No Habeas If They've Moved Your Body
Fatster linked to this Carol Rosenberg story, describing how Judge Thomas Hogan dismissed the habeas petitions of over a hundred former Gitmo detainees because they were no longer held at Gitmo--though they may be held by US proxies elsewhere.
A…
"Well, it's their fault for bringing their kids into a battle."
Warning: Very disturbing video.
Wikileaks has now posted the video that--they have suggested--is one of the reasons the US government has been surveilling them. Here's part of Wikileaks' description:
The video, shot from an Apache helicopter…
How CIA Avoided Negligent Homicide Charges in the Salt Pit Killing
Since the AP story on the Salt Pit death, reporters have focused a lot of attention to a particular footnote in Jay Bybee's second response to the OPR Report and what it claims about intent (and, to a lesser degree, what it says about Jay Bybee's…
Why John Yoo's Attempts to "Negate" the Torturers' Intent Fails
In my last post, I showed how the Bybee Two memo, purporting to find each of ten torture techniques used with Abu Zubaydah legal, was a very specific response to John Yoo's July 13 memo to John Rizzo. The July 13 memo had basically said, "if…
How John Yoo Negated the Mental Suffering of Death Threats in the Bybee Two Memo
It's time to read the Bybee Two memo again.
Since the OPR Report came out, we've learned the following (some of it was already out there, but I, at least, hadn't noticed it):
After his 63rd interrogation session, Abu Zubaydah experienced…
Mummies And Bunnies Trash
It has been a while since we have taken in the Trash and the natives are restless. So, for yer Easter pleasure, we have a special Mummies and Bunnies edition of Trash.
CIA Lawyers Were Discussing "Issue that Arose" Three Days Before July 13 Fax
My focus on the multiple versions of Abu Zubaydah's psychological assessment led me to review the CIA OIG Vaughn Declaration from last August, and one document that was withheld caught my eye.
The document strongly suggests that the July 13,…
The Government Makes No Claim Abu Zubaydah Had Knowledge of Impending Terrorist Plans
There's one more really incendiary passage from the government's response to Abu Zubaydah's request for more information in his habeas petition (see here, here, and here for more on this document). In response to a request for evidence indicating…
Abu Zubaydah Experienced "Hard" Dislocation After Session 63
Whoever wrote Abu Zubaydah's psychological evaluation claimed to have succeeded in subjecting Abu Zubaydah to "hard" dislocation after his 63rd session of torture. And that claim was made before OLC approved the use of torture with him.
I've…
Government Admits Its Understanding of Abu Zubaydah Has "Evolved"
I wanted to return to the government's filing on Abu Zubaydah backing off the key claims on which our torture system is based. A year ago, the government filed its factual return to justify the detention of Abu Zubaydah. In response, AZ's lawyers…
Steven Kappes and Ibn Sheikh al-Libi
Jeff Stein has a long profile of Steven Kappes in the Washingtonian that challenges Kappes' reputation for competence. For example, he points out how Kappes tried to get Jeff Castelli--the guy in charge of the notoriously incompetent Abu Omar…
Government Admits Abu Zubaydah Suffered from Cognitive Impairment
Jason Leopold has made the full filing revealing the scope of the government's claims about Abu Zubaydah here. I'll be reading through it today, but I wanted to point to one more clear admission that would seem to undermine the claims the government…
Why DOJ Is Likely to Accept Vaughn Walker's Ruling
As I posted earlier, Judge Vaughn Walker ruled against the government in the al-Haramain case today. Basically, Walker ruled that al-Haramain had been illegally wiretapped and the case should move to settlement judgment (corrected per some lawyer).
But…
CCR Fights to Uphold Attorney-Client Privilege
So al-Haramain, at least for the moment, has won its case against the government. But there's an aspect of the case that often gets forgotten: al-Haramain argued not just that some of its employees were wiretapped, but that lawyers working for…
Breaking: Judge Walker Grants Summary Judgment Finding Gov't Liable Under FISA
Short version: al-Haramain wins!
Judge Walker just issued the following ruling in the al-Haramain case:
The court now determines that plaintiffs have submitted, consistent with FRCP 56(d), sufficient non-classified evidence to establish standing…
Chertoff's Fence
All this talk about Michael Chertoff's role in refusing CIA an advance declination for torture had gotten me wondering about the status of Chertoff's biggest policy initiative at the Department of Homeland Security: the fence along the Mexican…
Targeting al-Awlaki
There's actually what I think is a big scoop in this weird David Ignatius column on debates over whether we can target Anwar al-Awlaki. The scoop? The Yemeni government approached the US in October asking for help targeting al-Awlaki.
Last October,…
Eve Conant: Right Wing Terrorists Are Still "Ho Hum"
Newsweek's Eve Conant, in the guise of writing about progressive media, reviews several descriptions that consider the Hutaree militia a disturbing case of right wing domestic terrorism. She links to a Blue Texan post, quotes Rachel Maddow describing…
Our Torture Regime Based on Same Kinds of Lies and Bad Intell as the Iraq War
The third sentence of the Bybee Two Memo asserts Abu Zubaydah is "one of the highest ranking members of the al Qaeda terrorist organization."
You have asked for this Office's views on whether certain proposed conduct would violate the prohibition…
Steven Bradbury Didn't Disclose His Appendix M Opinion to Congress
As I posted a week ago, in April 2006 Steven Bradbury wrote one of the most egregious of all the egregious torture memos, one approving the new Army Field Manual, including its Appendix M laying out more intense interrogation methods. While…