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Interrogation

Trump and the Law on Torture

Given President Trump’s enthusiasm, as a presidential candidate, for enhanced interrogation, waterboarding, torture, and “worse,” as well as his eagerness to contrast himself at every opportunity with President Obama, one might have expected to see the use of such methods reinstated after he became President. At the one year mark, however, the issue seems conspicuously absent.

Supreme Court of Israel

‘Pressure Techniques’ and Oversight of Shin Bet Interrogations: Abu Gosh v. Attorney General

Last week, the Supreme Court of Israel issued a decision concerning one of the most sensitive areas of counterterrorism policy and practice. The decision considered so-called “pressure techniques” the Israeli Security Agency (the ISA, known colloquially as the Shin Bet) applied during the interrogation of a terrorism suspect in 2007.

Alien Tort Statute

Former Guantanamo Detainee Petitions for Certiorari Seeking Redress for Alleged Torture

In late 2002, Afghan officials arrested Mohammed Jawad and transferred him to American officials. During his six-year stay at Guantanamo, Jawad alleges that he was tortured. Upon being released from federal custody and repatriated to Afghanistan, Jawad sued the government in 2014. Last year on Lawfare, Helen Klein Murillo described the D.C.

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.

Guantanamo Litigation: District Court

Judge Lamberth Orders SSCI Report Turned Over to the Court

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:

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.

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