Law and the Long War: The Future of Justice in the Age of Terror (Hardcover)

by Benjamin Wittes (Author) "RANDY MOSS IS, perhaps, an unlikely man to have toiled at removing the executive branch's fetters in what later became the war on terrorism..." (more)
Key Phrases: presidential preemption, detainee population, habeas jurisdiction, United States, Supreme Court, Geneva Conventions (more...)

Editorial Reviews

From Publishers Weekly
Brookings Institution fellow Wittes evaluates the war on terror from a refreshingly nonpartisan perspective that assesses the chasm between the gravity of American security needs and the inadequacy of its laws. Both a defense and critique of the Bush administration, the book argues in favor of many of the measures taken by the executive branch while condemning its failure to secure congressional cooperation and the necessary legal architecture to back policies that were bound to be unpopular. Wittes reserves his real ire for a legislature that has ignored its mandated responsibility of creating coherent, legal structure for this war and a Supreme Court that has attempted to extend its jurisdiction over detainees and is increasingly interfering in foreign policy. Wittes's familiarity with the law and excellent analysis of contemporary Supreme Court cases give this book insight that transcends party politics and make for a fascinating read; however, his heavy reliance on legalese may alienate casual readers. His prose, when not bogged down by jargon, is appealing (The Constitution is old—old and short) and services a robust call to action. (June)
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From Booklist
Legal affairs columnist Wittes here examines various legal aspects of the Bush administration’s war on terror, arguing that the structures that are currently in place are inadequate for protracted counterterrorism efforts. The key problem, he finds, is that the administration has asked Congress to create new laws only when the administration felt it had no alternative (and Congress has been content to stand aside). As a result, there exists no “mature legal architecture” (i.e., substantive legislation of adequate breadth and flexibility) for dealing with the civil liberties and human rights concerns that arise in response to aggressive counterterrorism policies. The legal foundation for surveillance, rendition, torture, and Guantánamo is thus cobbled together out of outdated and ill-fitting materials, and its flaws are glaring. In spite of such condemnation, Wittes remains highly sympathetic to the administration’s aims, giving them the benefit of the doubt on matters that other critics of the administration have not. Ultimately, his hope is that innovative legal structures will be forthcoming and seen as legitimate in a way that current efforts are not. --Brendan Driscoll

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Product Details

• Hardcover: 320 pages
• Publisher: Penguin Press HC, The (June 19, 2008)
• Language: English
• ISBN-10: 159420179X
• ISBN-13: 978-1594201790
• Product Dimensions: 9.1 x 6.2 x 1 inches
• Shipping Weight: 1.1 pounds (View shipping rates and policies)
• Average Customer Review: 4.2 out of 5 stars See all reviews (5 customer reviews)
• Amazon.com Sales Rank: #357,248 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

9 of 11 people found the following review helpful:

5.0 out of 5 stars Best single book on Guantanamo, July 4, 2008

By	Kenneth Anderson (Washington DC) - See all my reviews (REAL NAME)

Benjamin Wittes, a former editorial writer for the Washington Post, has written the indispensable book on reforming US policy on detainees at Guantanamo. His exhaustive reading of everything that has been said, by the government, by the detainees themselves uncoerced in open hearings, so to give the best available portrait of the men at Guantanamo today - not those who were there in the first years, but those who are there now - is worth the price of the book. His policy prescriptions are well thought out, moderate, temperate, and are a special call to Congress to stop sniping from the sidelines and actually decide what to do. I do not think that anyone can have a serious opinion about what to do about detainee policy without reading this book.

2 of 2 people found the following review helpful:

5.0 out of 5 stars Best Book on Enemy Combatant Legal Issues, September 19, 2008

By	Richard M. Kuntz (Evanston IL USA) - See all my reviews (REAL NAME)

This is the best currently available treatment of the legal issues attendant to holding and interrogating prisoners in the war on terror. It stakes out a middle road between unchecked executive autonomy and unworkable judicial review. It benefits from detailed examination of actual evidence and the stories of many detainees, to make the point that our standard criminal justice system is not capable of dealing with terrorists presenting an imminent danger, captured on foreign soil, but that an unchecked executive branch system will likewise result in unacceptable error in detaining some individuals who do not present a threat. The solution is clear and workable standards imposed by the Legislative branch, an noted by another reviewer.

1 of 1 people found the following review helpful:

4.0 out of 5 stars A Tough Topic to Broach, February 6, 2009

By	Publius_Hamilton "Great Expectations" (Salt Lake City, UT) - See all my reviews

The law of terrorism is a difficult topic to broach, no matter what your political affiliation, and given the history of the last eight years since 9/11, it has become even more difficult. However, even as a non-lawyer, Wittes provides some interesting and compelling ideas. His evaluation of what has happened provides engaging discussion of not only how the Congress and President Bush have tried to grapple with the new and difficult issues presented by terror in a globalized world. Terrorists don't fall under the normal classifications of enemy soldiers, who are acting as instruments of the state, nor do they quite seem to qualify as criminals, and therefore for all the rights and procedures that come with the US criminal procedure regime.

SO what system of law do you apply? Obviously, detainees for terrorism cannot be kept incommunicado indefinitely, but neither can they be treated as common criminals. A hybrid system? And lead by whom: the executive or the Congress? And why hasn't the judiciary taken a more leading role in preserving the basic human rights of detainees.

No easy answers, but Wittes does a good job of examining what has happened to date, and what might be the course of action Congress (who he believes should take the lead) might take in the future to remedy some of the failings of the Bush Administration.