85 posts tagged with Law by homunculus.
85 posts tagged with Law by homunculus.
Displaying 1 through 50 of 85.
The Interpreters We Left Behind. "As our troops pull out of Iraq and Afghanistan, we're abandoning fixers and translators to the dangerous countrymen who view them as traitors. Asylum in the U.S. could be their last hope. If only we'd let them in."
Twilight in the Box. "The suicide statistics, the squalor and the recidivism haven’t ended solitary confinement. Maybe the brain studies will." [Via]
60 Words And A War Without End: The Untold Story Of The Most Dangerous Sentence In U.S. History. "Written in the frenzied, emotional days after 9/11, the Authorization for the Use of Military Force was intended to give President Bush the ability to retaliate against whoever orchestrated the attacks. But more than 12 years later, this sentence remains the primary legal justification for nearly every covert operation around the world. Here’s how it came to be, and what it’s since come to mean." [Via]
Losing Aaron. "After his son was arrested for downloading files at MIT, Bob Swartz did everything in his power to save him. He couldn’t. Now he wants the institute to own up to its part in Aaron’s death." [Via]
Taken: The Use and Abuse of Civil Forfeiture. "Under civil forfeiture, Americans who haven’t been charged with wrongdoing can be stripped of their cash, cars, and even homes. Is that all we’re losing?" [Via]
Bradley Manning cleared of 'aiding the enemy' but guilty of most other charges. "Manning, the source of the massive WikiLeaks trove of secret disclosures, faces a possible maximum sentence of more than 130 years in military jail after he was convicted of most charges on which he stood trial." Transcripts from Bradley Manning's Trial. [more inside]
Twelve Absent Men: Rebuilding the American Jury. "Juries hear only 4 percent of criminal trials in America. Their decline has fostered radical punitiveness, but reforms and novel institutions are breathing new life into the jury and civic participation more broadly."
Forensic Topology. "In his 2003 memoir Where The Money Is: True Tales from the Bank Robbery Capital of the World, co-authored with Gordon Dillow, retired Special Agent William J. Rehder briefly suggests that the design of a city itself leads to and even instigates certain crimes—in Los Angeles’s case, bank robberies. Rehder points out that this sprawling metropolis of freeways and its innumerable nondescript banks is, in a sense, a bank robber’s paradise. Crime, we could say, is just another way to use the city."
The Secret History of Privacy. "Something creepy happened when mystery became secular, secrecy became a technology, and privacy became a right..." [Via]
The Permanent War (video). "This project, based on interviews with dozens of current and former national security officials, intelligence analysts and others, examines evolving U.S. counterterrorism policies and the practice of targeted killing." Part 1: Plan for hunting terrorists signals U.S. intends to keep adding names to kill lists. Part 2: A CIA veteran transforms U.S. counterterrorism policy. Part 3: Remote U.S. base at core of secret operations. [more inside]
Solitary in Iran Nearly Broke Me. Then I Went Inside America's Prisons. "We throw thousands of men in the hole for the books they read, the company they keep, the beliefs they hold. Here's why." An article on solitary confinement (previously) by Shane Bauer, one of the three American hikers who were detained in Iran in 2009 (previously).
My Guantánamo Nightmare. Lakhdar Boumediene was imprisoned at Guantanamo Bay for seven years without explanation or charge until his case made it to the Supreme Court, leading to a decision which bears his name and his release ordered by a federal judge. The NYTimes has his and another account from another former detainee: Notes From a Guantánamo Survivor. [Via]
Army vet with PTSD sought the treatment he needed by taking hostages – but got jail instead. "Fifteen months of carnage in Iraq had left the 29-year-old debilitated by post-traumatic stress disorder. But despite his doctor’s urgent recommendation, the Army failed to send him to a Warrior Transition Unit for help. The best the Department of Veterans Affairs could offer was 10-minute therapy sessions — via videoconference. So, early on Labor Day morning last year, after topping off a night of drinking with a handful of sleeping pills, Quinones barged into Fort Stewart’s hospital, forced his way to the third-floor psychiatric ward and held three soldiers hostage, demanding better mental health treatment." [Via] [more inside]
Is the SEC Covering Up Wall Street Crimes? "A whistleblower claims that over the past two decades, the agency has destroyed records of thousands of investigations, whitewashing the files of some of the nation's worst financial criminals."
