The Supreme Court recently reversed itself and agreed to hear two combined cases that have the potential to affect the legal fates of hundreds of men detained at Guantanamo Bay (and an undefined number currently held by the U.S. elsewhere around the world). In Boumediene v. Bush and Al Odah v. U.S., two issues are at stake. First, the Court will review the provisions of the Military Commissions Act (MCA) that purport to strip Guantanamo detainees of the right to bring habeas corpus challenges to contest their incarceration. Second, the Court will examine the Combatant Status Review Tribunals used to determine whether suspects are enemy combatants that the U.S. will continue to hold. it also has been widely reported that many detainees fear that their attorneys are working for the U.S. government and that the Department of Justice has sought to limit the contacts and monitor the mail between the detainees and their lawyers. Classified evidence allegedly makes it even harder for suspects to defend themselves. Panelists consider the implications of the Court's possible rulings in these cases, as well as the broader issues raised by the MCA. What might happen next in this area? What can we learn from history? What are the implications in the context of the current war, and in the context of fighting terrorism, an effort that may extend indefinitely?

• Laurence P. Claus, Professor of Law, University of San Diego School of Law (Real Video / Windows Media)
  
• Jeh Charles Johnson, Paul, Weiss, Rifkind, Wharton & Garrison LLP (Introduction: Real Video / Windows Media)
• Hina Shamsi, Deputy Director & Senior Counsel, U.S. Law and Security Program, Human Rights First (Real Video / Windows Media)
• Colonel Dwight H. Sullivan, Chief Defense Counsel, Office of Military Commissions; U.S. Marine Corps Reserve (Real Video / Windows Media)
• Thomas P. Sullivan, Jenner & Block LLP (Real Video / Windows Media)

Link to discussion: Real Video / Windows Media
Link to questions and answers: Real Video / Windows Media

A transcript of the panel discussion is available here.