On Wednesday, December 2, Benjamin Wittes answered questions in an online web chat to about President Obama’s plans for closing Guantánamo and Khalid Sheik Mohammed’s upcoming trial. Read More

Legal Architecture for the War on Terror, Guantánamo, Courts, The Presidency

VIDEO

Save to My PortfolioProsecuting Khalid Sheikh Mohammed in Federal Court

Benjamin Wittes, November 18, 2009

The decision to prosecute alleged 9/11 master-mind Khalid Sheikh Mohammed and his co-conspirators in a civil trial in the Southern District of New York sparks debate on how to best try terrorism suspects. Benjamin Wittes offers his views on the significance of trying terror detainees in the U.S. civilian judicial system.

Legal Architecture for the War on Terror, Justice and Law, U.S. Department of Justice, Terrorism, U.S. Politics

RESEARCH AND COMMENTARY

Save to My PortfolioPresident Obama's Decision on Closing Guantánamo

Benjamin Wittes, September 29, 2009, The Washington Post

President Obama's decision not to go to Congress for help in establishing reasonable standards for the continued detention of Guantánamo detainees is a failure of leadership in the project of putting American law on a sound basis for a long-term confrontation with terrorism, writes Benjamin Wittes. It is bad for the country, for national security and for civil liberties, and represents a virtually wholesale adoption of the failed policies of his predecessor. Read More

Guantánamo, Legal Architecture for the War on Terror, Terrorism, The Presidency, U.S. Congress

VIDEO

Save to My PortfolioDetainee Abuse Reviewed

Benjamin Wittes, August 28, 2009

Attorney General Eric Holder appointed a special prosecutor to investigate CIA operatives’ alleged abuse of terrorism detainees. Benjamin Wittes says officials from both parties question the reach of the inquest, but that Holder has acted entirely appropriately.

Legal Architecture for the War on Terror, Terrorism, U.S. Department of Justice, National Security, Guantánamo

VIDEO

Save to My PortfolioHow Should the Obama Administration Handle Guantánamo Bay Detainees?

Benjamin Wittes, August 05, 2009

The Obama administration is considering two different options for prosecuting Guantánamo Bay detainees in the United States. One option calls for trying detainees in several different federal courts in New York, Washington, D.C. and Virginia. The other idea is to try all such cases at a super-max prison in either Michigan or Kansas. Benjamin Wittes says resolving the many issues associated with Guantánamo Bay presents a challenge for the administration.

Guantánamo, Legal Architecture for the War on Terror, Terrorism, Justice and Law, Executive Branch

PAST EVENT

Save to My PortfolioThe Scouting Report: Delays in Closing Guantánamo Bay

Wednesday, July 29, 2009
12:30 PM to 1:30 PM
Washington, DC

President Obama recently announced that his administration will need at least six more months to devise a long-term plan for detainees in the military detention facility at Guantánamo Bay, Cuba who cannot be tried but are considered too dangerous for release. Brookings expert Benjamin Wittes joined Fred Barbash, senior editor at Politico, in a live web chat about the challenges the Obama administration faces in closing Guantánamo. Read More

Guantánamo, Legal Architecture for the War on Terror, Terrorism, U.S. Department of Justice

BOOK

Save to My PortfolioLegislating the War on Terror: An Agenda for Reform

Benjamin Wittes, July 01, 2009

Editor Benjamin Wittes leads an authoritative lineup of legal experts and former government officials, many of whom have served on the legal front lines of the War on Terror. Together they present an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights of freedom. Read More

Terrorism, Legal Architecture for the War on Terror, Guantánamo

RESEARCH AND COMMENTARY

Save to My PortfolioUnited States Detention Policy: Will Obama Follow Bush or FDR?

Benjamin Wittes and Jack Goldsmith, June 29, 2009, The Washington Post

President Obama seems poised to adopt the Bush administration's unilateral approach to detention. This approach has failed President Bush and it will not serve President Obama any better, write Benjamin Wittes and Jack Goldsmith. The president can still get what he needs on detention, they say, if he works from Congress's bipartisan center, releases more substantial information about the detainees he thinks cannot be set free, and speaks often about the need for stable rules to govern non-criminal detentions. Read More

Legal Architecture for the War on Terror, The Presidency, U.S. Congress, Terrorism, Courts

RESEARCH AND COMMENTARY

Save to My PortfolioDesigning Detention: A Model Law for Terrorist Incapacitation

Benjamin Wittes and Colleen A. Peppard, June 26, 2009, The Brookings Institution

Designing Detention: A Model Law for Terrorist IncapacitationClosing the detention camp at Guantánamo Bay by President Obama's January deadline is pressuring the administration to craft a new system for incarcerating terrorist suspects, possibly through an executive order. Benjamin Wittes and Colleen Peppard suggest instead a model law for terrorist incapacitation. Read More

Legal Architecture for the War on Terror, Terrorism, Justice and Law, Guantánamo, Executive Branch

VIDEO

Save to My PortfolioPresident Obama's Plan to Close the Prison Camp at Guantánamo Bay

Benjamin Wittes, May 22, 2009

As the national security debate continues, one question is whether the president has provided enough specifics for lawmakers to accede to his requests. There are no easy options for closing the prison camp at Guantánamo Bay, according to Wittes; as commander in chief, Obama must weigh all risks to Americans.

