On August 14, 2021 Professor Eric M. Freedman was quoted in Foreign Policy Magazine’s story “Nothing but Pitch Black Darkness.”
Excerpt
To date, after 19 years in U.S. custody, Rabbani has never been charged with a crime, never had disclosure, and never been given a proper habeas corpus hearing. Eric M. Freedman, the Siggi B. Wilzig distinguished professor of constitutional rights at Hofstra University’s law school who filed several habeas cases alongside Stafford Smith in 2002, believes that the United States already had the perfect legal model to deal with terrorism and national security cases.
After the 1993 bombing of the World Trade Center, the men involved were “found and arrested and tried in an open trial in federal court in the Southern District of New York with excellent defense counsel paid for by the U.S. government,” he argues. “The jury convicted them, did not sentence them to death, accepting the argument of defense lawyers that if you do, you’ll only create martyrs and more attacks.”
The terrorists vanished into the supermax prison system, where they remain and haven’t been heard from since. That was how War on Terror cases should have been handled, Freedman insists; the fact that this existing model was replaced with a system of extra-legal preventive detention that habeas corpus was precisely designed to prevent is a “disgrace to the rule of law, period.”
Read the full story on Foreign Policy Magazine’s website.
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