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Category Archives: Detention: Law of

Text of Senator Ayotte’s GTMO Transfers Bill

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Tuesday, January 13, 2015 at 2:20 PM

As promised, here it is. The rather unfortunate-seeming proposal provides, in full: 114TH CONGRESS 1ST SESSION S.__ To extend and enhance prohibitions and limitations with respect to the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, and for other purposes. IN THE SENATE OF THE UNITED STATES Ms. AYOTTE (for herself, Mr. GRAHAM, . . .
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A New Bid to Restrict GTMO Transfers

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Tuesday, January 13, 2015 at 12:58 PM

The  proposal, put forth today by Senator Kelly Ayotte and others, comes as no real surprise. The Hill reports: Republican senators unveiled a new bill Tuesday to stop President Obama from releasing more detainees from Guantanamo Bay. “Now is not the time to be emptying Guantanamo,” said Sen. Kelly Ayotte (R-N.H.), who introduced the bill. The president is . . .
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Law Enforcement as a Counterterrorism Tool

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Monday, January 12, 2015 at 10:39 AM

As I read the exchange between Bryan, Wells and Jack about law enforcement versus military methods of dealing with terrorism, I was reminded of a speech I gave at the Brookings Institution in 2010, which was later turned into an article.  And, perhaps not surprisingly, I found that I continue largely to agree with myself, . . .
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On War and Crime

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Saturday, January 10, 2015 at 12:00 PM

Yesterday at Lawfare, Bryan Cunningham sought to breathe new life into the “military versus law enforcement” debate over terrorism, along the way deeming the horrific assaults in Paris to be “consequences” of France’s police-centric strategy. He thus finds fault with the current counterterrorism regime generally, and invites others to join in a broader discussion about . . .
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Cliff Sloan on Closing Guantanamo

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Tuesday, January 6, 2015 at 12:12 PM

Worth flagging: yesterday’s New York Times opinion piece, which was published in the wake of Sloan’s departure from the State Department last month.  The op-ed begins: WASHINGTON — WHEN I began as the State Department’s envoy for closing the detention facility at Guantánamo Bay, many people advised me that progress was impossible. They were wrong. In the . . .
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Senator Feinstein on Anti-Torture Reforms

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Monday, January 5, 2015 at 2:43 PM

On December 30, the outgoing Chairman of the Senate Select Committee on Intelligence, Senator Dianne Feinstein, sent a letter to the White House. The document—which was released earlier today—overviews a number of proposed reforms to U.S. interrogation, detention and other practices, the idea being to give effect to recommendations made in the SSCI’s torture report. . . .
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DDC Won’t Halt Al-Nashiri’s Military Commission at GTMO

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Tuesday, December 30, 2014 at 3:18 PM

Such is the gist of Judge Richard Roberts’ order, issued yesterday in the context of the high-value Guantanamo detainee’s habeas case in D.C. district court. The opinion opens: Guantánamo detainee Abd Al Rahim Hussayn Muhammad Al Nashiri submitted an amended petition seeking a writ of habeas corpus, arguing that the respondents’ attempts to try him by . . .
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Cliff Sloan Stepping Down as State Department GTMO Envoy

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Monday, December 22, 2014 at 9:58 PM

The New York Times reports: WASHINGTON — The State Department envoy who negotiates detainee transfers from the military prison at Guantánamo Bay, Cuba, is resigning, dealing another blow to President Obama’s efforts to close a facility that top administration officials say is a blight on the country’s international standing. The resignation of Cliff Sloan, a close confidant . . .
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The SSCI Report and Its Critics: Torturing Efficacy

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Tuesday, December 16, 2014 at 9:59 AM

Polarization surrounding the SSCI Report (see here for Lawfare’s coverage) has been most pronounced on the efficacy of enhanced interrogation techniques (EITs). The Report and its supporters have proclaimed that EITs never produce useful information. Unfortunately, that pat assertion undermines the possibility of a consensus on future interrogation tactics, including a consensus that rules out . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Five

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Friday, December 12, 2014 at 9:36 PM

Here is the fifth and final installment in our running, side-by-side comparison of the twenty findings and conclusions of the Senate Select Committee on Intelligence’s Study on the CIA’s Detention and Interrogation Program—along  with responses by the Committee Minority and the CIA. Summaries of Study findings seventeen through twenty can be found below.  By way of reminder, . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Four

