Previewing Benjamin Wittes’ New Book on Law and Terror and Guantanamo
by Kenneth Anderson
I understand that Opinio Juris will be hosting a discussion of Benjamin Wittes’ new book, Law and the Long War: The Future of Justice in the Age of Terror (Penguin 2008) when it is released for distribution on June 19. That is a very good thing to do. I have heard Ben present material from that book and My Sources have got me an advance copy, which I am now reading, and I think it is the most important new element in the discussion of terrorism, detainees, and Guantanamo to appear in years and years. In particular, Ben has done something no one else has done, so far as I know, and read word for word all the available transcripts of what the detainees themselves have actually said about who they are. He has performed an invaluable service for everyone in these arguments by trying to pull together data and not just anecdotes about the detainees. Particularly for a new Democratic administration trying to go forward next year, and trying to figure out what to do beyond the slogan, “Close Guantanamo,” Ben’s book provides crucial information, as well as core analysis on which a new administration can decide how to make new policy. I had heard parts of this before in various presentations Ben has made around DC, but reading it whole shows me just how extremely good and important this book is. Certainly I look forward to reading the Opinio Juris book discussion.
Related Posts
- November 4, 2008 -- Where Have I Seen the NYT’s Detainee Data Project Before …? And Is the Times Implying that It’s Okay to Hold Some Detainees Without Trial?
- August 2, 2008 -- Law and the Long War: Closing Post
- August 1, 2008 -- Rounding Things Up
- August 1, 2008 -- Closing Thoughts on the Road Ahead
- August 1, 2008 -- A Few Final Thoughts and the Problem of Un-Ringing Bells…
- August 1, 2008 -- Al-Marwallah’s Ears Must Be Burning
- July 31, 2008 -- Quick al-Marwalah Follow-Ups
- July 31, 2008 -- More Detention Cases
- July 31, 2008 -- Al-Marwallah and Standards for Detention
- July 31, 2008 -- So Are They All Just Criminals?
- July 31, 2008 -- The al-Marwalah Detention
- July 31, 2008 -- War Zones, Substance, and Procedure in Terrorism Prosecutions
- July 31, 2008 -- Prevention
- July 31, 2008 -- Try the Detainees
- July 30, 2008 -- The Forgotten H.R. 6615
- July 30, 2008 -- Thoughts on Detention
- July 30, 2008 -- Judge Wilkinson and the Ambiguity of the “Conduct that . . . Aims to Harm” Criterion
- July 30, 2008 -- A Brief Aside on Detention: Alien Enemies and the EDA
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- July 30, 2008 -- The Ten Principles of Detention
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- July 29, 2008 -- Complexity in the Afghan-Pakistan theater and the Role of the War Model in the War on Terrorism
- July 29, 2008 -- Some Additional Thoughts
- July 29, 2008 -- Responding to Steve and Deborah
- July 29, 2008 -- Should Judges or Congress Elaborate the Procedural Details of Habeas Review?
- July 29, 2008 -- Push a Square Peg into a Round Hole, or Build Another Hole?
- July 29, 2008 -- Not Enough Law? Compared to What?
- July 29, 2008 -- The Purpose of Habeas Corpus
- July 29, 2008 -- Back to Ben on the Courts
- July 29, 2008 -- The Role of the Courts
- July 29, 2008 -- More on the Role of the Courts in the “Long War”
- July 29, 2008 -- A Point of Clarification
- July 29, 2008 -- Not All Hearsay Rules Are Created Equal
- July 29, 2008 -- The Real Lessons of Law and The Long War
- July 29, 2008 -- Is Messy Constitutionalism the Enemy of Effective Strategy?
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- July 28, 2008 -- Reading Ben’s Book
- July 28, 2008 -- To Ignore International Law Is To Dismiss It
- July 28, 2008 -- Damning International Tribunals with Faint Praise
- July 28, 2008 -- The “War” Model, Iraq’s Role, and the Need for Strategic Focus
- July 28, 2008 -- Peter’s Two Points
- July 28, 2008 -- Don’t Let the Legal Policy Tail Wag the Foreign Policy Dog
- July 28, 2008 -- Wittes’ Law and the Long War: International Law Goes Missing
- July 28, 2008 -- Getting Things Started
- July 28, 2008 -- Opinio Juris Book Discussion: Benjamin Wittes’ Law and the Long War
- July 25, 2008 -- Discussion of Wittes’ Law and the Long War Starts This Monday
- June 27, 2008 -- Wittes’ Law and the Long War: Wise Counsel for the Age of Terror (If That’s What We’re In)
- June 18, 2008 -- Curtis Bradley on Benjamin Wittes’ Law and the Long War
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I saw his presentation at American University and spoke to him about this point. If I remember right, the graphs that formed the core of his presentations are based on the charge sheets prepared at GITMO. The question Ben was unable to answer for me then that I hope he will answer in this discussion is why should we believe the categorizations of information that comes from the GITMO tribunal processes (ART’s and CSRT’s)? If someone admits to something how can we know that was not a coerced confession given all we know at this stage about the things that have gone on at GITMO? The difference between who these people really are and who these documents say they are is a space that I hope Ben will address. How certain is he that he is mapping truth as opposed to mapping a further overlay of appearance that really is more distortion?
My fear of course is that people will cite to this book in the way the introduction suggests as being authoritative without knowing the underlying methodology and questioning it. But, I suspect people really have little interest in truth with these persons held at GITMO - they are considered untermenschen by too many. That is a shame.
Best,
Ben
at 1:38 pm EST Benjamin Davis
I hate to interrupt the planning session for the new Democratic administration, but it is possible that the Republican could win (perhaps unlikely given the current economic mess, but it is within the realm of possibility). McCain would certainly face similar issues and, given his personal history, his actions on this subject would be closely watched. The book (properly weighed) may be helpful to him as well.
at 3:41 pm EST Diplomatic Gunboat