Domestic criminal laws at the time didn’t apply to foreign nationals, so President George W. “The right to counsel is a fundamental part of our constitutional sentence system, even for the most unpopular defendants.” Guantánamo Bay is a legal anomalyĪfter 9/11, the Bush administration began holding the relevant detainees at Guantánamo Bay in January 2002, partly to evade the watchful eye of U.S. “This criticism misses one critical point,” Durbin said after Graham’s questioning. Josh Hawley said that he considered her continued work for the detainees “a little concerning.” “They thought that if they created a detention facility in Cuba, the courts wouldn’t be able to reach it.”ĭuring his meeting with Jackson before the hearings, Missouri Republican Sen. “Guantánamo was created in significant part because it was located outside of the United States,” Oona Hathaway, an international law professor at Yale Law School and member of an international law advisory council to the State Department since 2005, told Grid. Jackson continued some of the work on behalf of detainees while in private practice at the firm Morrison & Foerster when she joined in 2007. The cases included an al-Qaeda bomb expert, an intelligence officer for the Taliban, a farmer associated with the Taliban and a Saudi Arabian man trained to fight the U.S. From 2005 to 2007, Jackson represented four Guantánamo Bay detainees as a federal public defense lawyer. Republicans signaled ahead of the hearing they might dive into this area of Jackson’s past. And people were trying to figure out what are the limits of executive authority in this context.” The law governing Guantánamo Bay was “very uncertain” during the Iraq War, she said. This whole thing by the left about this war ain’t working.”īefore he left, Jackson attempted to explain the logic behind her amicus brief. “It’s made up of former detainees at Gitmo.

“Look at the friggin’ Afghan government,” he protested before storming off the dais. government sanctioned torture, which constitutes war crimes under the Alien Tort Statute, against the detainees.) (Durbin later clarified that one of her clients had alleged that the U.S.

He also said one of the petitions for habeas corpus she filed accused the United States of “acting as war criminals” for the indefinite detention. “There is no magic passage of time that you’ve got to let them go.” “We hold enemy combatants as long as they’re a threat,” Graham said during the hearing.

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