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Wikileaks and the Rule of Law at GTMO: A Roundtable Discussion at Foreign Policy

Robert Chesney
Saturday, April 30, 2011, 3:51 PM
Last week, amidst the flurry of interest occasioned by the wikileaks disclosure of GTMO detainee assessment documents, I was asked to join a group of folks offering opinions on the matter for Foreign Policy's website.  My brief contribution sounds a cautionary note:
...The publication of the DABs will add fuel to at least two fires that already complicate Barack Obama's Guantánamo policy.

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Last week, amidst the flurry of interest occasioned by the wikileaks disclosure of GTMO detainee assessment documents, I was asked to join a group of folks offering opinions on the matter for Foreign Policy's website.  My brief contribution sounds a cautionary note:
...The publication of the DABs will add fuel to at least two fires that already complicate Barack Obama's Guantánamo policy. First, it will fuel the "recidivism" backlash movement -- that is, it will provide ammunition to those who say the United States has been too reckless in releasing or transferring detainees from Guantánamo in the past (537 times from 2002 through 2008, 67 more times since then). . . . On the other hand, the publication of the DABs also revives an older, competing narrative in which the problem with Guantánamo is not the "false negative" but rather the "false positive."...
Read the rest here.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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