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Thursday, December 11, 2014 at 4:25 PM

In this post, we proceed with Lawfare’s ongoing, side-by-side comparison of the SSCI Study’s key findings, and responses to them by both the SSCI Minority as well as the CIA. By way of reminder, the SSCI’s Study made twenty findings and conclusions about the CIA’s detention and interrogation practices after 9/11—twelve of which the blog has summarized so . . .
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CIA Director Brennan Delivers a Statement on SSCI Report

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Thursday, December 11, 2014 at 1:28 PM

At approximately 1:40 p.m., John Brennan, the Director of the Central Intelligence Agency, will make a statement on the SSCI’s detention and interrogation study.  Here’s the CSPAN video: Here is the text of Brennan’s remarks: It was 8:46 a.m. on the morning of September 11th, 2001, when the North Tower of the World Trade Center . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 3

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Wednesday, December 10, 2014 at 7:49 PM

Below you will find the third in our running comparison of broad areas of agreement and disagreement as between the Executive Summary to the Senate Intelligence Committee’s Study on the CIA’s Detention and Interrogation Program, the report by the Committee’s Minority, and the response by the CIA itself.   The Study, you’ll recall, sets forth . . .
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Senator Mark Udall Now Speaking on the Senate Floor

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Wednesday, December 10, 2014 at 11:13 AM

We only have a C-Span link thus far, but will embed video, and post a transcript, when and if one or the other becomes available. The outgoing Democrat and member of the Senate Intelligence Committee is addressing the Committee’s Study, released yesterday; and, among other things, the search of Committee staffers’ computers by the CIA. . . .
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Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 2

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Tuesday, December 9, 2014 at 9:46 PM

Below, you will find the second installment in our ongoing effort to identify, in summary form, key areas of dispute as between the SSCI, the SSCI minority, and the CIA with regard the CIA’s detention and interrogation program. As you surely know by now, all three today released long-anticipated reports regarding the CIA’s post-9/11 detention and . . .
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Released: SSCI Detention and Interrogation Study, Along With Minority Views and the CIA’s Response

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Tuesday, December 9, 2014 at 11:19 AM

Here is the long-awaited Executive Summary of the Senate Intelligence Committee’s Study of the CIA’s Detention and Interrogation Program.  The latter includes in a single file a foreword authored by Senator Feinstein, as well as the Study’s findings and conclusions.  Additionally, the Committee also has published these materials: Senator Feinstein’s statement;  a history of key dates in in . . .
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Senator Feinstein to Speak on the Senate Floor Regarding the SSCI Report and Torture

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Tuesday, December 9, 2014 at 11:01 AM

We expect the Senate Intelligence Committee Chairman to address the chamber, and to discuss her Committee’s long-anticipated study, sometime between 11 and 11:15. A link to C-SPAN’s coverage is here;  the Washington Post’s live feed is below.  We will publish Senator Feinstein’s remarks, if and when we see them in print. Update: we have removed the . . .
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The Rahmatullah Saga Goes On

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Saturday, November 29, 2014 at 8:56 AM

Last week, a British court allowed civil tort claims against the British government to proceed. In Rahmatullah v. Ministry of Defence, the High Court (Queen’s Bench Division) held that a former Pakistani detainee—captured by the United Kingdom but then transferred to American custody—was not barred from suing by either the state immunity or the foreign act . . .
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Navy Weighing Fate of Nurse who Refused To Perform Guantanamo Force-Feeding Procedures

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Thursday, November 20, 2014 at 11:00 AM

Earlier this month we noted that, in the much-watched Dhiab case, a federal judge refused to grant a preliminary injunction against certain force-feeding procedures used on hunger-strikers at Guantanamo. Now a parallel saga is unfolding—one involving a US Navy nurse who refused to perform some of those very procedures this past summer. It seems to mark the first instance of a military employee refusing, . . .
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DC Circuit Temporarily Stays United States’ Appeal in Al-Nashiri, Pending Consideration of Mandamus Petition

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Wednesday, November 12, 2014 at 8:55 PM

The order grants a motion filed by Al-Nashiri, and was handed down today by Circuit Judges Cornelia Pillard and Judith Rogers, over the dissent of Circuit Judge Brett Kavanaugh. It’s gist is temporarily to pause the government’s appeal, to the Court of Military Commission Review (“CMCR”), of the dismissal of some (though not all) of the capital military . . .
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