Skip to content

Monthly Archives: February 2012

Yawn: Drone Strike Kills Four in Somalia

By
Wednesday, February 29, 2012 at 11:09 PM

In her news roundup for last Friday, Ritika briefly mentioned that a drone strike had killed four al-Shabab militants in Somalia.  The New York Times had also cursorily mentioned the strike in this short AP report on page A5 of last Friday’s paper, entitled “Somalia: Drone Strike Kills 4 Militants”: “A United States military drone . . .
Read more »

Some Initial Reflections on Today’s Due Process Guarantee Act Hearing

By
Wednesday, February 29, 2012 at 6:01 PM

While the experience is fresh, I thought I’d share some reflections on this morning’s Senate Judiciary Committee hearing on the Due Process Guarantee Act. [The SJC hearing page has copies of the witness statements (including my own), and should eventually have a working link to the webcast.] Off the cuff, I thought the hearing was . . .
Read more »

Majid Khan Plea Agreement Documents

By and
Wednesday, February 29, 2012 at 3:00 PM

Here for all the world to see. We’ve got: The Stipulation of Fact Pre-Trial Agreement Appendix A of the Pre-Trial Agreement

Today’s Headlines and Commentary

By
Wednesday, February 29, 2012 at 3:00 PM

Interpol has arrested 25 suspected members of Anonymous, reports the AP. Evan Perez and Julian E. Barnes at the Wall Street Journal (caution: paywall) report on the DOJ’s release of the Policy Directive and Fact Sheet, as do Sari Horwitz and Peter Finn at the Washington Post and Jeremy Herb at Defcon Hill. You can read . . .
Read more »

Majid Khan Arraignment #5: Prosecution Remarks to the Press

By and
Wednesday, February 29, 2012 at 1:30 PM

Here is Chief Prosecutor Mark Martins’s remarks to the press, which are being delivered at this hour: Chief Prosecutor Mark Martins Remarks at Guantanamo Bay on 29 February 2012 Good afternoon. Today, following his initial appearance and arraignment, a military commission accepted the voluntary guilty plea of Májid Shoukat Khan to serious violations of the . . .
Read more »

Majid Khan Arraignment #4

By and
Wednesday, February 29, 2012 at 1:09 PM

Judge Pohl then turns to his required colloquy with Khan to verify that his plea is truthful, voluntary, and made cognizant of consequences. Khan’s plea, he says, will not be accepted unless he validates every act alleged and unless Judge Pohl is convinced that Khan is, in fact, guilty under U.S. law. He explains Khan’s . . .
Read more »

Majid Khan Arraignment #3

By and
Wednesday, February 29, 2012 at 11:59 AM

The commission reconvenes and Judge Pohl announces that he has received the document. Trial counsel Sullivan reiterates that she had no notice about this document. But it turns out not to matter. Judge Pohl says he’s going to deny the motion to redact the PTA. He asks Khan whether he wants to withdraw his guiltly . . .
Read more »

Majid Khan Arraignment #2

By and
Wednesday, February 29, 2012 at 10:02 AM

Military Judge James Pohl walks in promptly at 9:00 am and calls the military commission to order. Trial counsel Courtney Sullivan of the Justice Department begins by announcing that there have been minor changes to the charge sheet. She introduces the prosecution team and various other personnel, and says that the government is prepared to . . .
Read more »

Majid Khan Arraignment #1

By and
Wednesday, February 29, 2012 at 8:24 AM

When my daughter was in day care and I would pick her up in the evening and ask her what she did during the day, she would sometimes respond, a little alarmingly, “I sat in a dark room and stared at a wall.” The room here at Fort Meade is not dark, and the wall . . .
Read more »

Initial Comments on the Implementing Procedures for NDAA Section 1022

By
Tuesday, February 28, 2012 at 11:25 PM

Raffaela earlier posted the President’s implementation procedures for Section 1022 of the NDAA–that is, the not-so-mandatory military detention provision. I have only had a chance to read it over quickly, but here’s a quick and dirty summary. Bottom line: The President has–rightly in my view–read this law virtually out of existence. This is not a . . .
Read more »

