imperial presidency

House and Senate members today approved language for a homeland security appropriations bill that would give the Pentagon the right to continue withholding photos of the abuse of detainees in its custody, the ACLU reported on Wednesday.
The ACLU has been trying to get its hands on those photos, as well as other records, since 2003 [...]

Human rights experts say there is a serious risk that some of the Guantanamo detainees cleared for release could face persecution or torture.

Among the cases the Supreme Court will consider reviewing in its private meeting tomorrow are two controversial cases arising out of the war on terror. Both question whether the president’s authority over detainees and information about their treatment is absolute, or reviewable by the federal courts.
The first and better-known case involves whether the executive branch [...]

Last week I wrote about the serious limitations on President Obama’s new policy on the administration’s use of the “state secrets privilege” to dismiss cases charging the government with torture, warrantless wiretapping and other egregious abuses of executive power. Although the government has said it promises to invoke the privilege more sparingly, it’s still notably [...]

New documents obtained by TWI related to the case of Mohammed Jawad, an adolescent tortured by Afghan police and then abused again by U.S. interrogators, suggest that not only certain CIA interrogations, but also interrogations by the Department of Defense demand a broader investigation.

As President Obama reconsiders some of the assumptions of the counterinsurgency strategy he announced in March for Afghanistan and Pakistan, a conference featuring many of the luminaries of the counterinsurgency community discussed both the challenges inherent in counterinsurgency, including some lessons yet to be applied in Afghanistan.

Although the Obama administration’s much-anticipated new policy on the use of the so-called “state secrets” privilege, announced this morning, has drawn some praise, civil liberties lawyers and other critics of the use of the privilege don’t think it solves the problem.

Switzerland sent officials last month to visit the U.S. prison at Guantanamo Bay to collect information about four detainees it’s considering accepting for resettlement, The Associated Press reports.
The men being considered are reportedly two Chinese Muslim Uighurs, an Uzbek and a Palestinian. The men the United States has been trying to relocate have all been [...]

In yet another case that questions the power of federal courts to rein in the government’s executive branch, the U.S. Circuit Court in Washington, D.C., on Tuesday issued a mandate that allows the government to send up to 150 Guantanamo detainees to other countries over the prisoners’ objections, Lyle Denniston at SCOTUSblog reports. The ruling [...]

In surprising slap-in-the-face order to the government, a federal judge ruled last month that a court can require the government to disclose classified information to an individual with security clearance even if the executive branch doesn’t want to.
Steven Aftergood at Secrecy News reports that Judge Royce Lamberth in Washington, D.C., ruled on August 26 in [...]