Wilner has also represented the high-profile human rights cases of a dozen Kuwaiti citizens detained in the United States naval base at Guantanamo Bay, Cuba.

[5] He noted: All these prisoners have asked for is a fair hearing, one in which they have the chance to learn the charges against them and to rebut the accusations before a neutral decision maker.Wilner has been critical of the conditions under which the US holds Guantanamo detainees.

[7] On September 19, 2008 the Washington Post published a letter to the editor from Wilner in reply to a recent editorial on whether the Congress should pass legislation on how the Justice system should conduct captives' habeas corpus appeals.

[3] The United States Supreme Court's ruling in Boumediene v. Bush had overturned Congress's proscription on allowing captives access to the US justice system.

Senators Lindsey Graham and Joe Lieberman had introduced a bill "..to mandate the procedures the courts must follow in the habeas hearings for Guantanamo Bay detainees.