This post draws on material from my current book project, the concluding chapter of which considers the legal architecture of counterterrorism in a “postwar” setting…and advances the argument that we already have largely crossed into that world.
In yesterday’s speech, … Read more »
Both the New York Times and Washington Post are reporting that U.S. and Afghan officials have resolved the dispute over the transfer of authority over the Detention Facility at Parwan to Afghanistan. The Times reports:
On Saturday, a Pentagon spokesman
I’ve posted many times on the gradual but inexorable process through which the United States is closing out its detention operations in Afghanistan, including this recent update. It has been a bumpy road, and after President Karzai recently suggested that … Read more »
The meeting between Presidents Obama and Karzai today appears to have produced an agreement that will revive the process of shutting down U.S. detention operations in Afghanistan. As reported in the Wall Street Journal:
With Mr. Obama at his side,
Another noteworthy development in the conference version of the NDAA is section 1025. Think of this as a new direction in the congressionalization of detention operations in Afghanistan.
What do I mean by congressionalization? I admit I just made that … Read more »
You want ‘em? We got ‘em.
Here are some more counterterrorism-relevant amendments to the Senate’s version of NDAA 2013—all offered by Senator Sessions: Nos. 3009 (conditioning the availability of certain funds for the Executive Office of the President on prior … Read more »
A few years ago I wrote a paper about the cycle of detention law and policy over time in Iraq, and among other conclusions I observed that the sustainability of overseas, US-administered detention facilities established in the context of a … Read more »
As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution. After several very quiet months seemingly mulling over the pleadings before him, … Read more »
There has been speculation about the effect of the Obama administration’s pinched detention policy – i.e. no new detainees brought to GTMO, and no new detainees to Parwan (Afghanistan) from outside Afghanistan – on its other counterterrorism policies. I have … Read more »
Yeesh. Yesterday I noted that Chairman McKeon’s NDAA draft includes a “Daqduq rule” — i.e., a provision requiring the Defense Department to notify Congress before transferring certain detainees held at the DFIP in Afghanistan out of U.S. custody. I called … Read more »
At one point prior to 2009, [Update: In my haste this morning, I erred by referring to 100,000 detainees in Iraq at a single point in time, when instead I meant to refer to the volume of detainees we … Read more »
Some time back, I spoke at a panel at Duke Law School on detention policy alongside, among others, Michael Gottlieb, who had just completed a fourteen month tour as the top civilian official in Task Force 435 in Afghanistan. As … Read more »
So here are the first two elements of the Human Rights First report card, how I would recast them, and the grades I would assign. HRF’s initial element reads:
Grade: A-Standing Firm Against Use of Torture and Detainee
The other day I posted some data on the recidivism rate among detainees in Afghanistan, culled from a report DOD recently submitted to Congress. That same day, it turns out, Vice Adm. Robert Harward, commander of CJIATF-435, participated in a … Read more »
Parwan, Friday, November 19, 2010 — The week’s posts up until now—written on a Blackberry while we moved or found small spaces of time between engagements—position me finally to move from the definitional and philosophical matters I pondered yesterday in … Read more »
Ever notice that the debate over detention law and policy rarely makes reference to the American experience in Iraq over the past seven years? Ever wonder what lessons, if any, that experience has to offer? If so, you might want … Read more »
Wednesday, June 19, 2013
Carol Rosenberg wrote about yesterday’s arguments in the 9/11 hearings on defense counsel’s request for access to the Red Cross’s reports of its interviews with the five accused. That’s in the Miami Herald.
Yesterday’s House intelligence committee hearing with top intelligence agency and DOJ officials drew a big crowd and much news: Wired explains the DOJ’s efforts to conceal the NSA’s role… Read more »
