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Senate Kills Graham Amendment

The Senate just tabled the amendment proposed by Sen. Lindsey Graham (R-S.C.) that would have prohibited use of Justice Department funds to prosecute the 9/11 terror suspects in U.S. federal courts. Effectively, that means it’s dead.
The amendment, S.A. 2669, to the Commerce, Justice, Science and Related Agencies Appropriations Act, would have forced the government to [...]


Government Won’t Appeal Gitmo Detainee’s Habeas Case — but Military Commission Charges Still Pending

Fouad al Rabiah, a Kuwaiti Airways engineer accused of being an aide to Osama bin Laden who recently won his habeas corpus case in federal court, is a step closer to going home. McClatchy newspapers reports that the 50-year-old father of four was moved to the part of the Guantanamo detention center reserved for detainees [...]


Former OLC Director Not Opposed to Criminal Investigation of OLC Lawyers

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 was referring to the period [...]


Holder’s Invocation of State Secrets Privilege Shields Government From Accountability

As Marcy Wheeler and Glenn Greenwald both pointed out over the weekend, Eric Holder on Friday once again declared that a case charging government lawbreaking must be dismissed because to let it continue would reveal important “state secrets.” That’s despite the fact that Attorney General Eric Holder not long ago announced that he’d be asserting [...]


Al-Qaeda Assistant Sentenced to Eight Years in Prison

Depending on who you ask, the sentencing yesterday of Ali Saleh Kahlah Al-Marri to eight years in prison is either evidence that the civilian federal judicial system can successfully handle terror cases, or evidence that it’s a dismal failure.
Yesterday, Jonathan Hafetz, the American Civil Liberties Union lawyer who represented Al-Marri in his challenge to military [...]


More Torture Docs Could Be Released Friday

Nick Baumann at Mother Jones reminds us that the Obama administration promised earlier this month to do its best to review about 224 more documents that might be responsive to the American Civil Liberties Union’s Freedom of Information Act longstanding requests for documents relating to the torture, abuse and death of detainees in U.S. custody.
Somehow, [...]


Obama Legacy: A Parallel Justice System?

President Obama confirmed Wednesday that he plans to keep the controversial military commissions alive.


The New York Times Slams Obama’s Torture ‘Cover-Up’

The New York Times’ lead editorial today is a powerful indictment of the Obama administration’s continuation of Bush-era efforts to conceal the facts of U.S.-sponsored torture.
Running through the list of situations that we’ve been reporting on in which the Obama administration continues to conceal evidence of torture — from the efforts of British resident Binyam [...]


Specter Reconsidering His Position on OLC Nominee Dawn Johnsen

Earlier this year when Arlen Specter was still a Republican, the Pennsylvania senator was among the harshest critics of Dawn Johnsen, the Indiana University law professor who is President Obama’s pick to head the Justice Department’s Office of Legal Counsel.
The OLC is the office that housed such Bush-era luminaries as John Yoo and Jay Bybee, [...]


9/11 Masterminds Could Face Trial in Federal Court

The possibility prompts fervent opposition from Republicans, who say the 9/11 terrorists should never be allowed anywhere on U.S. soil, let alone in a civilian U.S. court.