Chemerinsky, Erwin - short clip - RuleofLaw

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-	The idea that individuals can be imprisoned indefinitely	0:00
	without counsel and meaningful hearings is inimical	0:04
	to the idea of the rule of law.	0:07
	I think that the Supreme Court here was saying	0:09
	that some law has to apply to those in Guantanamo.	0:12
	To me, one of the aspects	0:15
	of the Bush administration position	0:17
	that's most repugnant was	0:19
	that there was a group people in a place	0:21
	where no law could apply.	0:24
	Their position was the Geneva Courts didn't apply	0:26
	to these individuals,	0:28
	and that United States Constitutional Statute of Law	0:29
	didn't apply to these people,	0:31
	so the government could do whatever it wanted.	0:32
	I'm not naive in my praise of the Constitution,	0:35
	but overall it's worked well.	0:37
	And I think it can work very well here.	0:40
	I don't think we need to have trials in military tribunals,	0:43
	we can use Article III courts.	0:46
	I don't think we need to hold people without due process.	0:47
	We can trust due process to come to the right result.	0:50
	And the idea that now, for eight years,	0:53
	individuals have been held	0:57
	without due process and the Constitution	0:59
	is disappointing beyond words.	1:02

Item Info

Title:

Chemerinsky, Erwin - short clip - RuleofLaw

Date:

March 10, 2010

Interviewer:

Honigsberg, Peter Jan

Interviewee:

Chemerinsky, Erwin

Role:

Detainee Attorney

Description:

This interview may include descriptions of violence.
Detainee Attorney
Erwin Chemerinsky, male, age 56, is the founding Dean of the University of California, Irvine School of Law, and a top expert in constitutional law. He is the author of seven books and over 200 law review articles.
Description was provided by Witness to Guantanamo.

Subject:

United States

Format:

oral histories

Language:

English

Extent:

1:02:12

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:

2619cf7e21942187a2ca3b7f9279dd7f
witnesstoguantanamo
ark:/87924/r4kk9bx96
e30b2258-5171-411a-a9ff-55c965ba318e

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https://idn.duke.edu/ark:/87924/r4kk9bx96

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Chemerinsky, Erwin - short clip - RuleofLaw

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