Debates have raged regarding what kinds of interrogation techniques the U.S. has been using at Guantanamo Bay, which is shrouded in secrecy; whether these techniques, and the reasons and lengths of time certain prisoners are being held there-- sometimes indefinitely-- are ethically or constitutionally justifiable; and even whether the facility itself is legally under U.S. jurisdiction, since …show more content…
It turns out that rather than using formal legal processes to identify potential terrorists, the U.S. government had arrested them based on the opinions of “an ad hoc group of lawyers, soldiers, and CIA agents…. Detainees were not provided counsel to contest their classification and had no opportunity to appeal” (Yin 2011). This, some would claim, is in clear and blatant violation of the 6th Amendment to the United States’ Constitution, which states that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial... and to have the assistance of counsel for his defense” (U.S. Const. amend. VI); as well as, more broadly, the due process clause of the 5th Amendment, which states that “No person shall… be deprived of life, liberty, or property, without due process of law” (U.S. Const. amend.