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Category Archives: Interrogation: Abuses

Jose Padilla Re-sentenced to 21 Years

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Wednesday, September 10, 2014 at 10:39 AM

U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to provide material support to terrorists; and providing material support to terrorists. An appellate court had vacated Padilla’s original, 17-and-a-half year sentence, after finding . . .
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Senator Feinstein: Redactions Obscure Facts, Must Be Addressed Before SSCI Report Can Be Released

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Tuesday, August 5, 2014 at 4:42 PM

That’s the gist of this statement, made today by Senator Dianne Feinstein (D-Ca.), Chairman of the Senate Select Committee on Intelligence. Washington—Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) today released the following statement on the committee study of the CIA’s detention and interrogation program: After further review of the redacted version of the executive summary, . . .
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In Trouble With the Law

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Monday, August 4, 2014 at 6:30 PM

If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program.  The report itself, which has not been submitted for declassification, is massive, running some 6,000 pages and including about 37,000 footnotes.  In preparing the report, the Committee and its staff apparently . . .
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ECHR: Poland’s Role in CIA Black Site Violated Detainees’ Human Rights

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Thursday, July 24, 2014 at 10:08 AM

The European Court of Human Rights (“ECHR”) today handed down a pair of judgments in long-running human rights cases brought against Poland by two U.S. terrorism detainees—Abu Zubaydah and Abd Al Rahim Hussayn Muhammad Al Nashiri.  As is well known, both had alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms, . . .
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SSCI Votes to Release Parts of Detention and Interrogation Report

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Thursday, April 3, 2014 at 5:55 PM

Likely you know by now of this afternoon’s 11-3 vote.  The Washington Post reports here, and Senate Intelligence Committee Chairman Dianne Feinstein’s statement can be found here.  The latter opens: “The Senate Intelligence Committee this afternoon voted to declassify the 480-page executive summary as well as 20 findings and conclusions of the majority’s five-year study of the CIA . . .
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The SSCI Fracas and the CIA’s Duty to Make Criminal Referrals to DOJ

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Thursday, March 13, 2014 at 4:47 PM

Ken Dilanian has a story on Acting CIA General Counsel Robert Eatinger (whom Caroline Krass, just confirmed, will succeed.)  Eatinger is at the center of the fracas between CIA and SCCI because he sent a criminal referral to DOJ related to the SSCI’s staff’s acquisition of the so-called “Panetta Review,” and because Senator Feinstein essentially accused him of . . .
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Text of Senator Feinstein’s Remarks This Morning Regarding SSCI and CIA

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Tuesday, March 11, 2014 at 11:28 AM

You can find the Senator’s statement here.  Her speech began as follows: Over the past week, there have been numerous press articles written about the Intelligence Committee’s oversight review of the Detention and Interrogation Program of the CIA, specifically press attention has focused on the CIA’s intrusion and search of the Senate Select Committee’s computers . . .
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Senator Feinstein’s Remarks on the CIA-SSCI Document Controversy

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Tuesday, March 11, 2014 at 9:39 AM

Right now, Senator Dianne Feinstein, the Senate Intelligence Committee’s Chairman, is speaking out, on the Senate floor, about a well-publicized dispute between the CIA and the SSCI—regarding the latter’s review of documents pertaining to the CIA’s interrogation practices in the years following 9/11, and the CIA’s auditing of Committee staffers’ computer use during the review. . . .
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Oral Argument Preview: Al Laithi v. Rumsfeld (Detainee Abuse Case)

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Friday, February 21, 2014 at 6:23 AM

Today D.C. Circuit Judges David Tatel, Janice Rogers Brown, and A. Raymond Randolph will hear oral arguments in Al Laithi v. Rumsfeld. Six former Guantanamo detainees will be arguing that Chief Judge Lamberth erred in dismissing their claims, brought under the Alien Tort Statute (ATS), Bivens, the Religious Freedom Restoration Act and the Federal Civil Rights Act. In the wake . . .
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John Rizzo on Enhanced Interrogation Techniques

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Monday, January 6, 2014 at 10:47 AM