NDAA Fact Sheet and Presidential Policy Directive on §1022

By
Tuesday, February 28, 2012 at 7:10 PM

This just in from the Department of Justice: Today at 6:30 pm, the White House issued the following Fact Sheet and a Presidential Policy Directive that sets forth procedures implementing Section 1022 of the National Defense Authorization Act for FY 2012 (which was enacted on Dec. 31, 2011). This particular provision of the NDAA required . . .
Read more »

Kiobel: Justice Kennedy Questions Extraterritorial Application of the ATS

By
Tuesday, February 28, 2012 at 6:10 PM

The narrow question presented in the Kiobel v. Royal Dutch Petroleum case is whether corporations may be held liable for violations of international law under the Alien Tort Statute.  But during this morning’s Supreme Court argument, Justices Kennedy, Roberts, and Alito all seemed more interested in addressing the issue of the extraterritorial application of the . . .
Read more »

Not So Fast on Khan Plea Bargain

By , and
Tuesday, February 28, 2012 at 4:12 PM

There’s been a lot of buzz in the press on the plea bargain reached between Majid Khan and the prosecution in his Military Commission case–and a lot of it has focused on the mere four years before Khan might be eligible for release. Peter Finn started this meme last week: Khan has agreed, if requested, to . . .
Read more »

Kiobel and Mohamad Oral Argument Transcripts

By
Tuesday, February 28, 2012 at 2:51 PM

Oral argument transcripts from the Supreme Court hearing this morning:  Kiobel and Mohamad.  Update: Opinio Juris is posting several posts and guest posts on the oral argument, including this one by Chimene Keitner.  The comments to my brief post of the oral argument transcript links are interesting, too, including comments by Eugene Kontorovich.

Video of Jeh Johnson’s Speech at Yale Law School

By
Tuesday, February 28, 2012 at 11:20 AM

I just noticed this video of Jeh Johnson’s speech at Yale Law School, the text of which I have already posted:  

Today’s Headlines and Commentary

By
Tuesday, February 28, 2012 at 10:34 AM

As Jack has already noted, Ellen Nakashima has an article in the Washington Post and a post on Checkpoint Washington reporting that the White House has been pushing back on NSA efforts to widen its role in monitoring private sector computer networks. Carol Rosenberg takes a closer look at the plea deal brokered with Majid . . .
Read more »

White House Shoots Down NSA Efforts to Protect Private Domestic Networks

By
Tuesday, February 28, 2012 at 6:19 AM

Ellen Nakashima of the Washington Post reports that the White House thwarted NSA attempts to seek legislation that “would have required hundreds of companies that provide such critical services as electricity generation to allow their Internet traffic to be continuously scanned using computer threat data provided by the spy agency,” and more generally has told . . .
Read more »

Wednesday’s SJC Hearing on the Due Process Guarantee Act

By
Monday, February 27, 2012 at 6:53 PM

I’ve blogged before about S. 2003, the “Due Process Guarantee Act” introduced late last year by Senator Feinstein, which would amend the Non-Detention Act to provide that An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent . . .
Read more »

Readings: Micah Zenko on 10 Things You Didn’t Know About Drones … But Probably Need To

By
Monday, February 27, 2012 at 5:33 PM

Along with the earlier reading on drones in Pakistan by Pia Zubair Shah in Foreign Policy, also check out Council on Foreign Relations fellow Micah Zenko’s short piece in the same March-April 2012 issue, “10 Things You Didn’t Know About Drones.” Quick and useful summary of background to the technologies and uses in conflicts.  (Actually, . . .
Read more »

Brookings Paper on China and Cybersecurity

By
Monday, February 27, 2012 at 3:33 PM

Brookings scholars Kenneth Lieberthal and Peter W. Singer have just released a paper entitled “Cybersecurity and U.S.-China Relations.” It opens as follows: There is perhaps no relationship as significant to the future of world politics as that between the U.S. and China. No other two nations play such dominant roles in critical global issues from . . .
Read more »