The Human Consequences of the War on Terror
A story of the Bush administration's response to the attacks of September 11, 2001 - and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. This work chronicles the black hole of the American judicial system since 2001.
Jose Padilla short-shackled and wearing blackened goggles and earmuffs to block out all light and sound on his way to the dentist. Fifteen-year-old Omar Khadr crying out to an American soldier, 'Kill me!' Hunger strikers at Guantanamo being restrained and force-fed through tubes up their nostrils. John Walker Lindh lying naked and blindfolded in a metal container, bound by his hands and feet, in the freezing Afghan winter night. This is the story of the Bush administration's response to the attacks of September 11, 2001 - and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. In this vitally important book, Peter Jan Honigsberg chronicles the black hole of the American judicial system from 2001 to the present, providing an incisive analysis of exactly what we have lost over the past seven years and where we are now headed.
List of Illustrations The Cuban Iguana and American Jurisprudence Foreword by Erwin Chermerinsky Opening Part One: Manipulating the Law Introducing the Term Enemy Combatant Justifying Harsh Interrogations and Torture Asserting Absolute Power as Commander-in-Chief Part Two: Lawless Detentions in America Yaser Hamdi, American Citizen Jose Padilla, American Citizen Ali Saleh Kalah Al Marri, American Resident Preventive Detention Part Three: Lawless Detentions in Guantanamo I. Guantanamo and the Road to the Supreme Court, 2002-2004 Why Guantanamo? Martin Luther King Weekend, January 2002 The Road to the Supreme Court With a Little Help from the Cuban Iguana A Historic Supreme Court Decision: Rasul v. Bush II. Inhumane Treatment of Detainees at Guantanamo Interrogation Log of a Guantanamo Detainee FBI Report: July 29, 2004 Denial of Treatment Suicides at the Base Emergency Response Force Hunger Strikers and Forced Feeding III. The Administration under Siege, 2004-2006 Combatant Status Review Tribunals (CSRTs) Government Interference with Attorneys The Administration's Legal Position Falters Detainee Treatment Act of 2005 IV. Winds of Change, 2006-2008 A Second Historic Supreme Court Decision: Hamdan v. Rumsfeld The Military Commissions Act The Third Guantanamo Case: Boumediene v. Bush Supreme Court Oral Arguments A Parallel Case on Reviewing CSRT Hearings The Return to War Crime Prosecutions: Hicks, Khadr, and Hamdan Victory: Boumediene v. Bush Part Four: Foreign Prisons and CIA Black Sites The Evolution of Extraordinary Rendition Case Study: Khalid El-Masri Case Study: Maher Arar Case Study: Abu Omar Violating Human Rights Laws Part Five: Detentions in America with Due Process John Walker Lindh Richard Colvin Reid Zacarias Moussaoui The Lackawanna Six Closing Addendum: Visiting Guantanamo Bay List of Abbreviations Notes Index