Guantanamo and the Abuse of Presidential Power

by Joseph Margulies

In his address to the nation on September 20, 2001, President Bush declared war on terrorism and set in motion a detention policy unlike any we have ever seen. Since then, the United States has seized thousands of people from around the globe, setting off a firestorm of controversy. "Guantanamo and the Abuse of Presidential Power" explores that policy and the intense debates that have followed. Written by an expert on the subject, one of the lawyers who fought -- and won -- the right for prisoners to have judicial review, this important book will be of immense interest to liberals and conservatives alike. With shocking facts and firsthand accounts, Margulies takes readers deep into the Guanta namo Bay prison, into the interrogation rooms and secret cells where hundreds of men and boys have been designated "enemy combatants." Held without legal process, they have been consigned to live out their days in isolation until the Bush administration sees fit to release them -- if itever does. Margulies warns Americans to be especially concerned by the administration's assertion that the Presidentcan have unlimited and unchecked legal authority.

Tracing the arguments on both sides of the debate, this vitally important book paints a portrait of a country divided, on the brink of ethical collapse, where the loss of personal freedoms is under greater threat than ever before.

Genres: Politics, Nonfiction, Law

336 pages, Hardcover

First published January 1, 2006

Reviews

[Brian Napoletano · Rating 4 out of 5]

Not necessarily by any virtue of its own, this book has significantly altered the order of the priorities in my life. As I read what was being done to other human beings in my name, I became both outraged that such things would be done so brazenly and determined to ensure that they wouldn't happen again. Since I finished this book in March of 2008, I have invested significant effort into educating myself on the issue of human rights and how the U.S. Government has worked to uphold its commitments to international law. Thus far, the disturbing truth seems to be that the financial interests of a minority of wealthy elites have been the primary force shaping U.S. foreign and domestic policy, and that these same interests are diametrically opposed to the spread of democracy and the rule of international law. My research has also indicated that the media has been complicit in most of the decisions to violate human rights and international law, both to avoid embarrassing questions about its own commitment to corporate profits and to maintain favor with the rulers. While this book only covers a tiny proportion of these issues in its discussion of the Bush administration's decision to detain people illegally and disregard international law, it is the book that first inspired me to ask what the hell was going on in the minds of the rulers.

[Marc · Rating 4 out of 5]

This is a very good and detailed look at the mess that the Dubbya regime made of this. Written by one of the lawyers that took them on in court, it sometimes runs a bit long. He makes the case though.

1) the president and his administration essentially considered themselves above/beyond legal touch. "...the president claims he--and he alone--must have the flexibility to define the enemy as he sees fit...and to act against it no matter what form it takes." p.12
2) therefore even tactics outside Geneva Conventions are permitted (according to the Administration).
3) these stances have globally damaged the US moral position in ways that jeopardize their troops and citizens abroad. Other nations will consider this as permission to ignore long observed Conventions regarding detainees/prisoners.

Number 3 above will affect the nation for years and decades after Bush. For this reason alone, the nation should look on the Bush Presidency as a disaster. Hubris extremata!

[Lawrence]

A balanced and insightful first-hand analysis of the legal morass that is Gitmo. A hugely important work for lawyers, civil rights activists, political scientists and voters alike that also begins to tell the human consequences of one of the greatest war crimes of the Bush presidency. The most critical and unanswered question is when will America bring this renegade Administration to justice?

[Devi · Rating 3 out of 5]

This was an interesting book. It was also a sad book about the abuse of power when we have an imperial presidency.

It is also a story of how smart people can make bad decisions and rationalize them away.

[Rachelle · Rating 4 out of 5]

This book made me want to be a lawyer!

[Erik Tanouye · Rating 5 out of 5]

Terrifying but well-written account of just what the title says.

[Jean Zachariasiewicz · Rating 4 out of 5]

Ugh, what is wrong with our country?

[Craig Bolton]

Guantanamo and the Abuse of Presidential Power by Joseph Margulies (2007)