This article discusses the unique and perhaps bizarre litigation surrounding the detainees held in Guantanamo Bay, Cuba by the United States Government. The article describes in detail the development of the litigation making “meaningful judicial review” impossible for the detained men. The article also describes how one attorney has strategically advanced the causes of his clients in spite of restrictive classification of material and impossible legal standards. The article describes the conditions and logistics surrounding visiting clients in Guantanamo and litigating cases.
Finally, the article concludes that the only way to "win" the Guantanamo litigation is through a "Dada" approach to the problem. The conditions are so onerous and the restrictions are so illogical that it falls upon litigators to embrace the chaos and irrationality. Public opinion can be swayed by using a new and creative approach and the keys to Guantanamo are buried with the general public and its muted outrage over the injustice the detainees suffer.
"Navigating a "Legal Black Hole": The View From Guantanamo Bay,"
ConLawNOW: Vol. 5
, Article 3.
Available at: http://ideaexchange.uakron.edu/conlawnow/vol5/iss1/3