David Remes on WikiGitmoleaks
Habeas lawyer David Remes just sent in the following:
Whatever their significance may be in other respects, the Wikileaks documents have little significance for the detainees still at Guantanamo, because few if any of them will be transferred in the foreseeable future. First, Congress has effectively barred detainee transfers. Second, Obama wants to transfer only 31 of the 172 detainees anyway. (The 31 are the non-Yemenis approved for transfer.) Third, the D.C. Circuit is reversing or remanding all favorable detainee habeas decisions, and affirming almost all the denials.
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Habeas lawyer David Remes just sent in the following:
Whatever their significance may be in other respects, the Wikileaks documents have little significance for the detainees still at Guantanamo, because few if any of them will be transferred in the foreseeable future. First, Congress has effectively barred detainee transfers. Second, Obama wants to transfer only 31 of the 172 detainees anyway. (The 31 are the non-Yemenis approved for transfer.) Third, the D.C. Circuit is reversing or remanding all favorable detainee habeas decisions, and affirming almost all the denials. Finally, the Supreme Court has let stand the D.C. Circuit's Kiyemba ruling that the courts have no power to compel transfers even of detainees who win their habeas cases.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
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