Why Gitmo Still Matters

A conversation with attorney Thomas Wilner, counsel of record to Guantanamo detainees in two landmark Supreme Court cases, on the miscarriage of justice called “Gitmo.”

A detainee is escorted to a secure facility at Guantanamo Bay, Cuba (DoD photo).

By Michael Judge

I first had the pleasure of working with Thomas Wilner in late 2008 when I edited an op-ed of his for The Wall Street Journal titled “We Don’t Need Guantanamo Bay.” Wilner—whom I respected greatly then and now—was counsel of record to Guantanamo detainees in two Supreme Court cases: Rasul v. Bush (2004), in which the court gave detainees in the U.S. naval base in Guantanamo Bay, Cuba, the right to habeas corpus; and Boumediene v. Bush (2008), in which the court held that the detainees’ right to habeas corpus is protected by the U.S. Constitution.

Sadly, it now looks as if KSM, the self-proclaimed architect of 9/11 and his four co-defendants, may never face a jury. Settlement talks are underway that would allow them to plead guilty, avoid the death penalty, and serve life in prison—either in Guantanamo Bay, Cuba, or after being transferred elsewhere.

What Wilner argues to this day is that just…