Eugene Sullivan and Louis Freeh propose creation of a Federal District Court for Guantanamo Bay in this WaPo op-ed. Sullivan is a former CJ of the Court of Appeals for the Armed Forces; Freeh is a former district judge and FBI Director. Their proposal would provide an Article III court and jury for trial of the terrorists without the security problems of the Administration’s initial proposal of holding the trials in New York.

Legal experts will analyze the Guantanamo Bay detainee cases for decades to come, but presented here are the court opinions themselves, unedited and in their entirety, so that readers can review a court’s reasoning firsthand, unfiltered and without bias. The opinions are in answer to rulings appealed by both the detainees and the U.S. government, as well as other interested parties, from the earliest rulings in 2002 through the end of 2009. While most of the decisions in the collection involve Gitmo detainees directly, other related cases are included for context and to fill out the evolution of how the U.S. courts are handling the laws and policies resulting from the war on terror. Nearly 200 court decisions are included in this extensive collection, covering topics that include terrorism, habeas corpus, al Qaeda, enemy combatants, military tribunals, federal courts, civilian courts, the Supreme Court, court rulings and appeals, lawsuits and trials, the Constitution and constitutional rights, the Geneva Convention, the George W. Bush administration, presidential power, President Barack Obama, the military, the Department of Defense, Defense Secretary Donald Rumsfeld and 9/11.

In the Nov. 10 Journal article, Davis wrote that Attorney General Eric H. Holder Jr.’s decision to use both federal court and military commissions to try detainees was “a mistake.” “It will establish a dangerous legal double standard that gives some detainees superior rights and protections, and relegates others to the inferior rights and protections of military commissions,” Davis wrote. In a letter to The Post that was published Nov. 11, Davis said former attorney general Michael B. Mukasey was engaged in “fear-mongering worthy of former vice president Dick Cheney” when he raised security concerns about bringing detainees into the United States for prosecution.

As a retired military officer, is there Article 88, UCMJ, jeopardy here?