The Dog Ate My Evidence
What happens when the government can’t re-create the case against you?
Let me get this straight: The reason the Justice Department is contemplating redoing the “Combatant Status Review Tribunals” used in 2004-05 to label virtually everyone at Guantanamo Bay an “enemy combatant” is not that it concedes the original hearings were flawed, biased, or relied on evidence obtained by torture. The real reason the government might just be open to convening new CSRTs for the detainees is to get around a looming court-imposed deadline. If DoJ doesn’t do something quickly, it will be required to finally share with the prisoners’ attorneys the secret evidence it has used to hold these guys for all these years. Having told the courts it won’t turn over those records, the government is now telling the court it can’t.