Defining the Enemy

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The U.S. government says that under its new rules of engagement, war time is all the time, the battlefield is everywhere and the enemy might just as likely be found sitting at a computer as carrying a gun. More than three years after the War on Terror was declared, 550 “enemy combatants” remain locked up at Guantanamo Bay. Many have yet to see a lawyer. Six months ago, the U.S. Supreme Court ruled that the detainees have the right to have their cases heard in U.S. courts, but government lawyers continue to argue that it can’t happen and it won’t be done.

Guests:

Mark Jacobson, visiting scholar at Ohio State University, former special assistant at the Office of the Secretary of Defense

Tom Wilner, Partner at Shearman and Sterling LLP, lead counsel in the Al-Odah case.