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Prominent Bipartisan Group Supports Trial of GTMO Detainees in Federal Court

A bipartisan group of more than 120 judges, prosecutors, diplomats, former members of Congress and high-level military and government officials yesterday released a proposed plan for closing the Guantanamo Bay prison camp and trying all suspected terrorists in civilian federal court.
“Some have opposed the closing of Guantanamo because they believe there is no viable alternative [...]


Justice Groups Press for ‘State Secrets’ Legislation

Seven major civil rights and open government organizations today sent a letter to leaders of the House and Senate Judiciary Committees urging them to pass legislation to restrict the government’s ability to use the “state secrets” privilege to dismiss litigation charging government wrongdoing. Although the Obama administration yesterday announced a new policy in which it [...]


Patriot Act Renewal Debate Kicks Off Over Party Lines

Eight years after it was passed, the USA Patriot Act remains among the most controversial pieces of counterterrorism legislation in the so-called “war on terror.”


Supreme Court Orders a New Hearing for Death Row Inmate Troy Davis

In a highly unusual decision, a majority of Supreme Court justices yesterday ordered that a federal judge in Georgia must hear new evidence that lawyers for Troy Davis have been saying for years will prove his innocence.
Davis, as I’ve explained before, has been on death row in Georgia since 1989, when he was found guilty [...]


Debate Intensifies Over Preventive Detention

A letter to the White House asks the president not to expand a controversial Bush-era policy.


Fight Brews Between Civil Liberties Groups and Obama

An anonymous White House quote on preventive detention has put civil liberties advocates on the offensive.


More on Civil Liberties Groups and That Detention Executive Order

I’m still trying to figure out how the Obama administration could believe that civil liberties groups gave it cover to issue an executive order authorizing “prolonged detention” of suspected terrorists, as Dafna Linzer and Peter Finn reported on Friday. Ginny Sloan, president of the Constitution Project — which has made its feelings on detention known [...]


Big Break From Bush on ‘State Secrets’ Unlikely Under Obama

In an interview with Katie Couric, Eric Holder dodged specifics on Justice Department plans.


Recasting the War on Terrorism

Liberal groups see a successful counterterrorism strategy doing more than ending torture, closing Guantanamo Bay, restricting CIA interrogation practices and curbing domestic spying. It must restore America’s moral stature in the world, and one way to do that is help resolve Arab-Israeli conflicts. The new administration seems receptive to the need for change.


Consideration of National Security Courts Lands Obama in a Legal Minefield

Monday’s news that President-elect Barack Obama and his advisers are planning to close the prison at Guantanamo Bay and prosecute some of the prisoners detained there in special national-security courts has prompted a retreat by the Obama team and swift responses by advocates on all sides.
On Tuesday, senior Obama foreign policy adviser Denis McDonough said [...]