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The Detention Dilemma

In Gitmo Opinion, Two Versions of Reality

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Update April 25, 2011: On Sunday night, a number of news outlets and WikiLeaks published a trove of classified documents on detainees at Guantanamo Bay. ProPublica has been reporting on Gitmo and the issues surrounding indefinite detention for more than two years. In October 2010, Dafna Linzer revealed how the Obama administration censored one federal judge's Gitmo decision that had questioned the government's evidence against a detainee.

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Newly Released Memo Inadvertently Reveals CIA Held (and Abused) Missing Prisoner

According to various reports, a U.S.-held detainee named Hassan Ghul provided key intelligence on the courier who ultimately led authorities to Osama bin Laden. In 2009 we reported that, despite the U.S.’s silence on his case, Ghul had been captured in Iraq and held in a secret CIA prison.

VIDEO: Dafna Linzer Discusses Guantanamo on CNN

Gitmo and the Federal Judiciary: Our Coverage of the Habeas Lawsuits

The WikiLeaks documents released on Sunday night have raised again the legal and moral dilemma surrounding the indefinite detention of the Guantanamo prisoners, an issue that former ProPublica reporter Chisun Lee covered for more than two years.

Appeals Court Makes It Easier for Gov’t to Hold Gitmo Detainees

The case could make it more difficult for prisoners at Guantanamo Bay to win release.

Obama Counterterrorism Adviser Slams Congressional Efforts to Block Guantanamo’s Closure

President Obama’s counterterrorism adviser, John O. Brennan, delivered the administration’s most forceful public call to date for the closure of the Guantanamo Bay Detention Center and the use of federal courts to try some detainees held there.

Obama Makes Indefinite Detention and Military Commissions His Own

Prisoners held in indefinite detention at the Guantanamo Bay camp will periodically be reviewed by a board and have a “personal representative” to advocate for them. But the system, similar to what was in effect under the Bush administration, does not bring President Obama closer to shutting Gitmo.

Obama Expresses Displeasure With Guantanamo Restrictions But Signs Them Into Law

The president says he will seek the repeal of new provisions tucked into defense-spending legislation, but averts a confrontation with the new Congress by not raising constitutional objections.

Disclosure of Possible Gitmo Signing Statement Spurs Debate Inside and Outside Administration

Revelation that the Obama administration is weighing whether to issue a presidential statement rejecting Congressional limits on Guantanamo prompts vigorous debate.

Administration Prepares to Defy Efforts to Limit Obama’s Options for Guantanamo

President Obama would sign the military spending bill but also reject several provisions that restrict his handling of Guantanamo prisoners.

White House Drafts Executive Order for Indefinite Detention

The White House is moving ahead with an executive order that will provide for periodic assessments of prisoners detained without charges at Guantanamo.

DOJ’s Troubled Case Against Uthman

Evidence of terrorism ties hinged to witnesses who have been tortured, deemed incompetent weaken the government's case against Uthman.

Exclusion of Coercion-Tainted Evidence Echoes Other Gitmo Cases

A federal judge's decision today is latest in series of government losses in Gitmo-related cases that relied on evidence gained during coercive interrogations.

Justice Dept: No Charges Coming Soon Against Prisoner Who Was Waterboarded

Prosecutors have hit a wall in their case against Abd al-Rahim al-Nashiri, who is accused of masterminding the Cole bombing.

Rare Interrogator Testimony Defeats Gitmo Torture Claim in Civilian Court

A newly declassified opinion in a Guantanamo prisoner lawsuit gives the most detailed picture yet of how U.S. authorities might overcome allegations that torture taints key evidence.

Judges Reject Interrogation Evidence in Gitmo Cases

The government has lost eight of 15 cases in which Guantánamo inmates have said they or witnesses against them were forcibly interrogated, according to a ProPublica review.

Gitmo Challenges Could Endanger Half of Convictions

Two legal challenges to the Guantanamo military commissions system could undo half the convictions won so far.

Gitmo Judge Recuses Self After Complaint Based on ProPublica Interview

A federal judge has recused himself from a case challenging the detention of a Gitmo prisoner after the detainee’s lawyer complained that views he expressed in a ProPublica interview meant he couldn’t be fair.

As Gitmo Detainees’ Legal Victories Mount, Obama Administration Resists Orders to Release

Despite court rulings that many Guantanamo prisoners are being held unlawfully, the government says it is not obligated to free them.

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