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Category Archives: Detention: Law of

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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The Obama Administration’s Position on the CAT

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Wednesday, November 12, 2014 at 9:34 AM

The New York Times’ Charlie Savage has the scoop: WASHINGTON — A treaty ban on cruel treatment will restrict how the United States may treat prisoners in certain places abroad, the Obama administration is expected to tell the United Nations on Wednesday, according to officials. That interpretation would change a disputed Bush administration theory that the cruelty ban does . . .
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Court Denies Preliminary Injunction in GTMO Force-Feeding Case

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Monday, November 10, 2014 at 11:15 AM

On Friday, Judge Gladys Kessler of the United States District Court for the District of Columbia denied detainee Abu Wa’el Dhiab’s bid for a preliminary injunction against certain Guantanamo force-feeding procedures. The court’s memorandum opinion concludes as follows: For the reasons stated above, the Court concludes that the Petitioner’s Application for a Preliminary Injunction must be . . .
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Detainee Transferred from Afghanistan to US for Trial: A Model for GTMO Closure?

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Tuesday, November 4, 2014 at 6:28 PM

A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan: As you may recall, we have long since ceased holding any Afghans in military detention in Afghanistan, but we have maintained a rump population of non-Afghan detainees in our control. It has been clear . . .
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D.C. Circuit Denies En Banc Rehearing in Hatim v. Obama, Counsel-Access Case

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Friday, October 31, 2014 at 7:00 PM

The D.C. Circuit has just issued a per curiam order denying the detainees’ petition for an en banc rehearing in Hatim v. Obama. So ends—for the time being—Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif’s bid to reinstate District Chief Judge Lamberth’s July 2013 ruling as to the unconstitutionality of the challenged Guantanamo security . . .
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A Bit More On the Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty

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Monday, October 27, 2014 at 7:45 AM

In his piece on Nobel Peace Prize Laureates pressuring the President to disclose information about torture, Charlie Savage explains why some officials in the administration oppose the broad extraterritorial expansion of Article 16 of the CAT: The officials opposed to accepting the cruelty provision as applying abroad insist they do not want to resume abusive . . .
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The Convention Against Torture: Extraterritorial Application and Application to Military Operations

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Sunday, October 26, 2014 at 10:37 AM

Belatedly, I want to join the discussion about the extraterritorial application of the Convention Against Torture (CAT), about which Jack commented on Friday, drawing on an article by Charlie Savage earlier in the week. The New York Times opined on the issue on Tuesday in one of its typically misleading, “don’t-confuse-me-with-the-facts” editorials that suggested that the . . .
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The Debate About the Extraterritorial Scope of the Torture Convention’s Provisions on Cruelty is (Almost Certainly) Not About USG Interrogation Policy

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Friday, October 24, 2014 at 10:22 AM

A week ago Charlie Savage reported that the Obama administration “is considering reaffirming the Bush administration’s position that the [Convention Against Torture(CAT)] imposes no legal obligation on the United States to bar cruelty outside its borders.”  The provision of the Torture Convention in question is Article 16, which provides: “Each State Party shall undertake to . . .
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Russian Bagram Detainee Set for Federal Prosecution in U.S.

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Thursday, October 23, 2014 at 3:45 PM

Or so I gather from this Washington Post piece, which opens thusly: A Russian captured fighting with insurgents in Afghanistan and held for years at a detention facility near Bagram air base will be flown to the United States to be prosecuted in federal court, according to U.S. officials. The move marks the first time a foreign . . .
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