The Inevitability of Military Detention

Largely overlooked in Judge Kaplan’s Ghailani Order is his statement that Ghailani’s “status as an ‘enemy combatant’ probably would permit his detention as something akin to prisoner of war until hostilities between the United States and Al Qaeda and the Taliban end even if he were found not guilty in this case.”  Attorney General Eric Holder agrees with the general point, as does Defense Department General Counsel Jeh Johnson.

Continue reading Jack Goldsmith on Lawfare...