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Detainee

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OLC’s Marty Lederman: An Opponent Of Preventive Detention?

Yesterday President Obama announced his intent to establish a system of preventive detention to stop would-be terrorists from “carrying out an act of war” — even when they “cannot be prosecuted for past crimes, in some cases because evidence may be tainted.” One of the most senior officials in the Justice Department’s Office of Legal [...]


Gonzo and Torture

So Ari Shapiro’s NPR story yesterday placed then-White House Counsel Alberto Gonzales — a.k.a. God’s gift to Talking Points Memo — at the center of the decision to torture Abu Zubaydah in the spring of 2002. Gonzales didn’t respond to Shapiro’s request for comment. But I notice in the Senate intelligence committee’s recently declassified narrative [...]


Is This Really an Inter-Administration GTMO Clash?

Michele Flournoy, undersecretary of defense for policy, testified that imprisoning some Guantanamo detainees in the United States would make it politically easier for European allies to take custody of some of the detainees. Robert Mueller, director of the FBI, testified to some concerns about holding Guantanamo detainees in America, out of fears that they’ll radicalize [...]


The Terrorist Next Door

The headline of a just-released Senate Republican Policy Committee document on what to do with Guantanamo Bay detainees:
Meet Your New Neighbor, Khalid Sheikh Mohammad?
There’s actually nothing in the 15-page paper suggesting that Khalid Sheikh Mohammad could be released into American society. There is, however, an exposition of the problem of the 17 Uighur detainees who [...]


GTMO: Chronicle of a Setback Foretold

Pentagon spokesman Geoff Morrell assured reporters yesterday, “I see nothing to indicate that that date” — that is, the date to close the Guantanamo Bay detention facility, set by President Obama in a January executive order by year’s end — “is at all in jeopardy.” OK. The Democratic-controlled Congress removed all money for the closure [...]


Supreme Court Detainee Decision May Not Block Suits Against Top Officials

The Supreme Court returned the case of a Muslim Pakistani immigrant to a lower court, leaving questions about how specific a claim against a government official must be for it to be heard.


Government Pressing to Finalize Conviction By Discredited Bush Military Commission

Why would the Obama administration, after having suspended the Bush military commissions that President Obama called an “enormous failure,” now be pushing to finalize the conviction and life sentence of a detainee who boycotted his trial due to procedures that he — and much of the world — insisted were unfair?
As I noted in my [...]


Obama Appears Poised to Renew Military Commissions

Recent reports quoting anonymous officials within the Obama administration suggest the president is considering reviving the same military commissions that he called “an enormous failure” as a candidate.


Non-Link Between Saddam Hussein and al-Qaeda May Be Dead

Check out this Bmaz post at Emptywheel about a rumor circulating through Arabic-language media that Ibn Shaikh al-Libi, a member of al-Qaeda who was tortured at the behest of the United States before claiming that Saddam Hussein had lent material support to the terrorist movement, has committed suicide in a Libyan prison. Confirmation is pending, [...]


I Do Not Think That Word Means What You Think It Means

Rep. Pete Hoekstra (R-Mich.), pushing the Republican bill that would prevent the closure of the U.S. detention facility at Guantanamo Bay, Cuba:
Releasing hardcore radical jihadists into Michigan or anywhere else in the United States should horrify law-abiding citizens. It would immediately and unnecessarily endanger American lives by sending trained terrorists into the very country that [...]