Berenson, Bradford - short clip - Legal Precedents vs. the Temper of the Times

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	(typewriter clicks)	0:04
-	We believed wrongly, as it turned out	0:18
	that the writ of habeas Corpus would not extend	0:22
	to detainees who were outside US soil.	0:25
	There was a debate to be had over whether	0:28
	Guantanamo was or was not US soil	0:30
	given the terms of our lease with Cuba.	0:33
	But our best view in the collective view	0:36
	of the people inside the administration	0:38
	at the time was that that remained Cuban soil.	0:40
	And as such under what seemed	0:43
	to us at the time, very clear and unequivocal precedence	0:45
	there would have been no ability on	0:50
	the part of the US federal courts	0:52
	to review these battlefield detentions	0:55
	to entertain petitions for writs of habeas Corpus	0:57
	and to embroil the administration	1:01
	and the country in the kind	1:03
	of Law fare that subsequently became absolutely endemic	1:05
	and which the people prosecuting it,	1:09
	you know, ultimately I would say won,	1:12
	much to our surprise and frankly, chagrin.	1:16
	As time went on the way the Supreme court ended up ruling	1:19
	in the major, in the four or five major terrorism cases	1:23
	starting with Rosseull was a surprise,	1:27
	I think in, by and large, a disappointment	1:30
	to most of the administration lawyers, including myself.	1:32
	We radically underestimated the extent to which a change	1:35
	in the zeitgeists in the temper	1:39
	of the times could make its way	1:41
	into judicial consideration of issues like that	1:44
	and undermine what seemed to be well settled precedence.	1:47

Item Info

Title:

Berenson, Bradford - short clip - Legal Precedents vs. the Temper of the Times

Date:

September 11, 2015

Interviewer:

Honigsberg, Peter Jan

Interviewee:

Berenson, Bradford

Role:

Government

Description:

This interview may include descriptions of violence.
Associate Counsel to the President
Bradford Berenson, male, age 50, was Associate Counsel to President George W. Bush (2001-2003), and worked on the authorization for military commissions, detainee and anti-terrorism litigation, and the creation of the Department of Homeland Security.
Description was provided by Witness to Guantanamo.

Subject:

United States

Format:

oral histories

Language:

English

Extent:

2:01:17

Digital Collection:

Witness to Guantanamo

Source Collection:

Witness to Guantanamo Video Collection, 2009-2017

Rights:

Limited Re-Use

CC BY-NC-ND 4.0

Rights Note:

Unless otherwise noted, copyright is held by Peter Hongisberg. Under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license, you are free to use and share these materials subject to the following conditions: You must attribute Peter Hongisberg as the rights holder. You may not use the material for commercial purposes. You may not distribute any modifications to the materials. For other uses, including commercial uses, please contact Rubenstein Library at http://library.duke.edu/rubenstein/ask.

Identifier:

053dc5370a9c5b0e97b6f59f29f143a4
witnesstoguantanamo
ark:/87924/r48s4s771
6d60b771-d40b-48a9-9d3a-6ecdc11d3c52

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https://idn.duke.edu/ark:/87924/r48s4s771

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Berenson, Bradford - short clip - Legal Precedents vs. the Temper of the Times

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