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Category Archives: Interrogation: Criminal: Miranda

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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9/11 Defense Counsel on the CIA’s Response to the SSCI Study

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Friday, December 12, 2014 at 2:08 PM

James Connell III, lawyer for 9/11 accused Ammar al-Baluchi, had this to say today: “The CIA and its defenders are using Mr. al Baluchi as a scapegoat for its illegal and reprehensible use of torture,” said James Connell, civilian attorney for Mr. al Baluchi.  “The United States spent incredible amounts of money, energy, and American . . .
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Senator Feinstein Rebuts CIA on Twitter

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Friday, December 12, 2014 at 10:45 AM

Yesterday, as CIA Director John Brennan spoke about the release of the Senate Select Committee on Intelligence’s Study of CIA Enhanced Interrogation Techniques, Senator Dianne Feinsten (D-CA) live tweeted her responses. You can find the full set of tweets from the Senate Intelligence Committee’s Chairman below the break.

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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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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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.  

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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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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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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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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The FBI’s Miranda Memo: Some Thoughts

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Friday, March 25, 2011 at 3:58 PM

The major significance of the FBI’s Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in terrorism cases and interprets that exception broadly. Second, it sets up a process for continued unwarned questioning beyond the public safety window in some . . .
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Text of FBI Memorandum on Miranda

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Friday, March 25, 2011 at 12:07 PM

Charlie Savage of the New York Times has posted the text of the FBI’s new guidance on Miranda. I’ll post thoughts after I’ve had a chance to digest it.

Interrogation, Miranda, and Invocations of the Rights to Silence and to Counsel: The FBI Guidance in Context

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Thursday, March 24, 2011 at 5:24 PM

A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating. There is a tendency in this debate to conflate rules of evidentiary admissibility with rules that might more generally restrain the conduct of government agents.  So let’s disaggregate these strands. Does . . .
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Wall Street Journal on New Miranda Rules

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Thursday, March 24, 2011 at 1:26 PM

Evan Perez of the Wall Street Journal has this very interesting piece reporting that “New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.” Writes Perez: A Federal Bureau of . . .
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