This must read exerpt from John Rizzo’s forthcoming book bears the provocative title, “I Could Have Stopped Waterboarding Before It Happened.”  It’s a fascinating insider account from the 30-year veteran of the CIA.  It begins: In the weeks after 9/11, the name Abu Zubaydah seemed to pop up daily at the five o’clock meeting that . . .
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Al Laithi Reply Brief Before the D.C. Circuit: Defining the Scope of Employment

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Friday, December 27, 2013 at 7:54 AM

In response to the government’s brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al.  filed a reply brief on Dec. 18th.  (The Plaintiffs—all former Guantanamo detainees—allege various abuses at the hands of U.S. government officials, and seek, among other things, civil damages from the officials in their individual capacities.) For the most part, the Plaintiffs chose . . .
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Judge Pohl Rules on Classification Motions in 9/11 Case

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Thursday, December 19, 2013 at 9:57 AM

Earlier this week, Military Judge James Pohl, the presiding judge at the military commission case United States v. Mohammed et al, issued three orders that relate to secrecy in the military commissions. In essence, the protective order which defense counsel are required to sign prior to being given access to classified discovery obligates counsel to treat . . .
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Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases

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Monday, December 2, 2013 at 3:00 PM

From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; Judge George O’Toole of the United States District Court for the District of Massachusetts heard argument on . . .
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9/11 Defense Counsel to President Obama: Please Declassify RDI Program

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Friday, October 25, 2013 at 11:43 AM

Today defense counsel to Mustafa al Hawsawi in United States v. Mohammed et al, the 9/11 case, delivered this letter to President Obama. It requests that details of the rendition, detention and interrogation program be declassified in accordance with EO 13526, as the press release attached to the letter explains: Guantanamo Naval Station, Cuba — The Defense . . .
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Justice Thomas and the Feres Doctrine

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Thursday, June 27, 2013 at 7:11 PM

Understandably lost in this week’s Supreme Court news was a somewhat surprising–and, in my view, welcome–dissent by Justice Thomas from the denial of certiorari in Lanus ex rel. Lanus v. United States. In his two-page dissent, Justice Thomas suggests that the Court should have granted cert. in order to revisit the “Feres” doctrine–named after a . . .
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Oral Argument Audio in Hamad and Al-Nashiri Civil Cases

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Wednesday, June 5, 2013 at 10:04 AM

On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo.  You can find audio recordings of the arguments here and here, respectively. By way of overview, Hamad is a damages action brought by a former detainee against government individuals in their individual capacities, and alleging procedural flaws during Hamad’s Combatant Status Review Tribunal . . .
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Harold Koh on What Would Al Gore Do?

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Thursday, May 9, 2013 at 12:00 PM

From Harold Koh’s speech to the Oxford Union the other day: Suppose we are back at Sept 18, 2001, and Congress has just passed the AUMF against Al Qaeda. Suppose the President –let’s assume it for the sake of argument that it was the winner of the popular vote, Al Gore–gives a speech where he says: . . .
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Redacted USG and Defense Briefs in Ghailani Appeal

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Friday, April 12, 2013 at 11:12 AM

Now available in redacted form: the government’s opposition brief and the defendant’s reply in United States v. Ghailani, a criminal case arising from the 1998 bombing of U.S. embassies in Kenya and Tanzania, and now pending before the Second Circuit.  Our last update came nearly a year ago, when Ghailani’s opening appellate brief was unsealed. The government then filed its submission in October, and Ghailani filed a reply in . . .
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Brian Foster Follows Up on Fredman and Latif

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Monday, April 8, 2013 at 12:00 PM

Brian Foster of Covington & Burling, responds to my comments on his earlier guest post as follows: I don’t derive a double standard merely from your sympathy for the instinct behind the Latif majority’s factual assessment. I’m focusing on the inconsistent outcomes: on the one hand, you argue the Fredman minutes should be considered unreliable as to . . .
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Jess Bravin on Jonathan Fredman

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Wednesday, April 3, 2013 at 5:14 PM

Jess Bravin of the Wall Street Journal, the author of the recent book, The Terror Courts: Rough Justice at Guantanamo Bay, has posted the following statement on the Facebook page associated with his new book (I have taken the liberty of embedding the links Bravin supplies into his text.): “If the detainee dies you’re doing . . .
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