The History of Torture—Why We Can't Give It Up. "Some 150 years ago, the West all but abandoned torture. It has returned with a vengeance." [Via]
The Secret History of Guns. "The Ku Klux Klan, Ronald Reagan, and, for most of its history, the NRA all worked to control guns. The Founding Fathers? They required gun ownership—and regulated it. And no group has more fiercely advocated the right to bear loaded weapons in public than the Black Panthers—the true pioneers of the modern pro-gun movement. In the battle over gun rights in America, both sides have distorted history and the law, and there’s no resolution in sight." [Via]
In Gitmo Opinion, Two Versions of Reality. "When Judge Henry Kennedy Jr. ordered the release of a Guantánamo Bay detainee last spring, the case appeared to be a routine setback for an Obama administration that has lost a string of such cases. But there turns out to be nothing ordinary about the habeas case brought by Uthman Abdul Rahim Mohammed Uthman, a Yemeni held without charges for nearly eight years. Uthman, accused by two U.S. administrations of being an al-Qaida fighter and bodyguard for Osama bin Laden, is among 48 detainees the Obama administration has deemed too dangerous to release but 'not feasible for prosecution.' A day after his March 16 order was filed on the court's electronic docket, Kennedy's opinion vanished. Weeks later, a new ruling appeared in its place. While it reached the same conclusion, eight pages of material had been removed, including key passages in which Kennedy dismantled the government's case against Uthman."
ACLU launches "Spyfiles" to track domestic surveillance. "The American Civil Liberties Union launched a new website Tuesday to track incidents of domestic political surveillance by the government along with a report (PDF) claiming such incidents have increased steadily since the September 11, 2001 terrorist attacks. According to the report there have been 111 incidents of illegal domestic political surveillance since 9/11 in 33 states and the District of Columbia. The website, Spyfiles, will serve as the ACLU's online home for all news and reports of domestic spying."
Court Affirms Ban on Aiding Groups Tied to Terror. "In a case pitting free speech against national security, the Supreme Court on Monday upheld a federal law (PDF) that makes it a crime to provide 'material support' to foreign terrorist organizations, even if the help takes the form of training for peacefully resolving conflicts."
Simon Singh: This is goodbye. Being sued for libel is not only ruinously expensive, writes Simon Singh, it takes over your whole life. Which is why this will be his last column. Previously.
DNA’s Dirty Little Secret: A forensic tool renowned for exonerating the innocent may actually be putting them in prison.
"Natural communities and ecosystems possess inalienable and fundamental rights to exist, flourish and naturally evolve..."
NSA E-Mail Surveillance Renews Concerns in Congress. "Since April, when it was disclosed that the intercepts of some private communications of Americans went beyond legal limits in late 2008 and early 2009, several Congressional committees have been investigating. Those inquiries have led to concerns in Congress about the agency’s ability to collect and read domestic e-mail messages of Americans on a widespread basis, officials said. Supporting that conclusion is the account of a former N.S.A. analyst who, in a series of interviews, described being trained in 2005 for a program in which the agency routinely examined large volumes of Americans’ e-mail messages without court warrants. Two intelligence officials confirmed that the program was still in operation." [Via]
The SSD Project. "The Electronic Frontier Foundation (EFF) has created this Surveillance Self-Defense site to educate the American public about the law and technology of government surveillance in the United States, providing the information and tools necessary to evaluate the threat of surveillance and take appropriate steps to defend against it." [Via]
Bringing Justice to the War on Terrorism. 3 views on how the incoming administration should deal with the legal legacy of Bush Administration policies like torture, surveillance, and extraordinary rendition. Charles Fried makes the case against criminal prosecutions, Dahlia Lithwick makes the case for investigations followed by prosecutions, and Jack Balkin argues for truth commissions. [Via]
Tortured Reasoning. "George W. Bush defended harsh interrogations by pointing to intelligence breakthroughs, but a surprising number of counterterrorist officials say that, apart from being wrong, torture just doesn’t work. Delving into two high-profile cases, the author exposes the tactical costs of prisoner abuse."
The Fed Who Blew the Whistle: Is he a hero or a criminal? Three years after the New York Times first revealed the NSA's warrantless wiretapping program, whistleblower Thomas Tamm has acknowledged his role in making it public. [Via]
"Torturing Democracy" is a new documentary which details how the government set aside the rule of law in its pursuit of harsh interrogations of suspected terrorists. You can watch it online or on some PBS affiliates, but PBS won't run it nationally until January 21, 2009. Scott Horton suspects that may be because PBS is afraid of political retaliation. [Via]
The Stakes, 2008. Eight of the Washington Monthly's contributing editors "consider the looming challenges that America is likely to face—in the economy, education, the courts, and other areas—during an Obama or McCain presidency, and how, based on what we know about the two men, they are likely to handle them." [more inside]
When Judges Make Foreign Policy. "In a globalized, post-9/11 age, decisions made by the Supreme Court are increasingly shaping America's international relations. When the next justice is appointed, our place in the world may well hang in the balance."
