Apparently, in complying with Judge Lamberth’s order to provide the SSCI report to the court for safekeeping in Nashiri, the Department of Justice may have given up its only copy of the document.
Latest in Interrogation
The military cannot save us from the moral stain of torture.
The problem with the Trump Administration's substantively toothless but symbolically powerful Executive Order on interrogation.
The original motion by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interrogation report to held under seal with the D.C. District Court, as well as the government's response and a reply to the government by Nashiri's counsel.
The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:
A high-value detainee files a motion to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court.
Annals of the Trump Administration #5: Would Waterboarding Count as "Force," and Must It Be Disclosed?
Katherine Hawkins at the Constitution Project tweeted some good points in response to my earlier posts on Trump, interrogation, and waterboarding (here and here). One concerns the possibility that the NDAA FY'15 in fact does prohibit a Field Manual amendment that would include waterboarding.
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.
Georgetown's Elizabeth Grimm Arsenault looks at Trump's campaign rhetoric and describes the peril of his position on torture.
The transition to a Trump Administration is now underway. Among many other things, this likely will entail an effort to identify various executive orders issued by President Obama that President Trump will repeal or modify soon after the inauguration.