When the SSCI initially released its Study on the CIA’s Enhanced Interrogation Program in December 2014, the CIA quietly released a "Note to the Reader," which the Senate Intelligence Committee only became aware of last week. Here's what it says.
Latest in Detention: Law of
Last summer, U.S. forces conducted a raid in Syria that resulted in the capture of Umm Sayyaf, an ISIL member involved in the imprisonment and rape of women including American citizen Kayla Mueller. She was in U.S. military custody long enough to allow for interrogation both by the HIG and by a subsequent FBI clean team, but was not ultimately brought to the United States for trial. Instead, she was transferred to Kurdish authorities to face trial there.
A Working Group at the UN says Assange was "arbitrarily detained." The British say that's "ridiculous" and they are right.
The gist of Judge Royce Lamberth's opinion---which I have not yet read---is to deny the detainee's motion to grant his petition for a writ of habeas corpus. (As readers know, the motion was founded on the President's statements about the end of the United States' war in Afghanistan.)
I caught development one on social media last week: It seems Judge Royce Lamberth has set a hearing on Mukhtar Al Warafi's bid to end his detention at Guantanamo. The former Taliban medic, as readers well know, claims that assertions by the President, to the effect that the U.S.
Second Circuit Rules That High-Level Bush Officials May be Sued For Post-9/11 Round-up of Immigrants
In what seems to be a first-of-its-kind ruling, the Second Circuit Court of Appeals has reinstated claims against former Attorney General John Ashcroft, former FBI Director Robert Mueller, and former INS Commissioner James Zigler for their roles in post-9/11 immigration detentions, alledged abuse, and profiling.
According to the Center for Constitutional Rights:
Last week, Nathalie and I wrote about the international law questions U.S. executive officials were likely considering while contemplating the continued detention and ultimate fate of the sole known ISIS detainee, and surely must have contemplated in the lead-up to her capture. Now Shane Harris and Nancy Youssef have an article in the Daily Beast titled “U.S. Has No Idea How Long It Will Keep an ISIS Bride Locked Up,” which raises two additional questions I want to address briefly: one about pre-capture planning, and one about potential litigation.
Eight hundred years ago today, English barons obliged King John to sign Magna Carta. In honor of the anniversary, I thought I might share a brief passage on the subject from my book manuscript (I'm in the midst of a long-running book project, the aim of which is to situate various post-9/11 controversies in long-term historical context). From the current draft of my third chapter:
Umm Sayyaf is only the second or third known “law-of-war detainee” under President Obama outside of the Afghan theater, and the first known detainee in the conflict with ISIL. There has been little discussion to date of the legal justification for, or the questions raised by, her capture, ongoing detention, and potential transfer or prosecution. Here are a few of the questions of international law that might be tossing around among executive branch lawyers tasked with determining her fate.