Legal Architecture for the War on Terror, The Presidency, Guantánamo, Justice and Law, Terrorism

In Brief

Brookings explores the challenge of creating laws tailored to fighting terrorism in the twenty-first century. Examining the legal issues surrounding the detention, interrogation and surveillance of suspect terrorists, experts offer a legal counterterrorism framework that both authorizes and regulates the difficult actions American forces make when confronting terrorists.

Featured Experts

Benjamin Wittes

Benjamin Wittes

Senior Fellow, Governance Studies

Benjamin Wittes focuses on the Supreme Court; judicial nominations and confirmations; and legal issues surrounding the war on terrorism.
Read More

Robert M. Chesney

Nonresident Senior Fellow, Governance Studies

Robert Chesney is a professor at the University of Texas School of Law and a senior editor at the Journal of National Security Law and Policy. His current research focuses on national security law and policy, constitutional law, and counterterrorism law and policy.
Read More

View All Experts on Legal Architecture for the War on Terror »

Advanced Search | Tips

My Portfolio

My New Content

View suggested content based on items you have saved to your Portfolio.
Log in or register now

Related Topics

View All Topics »

Related Initiatives

View All Initiatives »

Q&A with Ben Wittes

President Obama's Plan to Close Guantánamo

Ben Wittes says that President Obama’s three executive orders on closing Guantanamo Bay and detainee treatment are more of a process than a solution for the problem. In reality, he says, it does less than many expected.

Download

Spotlight

Policy CenterCenter on Children and Families

The Center on Children and Families studies policies on the well-being of America's children and their parents and seeks a more effective means of addressing poverty, inequality and lack of opportunity in the United States.

TopicHealth Care

Brookings is committed to producing innovative policy solutions to our nation’s most difficult challenges. The country may face no more important domestic policy challenge than the much-needed reform of our health care system. Through an institution-wide effort, Brookings delivers new ideas and offers policy solutions to improve health care both at home and globally.

ExpertVanda Felbab-Brown

Vanda Felbab-Brown focuses on the national security implications of illicit economies and strategies for managing them. She is an adjunct professor in the Security Studies Program at Georgetown University’s School of Foreign Service.

ExpertSuzanne Maloney

Suzanne Maloney studies Iran, the political economy of the Persian Gulf and Middle East energy policy. A former U.S. State Department policy advisor, she has also counseled private companies on Middle East issues.

Research ProjectAfrica Growth Initiative

The Africa Growth Initiative conducts high-quality policy research and analysis focused on attaining sustainable economic development and prosperity in Africa, while amplifying the voice of African researchers in policy-making and planning.

Research ProjectLatin America Initiative

The Latin America Initiative provides high-quality, in-depth, and independent research across a range of economic and political issues, and offers policy recommendations aimed at U.S. and Latin American policymakers.

ExpertIsabel V. Sawhill

A nationally known budget expert, Isabel Sawhill focuses on domestic poverty and federal fiscal policy. She is also co-director of the Center on Children and Families at Brookings.

ExpertAmy Liu

Amy Liu is deputy director of the Brookings Metropolitan Policy Program. Her policy studies include economic competitiveness, metropolitan growth and development, governance reforms, urban reinvestment, and social equity.

ExpertRichard C. Bush III

Richard Bush is the director of the Center for Northeast Asian Policy Studies. His public service career spans Congress, the intelligence community and the U.S. State Department. He currently focuses on China-Taiwan and U.S.-China relations, the Korean peninsula and Japan’s security.

Policy CenterCenter for Northeast Asian Policy Studies

CNAPS conducts research, analysis, and outreach designed to enhance policy development and understanding on the pressing political, economic, and security issues facing Northeast Asia.

Policy CenterUrban-Brookings Tax Policy Center

The Tax Policy Center, a joint venture of the Urban Institute and Brookings Institution, is comprised of nationally recognized experts in tax, budget and social policy who have served at the highest levels of government.

ExpertDomenico Lombardi

As president of the Oxford Institute for Economic Policy, Domenico Lombardi’s work at Brookings focuses on the international financial crisis and the reform of the IMF and the World Bank. He is an expert on G-20 and G8 Summits.

ExpertMark McClellan

Mark McClellan works on promoting high-quality, innovative and affordable health care. Once commissioner of the Food and Drug Administration and administrator of the Centers for Medicare & Medicaid Services, Dr. McClellan now directs the Engelberg Center for Health Care Reform.

ExpertMwangi S. Kimenyi

Mwangi S. Kimenyi is a senior fellow with the Africa Growth Initiative. He focuses on Africa's development, including institutions for economic growth, the political economy, and private sector development.

Research ProjectArms Control Initiative

Few problems pose greater challenges to U.S. national security than controlling, reducing and countering the proliferation of nuclear arms. The Brookings Arms Control Initiative brings the Institution’s multidisciplinary strengths to bear on the critical challenges of arms control and non-proliferation.

Research ProjectBrookings-Bern Project on Internal Displacement

The Brookings-Bern Project on Internal Displacement monitors displacement problems worldwide, works with governments, regional bodies, international organizations and civil society to create more effective policies and institutional arrangements for Internally Displaed Persons.

ExpertTed Gayer

Ted Gayer is the co-director of the Economic Studies program and the Joseph A. Pechman Senior Fellow at the Brookings Institution. He conducts research on a variety of economic issues, focusing particularly on public finance, environmental and energy economics, housing, and regulatory policy.

TopicEducation

The economic and political well-being of any society requires a well-educated citizenry. Brookings’s work extends beyond the K-12 bookends to include pre-school interventions, higher education and the challenges of education in developing countries.