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Amidst numerous pending war-on-terror-related court cases, ranging from the upcoming Supreme Court's consideration of the case of Ali Saleh Kahlah al-Marri (Al-Marri v. Pucciarelli), to the case involving the Uighurs, to the various district court and courts of appeal cases, how the Obama Administration will handle these matters remains unclear. These cases implicate a full panoply of substantive and procedural issues: Does the laws of war paradigm apply to al Qaeda members like Mr. al-Marri, who were lawfully present in the United States at the time they were apprehended? What are the proper circumstances in which to invoke the state's secrets doctrine? What legal architecture will the United States use in the years ahead while prosecuting war against a resolute and difficult foe? While some changes to the Bush Administration's policies are probably inevitable, should the Obama Administration retain the key elements of the existing U.S. war-on-terror-related strategies? Will the new administration's policies remain grounded in the laws of war, or will they switch to a pre-September 11 law enforcement paradigm? These and other questions will be addressed by our panel of experts. Audio recorded on February 24, 2009.
- David B. Rivkin, Jr. Esq., Partner, Baker & Hostetler LLP
- Charles "Cully" D. Stimson, Senior Legal Fellow, Center for Legal and Judicial Studies, The Heritage Foundation
- Moderator: Hon. Edwin Meese, III, Ronald Reagan Distinguished Fellow in Public Policy and Chairman, Center for Legal and Judicial Studies, The Heritage Foundation
National Press Club