The Washington Independent

Posts Tagged jack goldsmith

Would Military Commissions Handle Anything About Terrorism Cases Any Better Than Courts?

By | 04.09.10 | 2:28 pm

Adam Serwer reads Andy McCarthy’s comment in my piece today about information of any kind being unacceptably jeopardized by the “day to day” interactions of civilian court procedures and observes:

I’m here at Guantanamo to observe a hearing in the case of Noor Uthman Mohammed, who is being accused

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Former OLC Director Not Opposed to Criminal Investigation of OLC Lawyers

By | 11.03.09 | 1:07 pm

Former Acting Assistant Attorney General Daniel Levin, who headed the Justice Department’s Office of Legal Counsel under President George W. Bush after the departure of Jack Goldsmith, said this morning that “I personally am not opposed to criminal investigation of my conduct and others during the period in question.” Levin More…

DOJ Advice on Sleep Deprivation Varied Widely

By | 09.03.09 | 9:07 am

iron shackles
Among the many revelations in the CIA inspector general’s report released last week is this curious fact: the CIA did not have a coherent or consistent policy about the use and legality of sleep deprivation as an interrogation tactic. And it was More…

Curious Discrepancies in Reports on Sleep Deprivation

By | 08.27.09 | 5:51 pm

On page 30 of the 2004 CIA inspector general report, the CIA’s interrogation guidelines provided for “standard techniques” of interrogation that include, among other things, “sleep deprivation not to exceed 72 hours.” Clearly the CIA must have told John Helgerson, the inspector general, that those were the limits. More…

John Yoo’s Defense of Himself Is as Persuasive as Most of His Legal Opinions

By | 07.16.09 | 9:06 am

This is your horrible, dystopian future: John Yoo, the former Office of Legal Counsel official who had a hand in crafting the Bush administration’s detentions, interrogations and warrantless surveillance abuses, writes endless and endlessly misleading defenses of himself. Some people die because of Yoo’s cavalier relationship with the law — More…

Feingold: Legal Memos on ‘Blatantly Illegal’ Surveillance Still in Place

By | 07.10.09 | 7:01 pm

No real surprise that progressive Sen. Russ Feingold (D-Wis.) would be appalled by the inspectors general report on warrantless surveillance, but this is news to me:

“This report leaves no doubt that the warrantless wiretapping program was blatantly illegal and an unconstitutional assertion of executive power. I once again

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Gonzales’ Testimony on Surveillance Was ‘Confusing, Inaccurate, and … Misleading’

By | 07.10.09 | 4:21 pm

Ah, Alberto Gonzales. After the then-Attorney General presented a slippery account to the Senate Judiciary Committee in July 2007 of, among other subjects, the Bush administration’s warrantless surveillance efforts, a group of Democratic senators quickly moved to investigate Gonzales for perjury. The immediate issue was Gonzales’ assertion that Justice More…

Yoo and Only Yoo (Knew About Surveillance)

By | 07.10.09 | 3:12 pm

Sure, the associate attorney general for the Office of Legal Counsel at the Justice Department is supposed to be in charge of the office. But in 2001, then-OLC chief Jay Bybee “was never read into” the President’s Surveillance Program and instead, his deputy, John Yoo, was the only one More…

Debate Intensifies Over Preventive Detention

By | 07.02.09 | 12:01 am

Ever since President Obama said in his speech at the National Archives that he believes there’s a category of people at Guantanamo who can’t be tried in criminal court or by military commission but are too dangerous to release, legal and More…

Why Some Civil Libertarians Support an Executive Order on Preventive Detention

By | 07.01.09 | 4:33 pm

So just who are those “civil liberties groups” that have encouraged the Obama administration to issue an executive order creating a system of prolonged preventive detention?

As Spencer wrote today, someone in the administration told ProPublica’s Dafna Linzner and The Washington Post’s Peter Finn that yes, civil liberties groups More…