Q&A: Gitmo Lawyer Shayana Kadidal on SCOTUS Ruling

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


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.

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And we need your support like never before, to fight back against the existential threats American democracy faces. Fundraising for nonprofit media is always a challenge, and we need all hands on deck right now. We have no cushion; we leave it all on the field.

It’s reader support that enables Mother Jones to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And we need your support like never before, to fight back against the existential threats American democracy faces. Fundraising for nonprofit media is always a challenge, and we need all hands on deck right now. We have no cushion; we leave it all on the field.

It’s reader support that enables Mother Jones to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate