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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Detention Without Charge or Trial: A “Solution” that Only Compounds the Problem

An article entitled "Detention Without Charge or Trial: A "Solution" that Only Compounds the Problem," published October 8, 2010 on The Huffington Post discusses the current misguided perception of many, including Jack Goldsmith, who believe the recent decision by judge Lewis Kaplan to exclude evidence against Ahmed Ghailani obtained during detention deserves an "I told you so" reaction.

The article, written by Gabor Rona, International Legal Director of Human Rights First attempts to disprove the view of those who believe "this is what happens when you put suspected terrorists on trial rather than simply detain them without charge or trial." To that end, Rona notes that although Ghailani may be the first Guantanamo detainee to be tried, approximately 400 cases have been handled by Article III courts since September 11. Moreover, "intelligence, law enforcement and even military personnel are becoming increasingly cognizant of the need to gather admissible evidence to support criminal charges and trials." The result, according to Rona, is that "we should have very few, if any, cases in which persons must be detained but cannot be tried," where intelligence is lawfully obtained.

For the article's full text, click here

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