A U.S. Supreme Court decision giving Guantanamo Bay prisoners access to U.S. courts would be a death knell for the detention center and expose the facility and its operations, a legal scholar says.
“One way or the other, Guantanamo will be shut. It?s just a matter of time,” said Michael Greenberger, director of the Center for Health and Homeland Security at the University of Maryland, Baltimore.
“Other cases will come quickly, and detainees will, in some of these cases, get discovery, which will bring to the fore information about how these facilities have been run … which will not look good for the [Bush] administration.”
The Supreme Court has decided the prisoners have the right of judicial review, he said. At question now is whether the limited court review provided by the Bush administration and Congress is adequate.
The military is holding 305 men at the U.S. naval base in Cuba, and many have been there for nearly six years.
Justice Anthony Kennedy, the pivotal vote in so many controversial Supreme Court cases, had the attention of both sides in hearings this week.
His questions appeared focused on how court review should be accomplished.
Kennedy did not tip his hand about whether he thinks review of a detainee?s status by a panel of military officers and a federal appeals court is sufficient.
“If the [Bush] administration wins, it will breathe new life into Guantanamo,” Greenberger said. “A ruling of this sort will bar in-depth judicial consideration. Plans to build new and more permanent facilities there will proceed. Dozens of military commissions will begin.
“Doubtless, worldwide criticism of the United States? detention policy will continue to build.”
The court?s decision is expected in the spring.
The Associated Press contributed to this report.
