In response to the terrorist attacks of 9/11, in October of 2001, the Bush Administration launched the “War on Terror,” an attempt to eliminate all terrorist threats to the United States. As part of this war, the Bush Administration began detaining individuals it believed were linked to terrorism. Instead of capturing these individuals giving them a trial to determine whether they were guilty or innocent, and either sentencing them or releasing them, the Bush Administration detained these individuals at Guantanamo. They were held without due process and without access to federal courts. The Bush Administration repeatedly claimed that is was within the rights of the President, as the Chief Commander during times of war, to dispose of due process rights and detain individuals for undetermined periods of time.
Guantanamo Bay Just Preventative Detention of Terrorist or a Fundamental Violation of Due Process?.
Undergraduate Review, 6, 66-71.
Available at: https://vc.bridgew.edu/undergrad_rev/vol6/iss1/14
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