An unclassified report released Wednesday by the departments of Justice and Defense assured members of Congress that “if Guantánamo Bay detainees were relocated to a prison inside the United States, it is unlikely that a court would order their release onto domestic soil.” Charlie Savage at The New York Times discusses how the report “addresses concerns over President Obama’s plan to close the controversial prison.
Yesterday, U.S. District Court Judge James E. Boasberg upheld Washington, D.C.’s strong post-Heller gun regulations, finding that they “pass constitutional scrutiny.” Ann E. Marimow at The Washington Post has the story.
At The Week, Matt Bruenig argues in favor of term-limiting Supreme Court justices. In his article, Bruenig supports a proposal that would enable Supreme Court judges to serve single, staggered 18-year terms.
The Justice Department has been asked to investigate accusations of CIA surveillance of computers used by Senate staff to prepare a Senate Intelligence Committee report allegedly detailing “how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture.” Jonathan S. Landay, Ali Watkins, and Maris Taylor at McClatchy DC have the story.
State officials are appealing U.S. District Judge John G. Heyburn II’s ruling that Kentucky must recognize same-sex marriages legally performed outside the state. Writing for The Courier-Journal, Tom Loftus and Chris Kenning report on why the Office of the Attorney General is sitting this one out.
The Supreme Court agreed to hear oral argument in a case that challenges the Arkansas Department of Corrections’ no-beard policy for inmates. Ruthann Robson—Faculty Advisor for the CUNY School of Law ACS Student Chapter—reviews Holt v. Hobbs at the Constitutional Law Prof Blog and explores whether the ADC’s policy violates the Religious Land Use and Institutionalized Persons Act.
Yesterday, the Supreme Court expanded whistleblower protections. In Lawson v. FMR LLC, the justices agreed to extend such protections to businesses working for public companies. Writing for Reuters, Lawrence Hurley breaks down the high court’s decision.
Andrew Cohen at The Atlantic examines United States v. Maloney, a case that features a wrongfully convicted man, an intrepid prosecutor and “a result … that is worthy of respect.”
Alex Rich at Above the Law argues why a new meaning of legal work “may define the work of a generation of lawyers.”
Moazzam Begg, an ex-Guantánamo detainee and prominent critic of the West’s War on Terror, was arrested Tuesday in an “anti-terror raid” in Birmingham, England. Begg, a native-born British citizen, was detained for three years after September 11, 2001 without being charged of a crime. Glenn Greenwald and Murtaza Hussain at The Intercept discuss the “dubious terrorism charges” that are “part of the effort to criminalize Muslim political dissent.”
The Public Campaign Action Fund is spending $1 million to rally New York Gov. Andrew Cuomo and state legislators to pass a bill that would combat big-money politics and "raise up the voices of everyday people in our political process." Andy Kroll at Mother Jones has the story.
A secretly recorded video of recent Supreme Court oral argument has been released by the advocacy group 99Rise.org. Bill Mears of CNN reports on the rare footage that is raising concerns at the high court.
Dana Milbank of The Washington Post comments on the GOP’s frivolous lawsuits against the Obama administration and their ideological shift on judicial activism.
At ACLU’s Blog of Rights, Dennis Parker compares commentary on Adkins et al. vs. Morgan Stanley with the eloquent imagery of Jamaal May’s “There Are Birds Here.”
Twelve years after 9/11, those who planned the attacks have yet to be held accountable for causing the deaths of thousands of innocent civilians. Guantanamo policy is to blame.
While the military commission trial against Khalid Sheik Mohammed and his co-conspirators will resume next week on the isolated base in Cuba, no one should expect progress any time soon. The commissions, even in their current third incarnation, have been plagued with one misfire after another, leading the chief of staff for the official overseeing Guantanamo to reportedly call the prison “a hot mess.” The myriad recent problems with the commissions include:
The military judge failed to determine whether the Constitution applies to the commission proceedings as a whole, leaving the parties to argue over every possible application of the Constitution.
The court ruled defendants are not able to hear evidence of their own torture because it’s classified.
The CIA, unbeknownst to the military judge, had the ability to censor testimony, which was discovered when a white noise button was used, but not by the court security officer.
It was discovered that eavesdropping devices at the court could monitor attorney client communications.
Defense emails and documents have disappeared from government computers, leading the chief defense counsel to bar use of Pentagon computers for casework.
In a major counterterrorism speech this spring, President Obama pledged to redouble efforts to close Guantanamo – a symbol of torture and indefinite detention. He said, “Guantanamo has become a symbol around the world for an America that flouts the rule of law.”
President Obama’s address to the National Defense University was quickly embraced by many high-profile pundits as evidence the 44th president would actually and finally offer change one could believe in. Specifically, change from the way his predecessor presided over a never-ending war on terror.
As noted here, during his May 23 speech the president provided some lofty rhetoric suggesting significant change was underway to counter intensifying criticism from civil libertarians and human rights advocates that the Obama administration is trampling fundamental constitutional principles and values while waging the so-called war on terror.
The New York Times editorial board lauded Obama’s speech as “the most important statement on counterterrorism policy since the 2001 attacks, a momentous turning point in post 9/11 America. For the first time a president stated clearly and equivocally the state of perpetual warfare that began nearly 12 years ago is unsustainable for a democracy and must come to an end in the not-too-distant future.”
Many other pundits also heralded the speech as a major shift in policy, while others, such as Alex Pareene warned that those concerned about human rights and civil liberties would likely be seriously disappointed.
Today, The Timesreported that Pakistani officials said a CIA drone strike had supposedly “killed a top member of the Pakistani Taliban, an attack that illustrated the continued murkiness of the rules that govern the United States’ targeted killing operations.” Before his much-trumpeted counterterrorism speech, The Times reported that the administration would start shifting control of the drone strikes from the CIA to the military.
Obama’s speech received a lukewarm response from the ACLU, which has fought to obtain more information about the administration’s drone warfare. This blog also noted that a mere speech without action would not squelch criticism of counterterrorism efforts that violate U.S. and international law. The president declared early in his first term that we must protect fundamental values, such as due process under the law, as vigilantly as we wage war against terrorists. But such talk has too often proven hollow.
In a piece for The Guardian, Glenn Greenwald scored the president for a trend of advancing rhetoric that doesn’t reflect reality. Greenwald wrote, “what should be beyond dispute at this point is that Obama’s speeches have very little to do with Obama’s actions, except to the extent that they often signal what he intends not to do. How many times does Obama have to deliver a speech embracing a set of values and policies, only to watch as he then proceeds to do the opposite, before one ceases to view his public proclamations as predictive of his future choices?”