Articles tagged with: terrorism

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Investigating the intelligence community: What does history teach us?

In today’s Washington Post, Professor Loch Johnson, former special assistant to the late Senator Frank Church, reminds us previous efforts to investigate allegations of wrong-doing in the intelligence community. Dr. Johnson writes:
During the first half of the Cold War, the CIA was largely free of serious congressional supervision. And despite controversies such as the U2 shoot-down over the Soviet Union, …

CIA Inspector General’s Report: Will criminal and civil action follow?

Much is being written about the soon-to-be released Inspector General’s report on the Central Intelligence Agency. Slated to be released on Monday, the report will allegedly disclose further abuses of detainees. For example, the New York Times reports:
C.I.A. jailers at different times held the handgun and the drill close to the detainee, Abd al-Rahim al-Nashiri, threatening to harm him if …

Prolonged Detention– How long?

Earlier today, the Senate Armed Services Committee held a hearing on “legal issues regarding military commissions and the trial of detainees for violations of the law of war” (archived webcast here).  At that hearing, Department of Defense General Counsel Jeh Johnson supported the notion of “prolonged detention.”  He noted that “as a matter of legal authority”– citing the “laws of …

Judge Royce Lamberth adopts Judge Bates’s standard for presidential detention authority

A previous post discussed the recent option by Judge John D. Bates in Hamlily v. Obama. In that case, Judge Bates set forth a standard for presidential detention authority. On Thursday, Federal District Court Judge Royce Lamberth adopted Judge Bates’s approach. In Mattan v. Obama, Judge Lamberth explained:
The Court reaches the same conclusion, and for the same …

Spanish Attorney General opposes prosecution of Bush Administration attorneys for interrogation techniques

Scott Horton over at The Daily Beast reports:
In a dramatic turn in Madrid this morning, Spain’s attorney general has stepped into the case involving former U.S. Attorney General Alberto Gonzales and five former senior Bush administration lawyers, overruling the decision of career prosecutors to adopt a criminal complaint against them and to proceed with an investigation. But this does not …

Justice Department challenges habeas rights for Bagram detainees

As is now quite well known, on April 2nd, Federal District Judge John D. Bates issued a landmark opinion on the scope of habeas corpus in Maqaleh v. Gates. Faced with the question of whether the right of habeas should be extended to four persons detained by the United States at Bagram Airfield in Afghanistan, Bates ruled that three out …

Noah Feldman on the Obama Administration’s new detention approach

A previous post discussed the Obama Administration’s recent memo in which it articulatated a new approach to detention. Harvard professor Noah Feldman has an op ed in the New York Times discussing the memo. Feldman explains:
Cautious and modest where George W. Bush was ambitious and brash, Mr. Obama still claims the authority necessary to sustain almost everything his predecessor did.
Perhaps …

Justice Department set forth basis for detention, abandons term “enemy combatant”

In a memo filed today with US District Court Judge John D. Bates, the Justice Department set forth its legal basis for detaining persons associated with terrorism and abandoned the use of the term “enemy combatant.” The memo can be found here. The memo states the new framework for detention as follows:
The President has the authority to detain persons that …


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Anthony Clark Arend is Professor of Government and Foreign Service at Georgetown University and the Director of the Master of Science in Foreign Service in the Walsh School of Foreign Service.

Commentary and analysis at the intersection of international law and politics.