Detaining the Accused

If every accused individual, whether an American or non-citizen, is presumed innocent until proven guilty in a court of law, and trial is promised without undue delay, how can the accused be lawfully detained for over 18 years without being criminally charged? Under what legal authority and justification does the Military Commissions possess to extensively deprive the accused of life or liberty? And finally, what steps can be taken to ensure due process rights for the accused are upheld, while upholding military interests and defense against threats to national security?

The full article is available here: 20200901 NatSecJournal–Detaining the Accused (Gamble)

J. Gamble Written by:

Mr. Gamble is a business and program analyst, completing his third year at Georgetown University Law Center with a legal focus on Intellectual Property, Human Rights, and National Security. He holds a Bachelor's of Science in Engineering, as well as a dual M.B.A. and M.S. in Technology and Project Management. He has served for over 13 years in the Department of Defense in both military and civilian capacities, and currently works for the District of Columbia Courts.

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