Forensics Journal - Stevenson University 2014 | Page 55

STEVENSON UNIVERSITY

it would subsequently be used to detain practically any suspected
terrorist nearly anywhere in the world. The purported purpose of this
plan was to more effectively fight terrorism and to ultimately secure
the homeland; however, its constitutional infringement, and legal
aftermath, instead created difficulties for the Administration.

Bay holding facility. In his first year in office, Obama amended the
MCA by signing into law the National Defense Authorization Act for
Fiscal Year 2010. This Act contained revisions to the MCA of 2006
and ultimately became known as the MCA of 2009. This amended
version of the MCA addressed concerns about detainee resources,
but otherwise remained unchanged, thus reinforcing the MCA of
2006. This was not the expected outcome. Also unchanged was the
promise to permanently close Guantanamo Bay. What remained was
an ad hoc court system charged with addressing the rising concerns
regarding potentially unlawful and indefinite detentions. While the
Boumediene decision guaranteed defendants a habeas review, it was
the lower courts’ responsibility to decide what evidence, if any, was
sufficient to justify continued imprisonment (Boumediene v. Bush).
This caused confusion amongst law professionals, as the burden of
proof was less than uniform.

The Bush Administration elected to try captured enemy combatants
in military courts, but the legal consequences—and ensuing missteps—conflicted with efforts to effectively capture and try suspected
terrorists. Additionally, prison conditions rapidly deteriorated and
allegations of prisoner mistreatment and abuse began to surface. The
Administration attempted to deflect many of these allegations as “the
misdeeds of a few rogue soldiers” but the courts took notice (Margulies, 229). From the establishment of the Military Order of November 13, 2001 until June 28, 2004, the Bush Administration effectively
detained suspected terrorists without challenge. In some cases, little
to no credible evidence was needed to essentially condemn an individual to a life sentence (Military Order, 2001)

In the years following passage of the MCA of 2009, and in further
opposition to the projected stance of his Administration, President
Obama signed the National Defense Authorization Act of 2012
(“National Defense Authorization Act for Fiscal Year 2012”). This
new legislation would reignite previous fears as a close examination
revealed baffling findings. The NDAA 2012 essentially reinforced
Bush Administration policy, thus prolonging the practice of indefinite detention