Q&A: Gitmo Lawyer Shayana Kadidal on SCOTUS Ruling

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Shayana Kadidal, senior managing attorney of the Guantánamo project at the Center for Constitutional Rights, isn’t afraid to voice his opinion on the latest SCOTUS ruling in favor of Guantanamo detainees.

Below, excerpts from his conversation with MoJo reporter Stephanie Mencimer:

Mother Jones: Just as a refresher, since it seems as though the administration’s rationale is constantly shifting, why exactly does the Bush administration want so desperately to keep the detainee cases out of federal civilian courts?

Shayana Kadidal: The whole point of creating Guantanamo was to create a black hole to avoid oversight by the courts. They can’t justify the detention of these guys in federal court.

It’s fundamentally an interrogation camp, not a detention camp. They never intended to prosecute and punish them.

MJ: By failing to afford the detainees basic due process rights, not to mention using torture, the Bush administration has succeeded in the extraordinary feat of making Americans feel sorry for the people held at Guantanamo, even though the detainees are supposedly extremely dangerous terrorists out to destroy us. Do you think that the five Supreme Court justices who voted for the detainees were also swayed by the stories about the detainees going crazy after six years in solitary confinement and other allegations of abusive treatment?

SK: The innocence narratives have finally started to catch on. The court finally started to realize that there are scores of innocent people being held there. The notion that there are innocent people down there who have not had a day in court really radiates off the page of the opinion of the majority.

MJ: But Justice Scalia writes at one point that the majority opinion will “almost certainly cause more Americans to be killed.” Is there any reason to believe that he’s right?

SK:The assertion that the criminal justice system isn’t set up to handle these cases is nonsense. We have successfully tried in U.S. District Courts the 1993 World Trade Center bombers, the Cole bombers, and the Kenya embassy bombings. There are a million ways of dealing with this problem.

MJ: How soon could the detainees be released?

SK: For most of these guys, we often joke, the day the government has to come to defend the evidence against them is the day after they will get released.

[Note: For a backgrounder on all things Guantanamo, read The Torture Index.

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WE'LL BE BLUNT.

We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

You're here for reporting like that, not fundraising, but one cannot exist without the other, and it's vitally important that we hit our intimidating $390,000 number in online donations by June 30.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. It's going to be a nail-biter, and we really need to see donations from this specific ask coming in strong if we're going to get there.

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