ACLU attorney Jonathan Hafetz discusses the McCain-Lieberman bill‘s potential to replace the US justice system with arbitrary and indefinite military detention, Obama’s confirmed policy of extrajudicial assassination of suspected American terrorists, illegal government actions shielded by invocations of national security and sovereign immunity and how the Bill of Rights degenerated from a guarantee of individual liberty to a conditional permission slip subject to the whims of government.
MP3 here. (30:23)
Jonathan Hafetz is an attorney with the National Security Project of the American Civil Liberties Union. He was counsel of record in Al-Marri v. Spagone, a landmark case challenging the indefinite military detention of a lawful resident alien arrested in the United States. Mr. Hafetz was also lead counsel in Jawad v. Obama, a habeas corpus challenge that secured the release of Afghan youth Mohammed Jawad from illegal detention at Guantánamo. He was co-counsel in Munaf v. Geren a case involving the detention of two U.S. citizens in Iraq decided by the Supreme Court in 2008.
In addition, Mr. Hafetz has helped coordinate the Guantánamo detainee habeas corpus litigation since its earliest stages and has testified before Congress on habeas corpus and detainee rights. He also serves as frequent commentator on national security issues and his writings have appeared in numerous publications, including The Nation, The American Prospect, the Los Angeles Times, and The National Law Journal. Mr. Hafetz’s book, The Guantanamo Lawyers: Inside a Prison, Outside the Law (Mark Denbeaux, co-editor) was published by NYU Press in November 2009.
Mr. Hafetz previously served as Litigation Director for the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He also formerly served as a Gibbons Fellow in Public Interest and Constitutional Law at Gibbons, P.C., and as a law clerk to the Honorable Jed S. Rakoff, U.S. District Court for the Southern District of New York, and Sandra L. Lynch, U.S. Court of Appeals for the First Circuit.