Benjamin Wittes, Brookings Institution | November 21, 2008
Obama has pledged to close Guantanamo, yet critical questions must be addressed: what are the rights of detainees? Is preventive detention justified? Do we need a new detention statute with revised standards of proof? ++ Judge Leon's release order for five prisoners begs the question: how many others should simply be let go? ++ Some prisoners cannot be sent home for fear of their own government, and others truly pose a threat. ++ In short, Obama will have to look closely at each case in Guantanamo, a long yet important process.