Recommendation to the President
Please write a 3 page recommendation to the President on what he should do in response to the following scenario. Explain why you believe your recommendation is the
best course of action.
Mr. President, we are currently holding Abu bin Al-Baghdadi in the Guantanamo naval detention facility. Based on intelligence information, as well as his own
confession during interrogation, Al-Baghdadi was the operational commander for al Qa’eda from 2003 until his capture in Iraq in June 2005. We believe he was personally
responsible for a series of bombings against Shi’a believers that killed more than 1100 persons. He is also implicated in a series of attacks on US and allied forces
that resulted in the death of 26 service men and women. He has also admitted to participating in the abduction and subsequent beheading of 3 UN aid workers in May
Despite the overwhelming evidence against him, little could be used in court since his admissions of guilt were extracted using harsh interrogation techniques that
make such statements inadmissible. Recent rulings regarding submission of evidence in military tribunals make it extremely likely that they would also be ruled
inadmissible in that venue, as well. While we do have other evidence, including email and voice communications, revealing in open court how such evidence was acquired
would reveal to the enemy the extent of our intelligence ability and would, according to both the NSA and the CIA, shut down these channels for future collection.
We have requested the government of Iraq that Al-Baghdadi be transferred to Iraq and that he be tried there by Iraqi courts. They have refused on the grounds that his
very presence in Iraq could set off sectarian violence.
Although the Geneva Conventions allow a state to hold someone as a prisoner of war until such time as the conflict is resolved, it is unlikely that the conflict with
al Qa’eda will be resolved anytime soon and that holding Al-Baghdadi as a POW is tantamount to indefinite detention and is already being challenged by a number of
civil rights organizations. We need to make a policy decision how we handle Al-Baghdadi. Whatever your decision, it is likely to have broader ramifications for the 163
prisoners currently held in Guantanamo.
I recommend that ————–
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