I don’t really believe the above statement is true, but I was drafting a piece on the importance of due process when I read the excellent piece in the New Yorker on terrorism and torture, which tied together several things I was going to comment on! While it sucks that my own draft now seems derivative, Jill Lepore is about a thousand times better a writer than I am, so I’m actually quite relieved. Among the issues she touches on is the long-standing commitment to due process (from the Magna Carta), and the weird legal limbo that Guantanamo Bay is currently in. There’s an assumption that, because of its geographical location, the country of Cuba has some input on on what goes on there, but the reality is that it’s “a no-man’s land.”
I’m really sorry the above article is behind a paywall, but if there’s some way you can access it, I highly recommend it. I’m going to alter my own upcoming blog post to address some of the issues raised by the article.