CLLB Abstract prepared by Michael Chernicoff
Does Bringing a Terrorist Suspect From Gitmo to New York Confer Any More Legal Rights?
If Kahlid Sheikh Mohammed is transferred from Gitmo to New York, would this allow him different immigrant status or create constitutional rights, such as Fourth Amendment, Fifth Amendment, or Due Process rights? Fourth Amendment rights would not be created, as dictated by United States v. Verdugo-Urquidez, 494 U.S. 259 (1990). (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=494&invol=259). Other rights acquired are hard to determine because we do not know the rights Kahlid Sheikh Mohammed had at Gitmo.
Seven GOP Senators on the Judiciary Committee sent a letter questioning the Administration on this issue (http://cornyn.senate.gov/public/?a=Files.Serve&File_id=010ab680-9223-499f-a24a-143f031b10df). Orin Kerr, the author of this opinion piece, believe that Kahlid Sheikh Mohammed will not get a lot of rights in a criminal trial, as President Barrack Obama said, “I don’t think it will be offensive at all when he’s convicted and when the death penalty is applied to him.”