At least two prisoners who have been challenging their detention have already updated their complaints to include Biden’s withdrawal as a reason they should be released.
But the war on terrorism will continue even after the last U.S. service member leaves Afghanistan. And the congressional war authorization that has also been used as the legal justification for indefinite detention at Guantanamo does not appear to be going anywhere anytime soon.
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“I think the short answer is that we just don’t know,” Steve Vladeck, a University of Texas law professor, said of the withdrawal’s effect on Guantanamo.