Interrogation

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Interrogation

Special Interrogation Gone Bad: The Samer Al-Arbeed Case

Israel is confronting a national scandal over the hospitalization of an alleged terrorist detained by the Israel Security Agency (ISA). On Aug. 23, three Israeli civilians were hiking near a West Bank water spring when a hidden explosive was detonated by remote control. Seventeen-year-old Rina Shnerb was killed instantly, and her father and brother were injured.

Interrogation

Now that Gina Haspel is CIA Director, It’s Time to Come to Terms With the Torture Program

On Thursday, the Senate voted to make Gina Haspel the next director of the CIA. I don’t know Haspel myself, but I have no reason to doubt that she is someone with a deep-rooted patriotism and a sense of duty to the officers who work under her. By all accounts, she appears to be a highly effective administrator. Her long career in the CIA makes her well suited to understand the agency and its operations, and having served as acting director, she already knows how to run the CIA day-to-day.

Interrogation

CIA Releases Declassified Memo on Haspel Involvement in Destruction of Tapes

The CIA released a declassified December 2011 memo by Michael Morell, then the deputy director, about Gina Haspel’s involvement in the destruction of detainee interrogation tapes in 2005. President Trump has nominated Haspel, the current deputy director, to serve as CIA director.

Interrogation

DOJ Delivered Only Copy of SSCI Report to Court, Senate Democrats Write

As Benjamin Wittes and I have noted, the last few weeks of the Obama administration and the first months of the Trump administration generated some activity surrounding the Senate Intelligence Committee’s report on interrogation, with counsel for Guantanamo detainees filing motions requesting that the SSCI report be preserved in at least four cases.

Interrogation

Al-Nashiri Moves to Preserve SSCI Report in Habeas Case

Speaking of Guantanamo habeas litigation, which one of us was yesterday, there's been an interesting development in the Al-Nashiri habeas case. This particular habeas case out of Guantanamo has been a sleepy one, since all the action in the Abd al Rahim Al-Nashiri matter has been in his military commission trial and related federal court litigation.

Annals of the Trump Administration

Annals of the Trump Administration #3: Refusing to Add Waterboarding to the Field Manual?

In a prior post I discussed the Trump administration's apparent interest in reviving waterboarding as an interrogation method, noted that a federal statute forbids resort to any interrogation method not listed in the relevant Army Field Manual, and explained that the Trump administration might try to overcome that barrier by pushing to have the manual amended to include a classified annex authorizing waterboarding.

Annals of the Trump Administration

Annals of the Trump Administration #2: Which Executive Orders and Directives Are Doomed?

What security-related executive orders are likely to be repealed in whole or in part soon after Donald Trump is sworn in as president? I list some obvious ones below, and will be happy to update the list with predictions others may send me.

1. Executive Order 13491 (Jan. 22, 2009) ("Ensuring Lawful Interrogation")

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