Psychology Group Changes Policy on Interrogations. The American Psychological Association has adopted a measure prohibiting its members from participating in interrogations of terrorism suspects at Guantanamo Bay and other military prisons where detainees have been tortured (previously). [Via Paper Chase]
Presidential Crimes: Moving on is not an option. "In deciding about legal redress, we need to be clear about the large stakes in our decision. The very multiplicity of the apparent crimes, the sheer array of arguably broken laws, is dizzying. But that multiplicity must be faced, for in it we will see that what got in President Bush’s way was not any one law but the rule of law itself. It is the rule of law that has been put in jeopardy by a project of executive domination; it is the rule of law that will continue to be in peril; and it is only, therefore, by addressing the crimes through legal instruments—through a formal, legal arena, and not simply through the electoral repudiation of bad policy—that the grave and widespread damage stands a chance of being repaired."
Gen. Vang Pao’s Last War. "The U.S. government relied on Vang Pao and his Hmong soldiers to battle Communism in the jungles of Laos. Why is the Justice Department now calling him a terrorist?" [more inside]
State Secrets: A government misstep in a wiretapping case. A New Yorker article on the Kafkaesque case of Al Haramain v. Bush. [Via Threat Level.] [more inside]
Biomaterial charges against N.Y. art professor dismissed. A judge has thrown out the charges against Steve Kurtz. Finally. Kurtz's case was previously discussed here and here. [Via]
Monsanto’s Harvest of Fear. "Monsanto already dominates America’s food chain with its genetically modified seeds. Now it has targeted milk production. Just as frightening as the corporation’s tactics–ruthless legal battles against small farmers–is its decades-long history of toxic contamination."
ACLU Watch List Counter: U.S. Terror List Now Exceeds 900,000 Names. That's an awful lot of terrorists. More Privacy and Surveillance Filter: Bruce Schneier on The Myth of the 'Transparent Society', Glenn Greenwald on The Banality of the Surveillance State, and Stephen Colbert on AT & Treason. [more inside]
"The Billboard Liberation Front today announced a major new advertising improvement campaign executed on behalf of clients AT&T and the National Security Agency. Focusing on billboards in the San Francisco area, this improvement action is designed to promote and celebrate the innovative collaboration of these two global communications giants." [Via Threat Level.]
The FBI Deputizes Business. "Today, more than 23,000 representatives of private industry are working quietly with the FBI and the Department of Homeland Security. The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does—and, at least on one occasion, before elected officials. In return, they provide information to the government, which alarms the ACLU. But there may be more to it than that. One business executive, who showed me his InfraGard card, told me they have permission to 'shoot to kill' in the event of martial law."
Up Against Big Brother: "For 18 years the Electronic Frontier Foundation has fought for the rights of ordinary Americans in cyberspace. Now it’s stepped into the limelight with a legal challenge to warrantless surveillance." [Via Boing Boing.]
Wael Abbas is an Egyptian blogger and anti-torture activist who recently won a journalism award for his documenting police brutality in Egypt, which led to the conviction of two police officers. In Egypt, blogging can get you arrested, and Abbas has taken enormous risks. But now YouTube has removed his videos and suspended his account after receiving complaints (possibly from the Egyptian government) about their graphic content, and Yahoo has disabled his email account. Evidently YouTube is not the ally human rights advocates had hoped it would be.
Robin Prosser was a former concert pianist and systems analyst who suffered from an autoimmune disease similar to lupus for over 20 years. The disease left her in constant pain and made her allergic to most pharmaceutical painkillers. Only medical marijuana brought her relief, but last spring the DEA seized her medicine. Unable to cope with the chronic pain any longer, she committed suicide on October 18th. [Via Andrew Sullivan.]
The man who knew too much. "He was the CIA's expert on Pakistan's nuclear secrets, but Rich Barlow was thrown out and disgraced when he blew the whistle on a US cover-up. Now he's to have his day in court."
The Erosion of a Murder Case Against Marines in the Killing of 24 Iraqi Civilians. "Last year, when accounts of the killing of 24 Iraqis in Haditha by a group of marines came to light, it seemed that the Iraq war had produced its defining atrocity, just as the conflict in Vietnam had spawned the My Lai massacre a generation ago. But on Thursday, a senior military investigator recommended dropping murder charges against the ranking enlisted marine accused in the 2005 killings, just as he had done earlier in the cases of two other marines charged in the case. The recommendation may well have ended prosecutors’ chances of winning any murder convictions in the killings of the apparently unarmed men, women and children." [Via The Agonist.]
Surveillance Society Clock. "It's six minutes before midnight as a surveillance society draws near within the United States." [Via Danger Room.]
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