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In the 1998 movie, The Siege, one of the characters bemoans the lack of respect for legal authority by stating that “these people, they don’t give a shit about your laws”. For the sake of this study, the question is whether the target of that observation is terrorists or the last two presidential administrations. The object of the research is to present a balanced analysis of the background and context for actions taken by the latter president following the heinous multiple attacks against the United States on September 11, 2001 together with the response to them. More specifically, the paper examines the detention policy put in place by the George W. Bush and Barack Obama administrations at Guantanamo Bay Naval Base in Cuba (GITMO) and elsewhere, relays criticism of the treatment of enemy combatants, reviews court cases which centered around detention policy, and offers an extended commentary of the effectiveness of that policy and of the Bush and Obama record in fighting terrorism. The importance of this topic continues to reverberate in American politics. While President Barack Obama quickly issued an executive order forbidding torture as a method of interrogation at the outset of his presidency, his promise to close the prison facility at GITMO has gone unfulfilled. Further, the recently-released Senate Select Intelligence Committee’s report about CIA tactics in dealing with enemy combatants raises disturbing moral and legal questions. Finally, the renewal of violence in Iraq and the growing threat of ISIS increase the likelihood of direct confrontation between American and enemy forces, thereby keeping detention policy in the forefront of the strategy to confront international terrorism.

Gitmo’s Folly II: Torture, Trials, and Tribulations of US Detention Policy in the Wake of 9/11