If Obama declared hostilities at an end, the Guantanamo detainees would be no different from people who were washed up on U.S. territory by accident, like shipwrecked sailors. Those who pose no danger to the United States (about 86 of the 166), and cannot be returned to their countries, could receive refugee status under existing laws. Those who are known to be dangerous could be arrested under criminal law. If I am correct that section 1027 is unconstitutional, both groups could be brought to the United States. The detainees we cannot convict would be released. That may be politically unpalatable but it is legally unimpeachable.
Saturday, May 4, 2013
President Obama Can Shut Guantanamo Whenever He Wants