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Category Archives: Interrogation: CIA Program

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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SSCI v. CIA—Three Key Questions

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Wednesday, March 12, 2014 at 9:00 AM

Senator Feinstein’s remarkable floor statement yesterday has thrown further fuel onto an already volatile mix of intelligence and oversight issues related to the Senate Select Committee on Intelligence’s detention and interrogation report. Putting the controversy both outside and inside the SSCI about the substance of the report aside for now, the basic facts as Sen. . . .
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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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Congressional Control of Intelligence Programs (sometimes)

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Sunday, January 26, 2014 at 7:03 PM

In the last ten days, an interesting controversy has bubbled up over congressional control of the drone program.  The quarrel, which has been both internal to the Senate and between the Congress and the Executive, raises some important issues regarding Congress’s ability to control controversial but classified programs (such as the current drone program and . . .
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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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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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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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Brian Foster on Fredman and Latif

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Wednesday, April 3, 2013 at 8:07 AM

Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman—and the case of his former client, Adnan Latif: I’m interested in the basis and implications of your defense of Jonathan Fredman.  As I understand your post, you believe Fredman has been . . .
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A Response to Marcy Wheeler on Jonathan Fredman

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Tuesday, April 2, 2013 at 12:35 AM

It took only a few minutes from the time I posted my defense of CIA lawyer Jonathan Fredman last night for Marcy Wheeler (aka emptywheel) to begin tweeting bile against both Fredman and me. She used words like “criminal” and “he thought murder was no big deal” to refer to Fredman. And she bombastically promised . . .
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Memo to the Press: Just Shut Up About Jonathan Fredman

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Sunday, March 31, 2013 at 7:59 PM

The quotation is apparently too sexy to resist—too sexy even to Google its speaker’s name before running with it. A single Google search would, after all, yield this article by Stuart Taylor Jr. in National Journal—an article that should put any journalist on notice that the quotation by a career CIA lawyer named Jonathan Fredman is . . .
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Why No Period of Detention and Interrogation for Abu Ghaith, ala the Warsame Model?

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Thursday, March 7, 2013 at 4:14 PM

As Ritika notes below, the United States has captured a senior al Qaeda figure (Sulaiman Abu Ghaith, who was the son-in-law of Osama bin Laden), and will be bringing him to the United States for prosecution in civilian court.  One important question this story raises is whether it is right to think of this as . . .
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Will Saletan on AEI’s CIA Interrogation Panel

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Sunday, February 3, 2013 at 8:00 AM

I missed this week AEI’s panel on Zero Dark Thirty and the reality of coercive interrogation at the CIA, though I have been meaning to watch the video. I also missed Will Saletan’s excellent article Wednesday on the panel in Slate, which distills with an admirable economy of words and virtually no rhetoric, the basic . . .
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A Different Take on Zero Dark Thirty

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Wednesday, January 30, 2013 at 3:38 PM

Ritika already posted about AEI’s panel yesterday on Zero Dark Thirty, along with a link to the video of the proceedings. Given the composition of the panel, one can hardly be surprised by overall tenor of the AEI conversation (which is well summarized in this Slate story). Separating “fact” from “fiction,” indeed. At the same time, . . .
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