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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 …

Video: Combating Piracy

Breaking News: US warship approaching pirate vessel

CNN is reporting:
A U.S. warship arrived before dawn Thursday near a 28-foot lifeboat holding four pirates and the kidnapped captain of a U.S.-flagged cargo ship, officials said.
Also nearby was the Maersk Alabama — which had been seized early Wednesday off the Horn of Africa. All 20 of its remaining crew members were in good physical shape, said Ken Quinn, second …

Bainbridge on the problem of universal jurisiction

A previous post discussed the recent decision by the Spanish national security court to investigate several former Bush Administration lawyers. My good friend and UCLA Law legend, Steve Bainbridge, has some cautionary words on the application of the principle of universal jurisdiction. Universal jurisdiction, it will be recalled, is a principle of international law that allows a state to exercise …

North Korea launches missile, Obama responds

The New York Times is reporting:
North Korea defied the United States, China and a series of United Nations resolutions by launching a rocket on Sunday that the country said was designed to propel a satellite into space, but that much of the world viewed as an effort to prove it is edging toward the capability to shoot a nuclear warhead …

Rep. Nadler introduces National Security Letters Reform Act

From Rep. Nadler’s press release:
Congressman Jerrold Nadler (NY-08), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, along with Reps. Jeff Flake (AZ-06), William Delahunt (MA-10) and Ron Paul (TX-14), today reintroduced the National Security Letters Reform Act of 2009, a bipartisan bill designed to provide crucial checks against the overreaching and dangerous National Security …

Bush lawyers being investigated by Spanish national security court

My dear friend Steve Bainbridge brings a very interesting development to my attention. Scott Horton writes in Harpers:
Spain’s national newspapers, El País and Público reported that the Spanish national security court has opened a criminal probe focusing on Bush Administration lawyers who pioneered the descent into torture at the prison in Guantánamo. The criminal complaint can be examined here. Público …


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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.