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Category Archives: Interrogation: Criminal

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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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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A Bad Idea Recycled

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Wednesday, October 9, 2013 at 11:56 AM

If a capture comes, can calls to send the terrorist to Guantanamo be far behind? Apparently not. ABC News is reporting that GOP Senators Lindsey Graham, Kelly Ayotte, and Saxby Chambliss are calling for Abu Anas al-Libi to be taken to Guantanamo Bay: Republican Senators Lindsey Graham, Kelly Ayotte and Saxby Chambliss said today it was . . .
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POTUS Plans to Nominate James B. Comey as Next FBI Director

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Wednesday, May 29, 2013 at 7:29 PM

So report the New York Times and the Washington Post.  

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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Should Abu Ghaith Have Been Sent to GTMO? Senators Ayotte and Graham (Still) Think So

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Friday, March 15, 2013 at 2:36 PM

Wednesday on the Senate floor, three senators spoke about the Obama administration’s decision to prosecute, in a federal court, Osama bin Laden’s son-in-law and Al Qaeda spokesman Sulaiman Abu Ghaith. Republican Senators Kelly Ayotte and Lindsey Graham unsurprisingly opposed this approach, and argued instead that Abu Ghaith should have been sent to GTMO for interrogation, . . .
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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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False Continuity Continued: Today’s WaPo on “Renditions” Under the Obama Administration

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Wednesday, January 2, 2013 at 10:24 AM

Under the snazzy headline “Renditions continue under Obama, despite due-process concerns,” today’s Washington Post has a long article on the overseas arrest, detention, and subsequent criminal indictment in New York (civilian) federal court of three “European men with Somali roots.” The article claims (with emphasis added) that: The men are the latest example of how the . . .
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District Court Grants Partial Summary Judgment to Plaintiff in Al-Kidd

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Tuesday, October 2, 2012 at 5:11 PM

This is a big deal.  The district court  (in the person of Judge Edward Lodge of the District of Idaho) has entered partial summary judgment for the plaintiffs in Al-Kidd v. Ashcroft.  That’s the statutory and constitutional tort action against the United States and two individuals, a current FBI agent and a former one.  In short, the plaintiff, a former . . .
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D.C. Circuit Upholds Narcoterrorism Conviction in United States v. Mohammed

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Wednesday, September 5, 2012 at 10:40 AM

Yesterday the D.C. Circuit issued its decision in United States v. Mohammed, in which the defendant, Afghan citizen Khan Mohammed, appealed his conviction on narcoterrorism charges stemming from his involvement in a plot to attack a NATO base in Afghanistan. Of particular relevance to Lawfare readers is the court’s broad interpretation of 21 U.S.C. § 960a, which criminalizes drug . . .
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DOJ Ends Criminal Inquiry into Detainee Deaths

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Thursday, August 30, 2012 at 3:40 PM

Some detainee treatment news here: Attorney General Eric Holder today announced the end of a criminal investigation into the deaths of two detainees while in U.S. custody.  No charges will be filed because, according to Holder’s statement, “the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.” The . . .
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(Timely) Symposium on Contractor Accountability Over @ Opinio Juris

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Thursday, May 17, 2012 at 10:00 AM

Our friends over at Opinio Juris are hosting a neat online symposium discussion of Professor Laura Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. In addition to two posts (so far) from Laura, there are also contributions from Deborah Pearlstein (Cardozo Law), Allison Steiner (Middlebury College political science), . . .
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Al Shabaab Commander Turned Cooperating Witness?

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Monday, May 14, 2012 at 4:41 PM

An important story from Ben Weiser at the New York Times, from this morning, describes an interesting new development in the prosecution of Mohamed Ibrahim Ahmed–a case that receives little attention, but is in fact quite important.  Ahmed is an Eritrean citizen and Swedish resident, arrested in Nigeria in 2009 on suspicion of involvement in terrorism.  . . .
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Opinion Denying Motion to Suppress Post-Capture Statements in NYC Subway Plot Case

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Friday, May 4, 2012 at 10:31 AM

As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot.  Previously, he had moved to suppress inculpatory statements he’d made after his arrest, and the judge has now issued an opinion explaining the denial of the motion.  Given the importance of the issue (post-capture questioning in . . .
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John Brennan’s Remarks at HLS-Brookings Conference

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Friday, September 16, 2011 at 6:34 PM

Here is the prepared text, released by the White House, of John Brennan’s speech at the Harvard Law School-Brookings conference now under way in Cambridge. I will post video, including of the very interesting Q&A, as soon as I can: Remarks of John O. Brennan – As Prepared for Delivery Assistant to the President for . . .
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This Case Has Always Made My Blood Boil

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Saturday, August 13, 2011 at 2:06 AM

This case may have almost nothing to do with national security law. But it has infuriated me ever since, as a Post editorial writer some years back, I spent a lot of time writing about criminal justice issues in Virginia and it fell onto my lap. As the Post, which has stayed on the case . . .
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David Kris on Criminal Prosecution as a Counterterrorism Tool

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Thursday, July 7, 2011 at 12:23 AM

Well, this is timely.  The Journal of National Security Law & Policy has just published this 104-page article from David Kris (who recently stepped down as the AAG for the National Security Division at DOJ) titled “Criminal Prosecution as a Counterterrorism Tool”.  Here’s an excerpt from the introduction: This article argues that we should continue . . .
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The Kentucky-Iraq Defendants Waived Miranda and Presentment, and the Government “Conducted Extensive Interrogation” Thereafter

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Wednesday, June 22, 2011 at 4:46 PM

In response to my post earlier today on Senator McConnell’s call for the defendants in the Kentucky-Iraq case to be transferred to GTMO, the  spokesman for DOJ’s National Security Division (Dean Boyd) shares the following information: “Law enforcement officials conducted extensive interrogation of these suspects for several days after their arrests to quickly gather intelligence and other . . .
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