The Supreme Court must define the scope of war-time detention, and ensure that the right to habeas corpus is a meaningful one that tests, and does not endorse, the government’s case.
Congress must lift the unnecessary restrictions on transfer and release from Guantánamo, particularly for the 86 men whom our security services and military have unanimously determined should be released.
And the President must show the courage of his previously-stated convictions and either prosecute the other 77 men in federal court, if there is untainted evidence against them, or set them free (the 3 remaining prisoners were convicted by deeply flawed military commissions).
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