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Category Archives: Interrogation

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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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.  

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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Harold Koh’s Speech at the Oxford Union

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Tuesday, May 7, 2013 at 9:09 PM

Earlier today, former State Department Legal Adviser Harold Koh gave a talk at the Oxford Union, entitled “How to End the Forever War?”  His remarks begin as follows: Thank you, Mr. President and Members of the Union, for inviting me here to speak. I am honored to return to this University, where I first came 38 . . .
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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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CMCR Denies Mandamus in Military Commission Media Access Cases

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Thursday, March 28, 2013 at 12:18 PM

Wells blogged previously about the efforts of various media groups and the ACLU to seek mandamus review before the Court of Military Commission Review (CMCR), challenging the scope of the protective order (which covers, among other things, the 9/11 trial) to the extent it bars press and public access to the proceedings even where there . . .
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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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Detention, Prosecution, and Interrogation in Mali

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Thursday, February 7, 2013 at 7:58 PM

I asked the other day what was becoming of the persons who presumably were being captured by French, Malian, or other forces fighting the Islamist extremists in Mali.  Turns out there are a couple of answers. This report provides the following answer as to those captured by the Malian army: “The Malian army took some prisoners, not . . .
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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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Self-Promotion Department: Vázquez and Vladeck on Bivens and State Law

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Tuesday, January 29, 2013 at 12:18 PM

A while back, I posted about a forthcoming article by Carlos Vázquez (Georgetown) and me on the relationship between Bivens remedies and state law, especially in national security cases.  I’m very pleased to say that the published version of the article is now out in this month’s issue of the University of Pennsylvania Law Review, and I’m . . .
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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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El-Masri Awarded Damages by ECHR

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Thursday, December 13, 2012 at 10:22 AM

The European Court of Human Rights (“ECHR”) today held that Macedonia had violated the rights of  Khaled El-Masri.  In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspect, and then, among other things, allegedly taken to Afghanistan—where he was interrogated and abused by the CIA.  The gist of the Strasbourg-based court’s ruling . . .
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