The Secret History: Can Leon Panetta move the C.I.A. forward without confronting its past?
posted by homunculus on Jun 14, 2009 - 42 comments

Distinguished Professor of Law and the director of the Center for Terrorism Law at St. Mary’s University School of Law, Jeffrey Addicott, tells The Jurist: "Even the worst of the CIA techniques that were authorized – waterboarding - would not constitute torture."
posted by Marisa Stole the Precious Thing on May 28, 2009 - 112 comments

The Obama administration has repeatedly threatened to conceal future information of terrorist threats from the British government, unless the British government disobeys the High Court ruling requiring them to release information about the US government's acknowledged torture program. This may be a breach of the Convention Against Torture. Glenn Greenwald has new evidence. Previously.
posted by East Manitoba Regional Junior Kabaddi Champion '94 on May 12, 2009 - 282 comments

Awakening on a mattress atop a wooden slab, the bare walls of your 7' x 12' cell come into focus, illuminated by the constant glare of an overhead light. Through the narrow window in the back of your cell, you can peer out into the prison yard. In the window in the reinforced steel door, you can catch an occasional glimpse of a prison guard as they bring your meals, usually the only interruption of the silence and isolation that pervade your living conditions. Those walls are the boundaries of your world for 23 hours a day in the Departmental Disciplinary Unit-- the supermax prison maintained in Walpole, Massachusetts, one of dozens of such institutions currently operated in the United States, in spite of growing outcry based on human rights violations. [more inside]
posted by Law Talkin' Guy on Feb 15, 2009 - 94 comments

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]
posted by homunculus on Jan 11, 2009 - 80 comments

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."
posted by homunculus on Dec 18, 2008 - 82 comments

"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]
posted by homunculus on Oct 16, 2008 - 23 comments

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]
posted by homunculus on Sep 20, 2008 - 36 comments

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."
posted by homunculus on Sep 8, 2008 - 96 comments

Al Odah v. U.S. and Boumediene v. Bush go before SCOTUS Streaming on C-Span today. The Center for Constitutional Rights (great podcast) will argue before the Supreme Court today:

Immediately after the Supreme Court’s decision in Rasul, The Center for Constitutional Rights and cooperating counsel filed 11 new habeas petitions in the United States District Court for the District of Columbia on behalf of over 70 detainees. These cases eventually became the consolidated cases of Al Odah v. United Statesand Boumediene v. Bush, the leading cases determining the significance of the Supreme Court’s decision in Rasul, the rights of non-citizens to challenge the legality of their detention in an offshore U.S. military base, and the constitutionality of the Military Commissions Act of 2006.

posted by ao4047 on Dec 5, 2007 - 29 comments

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.
posted by homunculus on Nov 29, 2007 - 16 comments

A verdict on Padilla – and the US. [More inside.]
posted by homunculus on Aug 16, 2007 - 91 comments

Rorschach and Awe. "America's coercive interrogation methods were reverse-engineered by two C.I.A. psychologists who had spent their careers training U.S. soldiers to endure Communist-style torture techniques. The spread of these tactics was fueled by a myth about a critical 'black site' operation."
posted by homunculus on Jul 31, 2007 - 57 comments

"Is any jury going to convict Jack Bauer? I don't think so. So the question is really whether we believe in these absolutes. And ought we believe in these absolutes. ... I don't care about holding people. I really don't." Justice Scalia on 24 and torture. 24 and torture previously.
posted by ibmcginty on Jun 19, 2007 - 94 comments

Stories from Inside: Prisoner Rape and the War on Drugs (PDF). A new report by the human rights group Stop Prisoner Rape. [Via Drug WarRant.]
posted by homunculus on Mar 23, 2007 - 61 comments

Window Into a Terror Suspect’s Isolation. American citizen and enemy combatant Jose Padilla gets a root canal. [Via Hullabaloo.]
posted by homunculus on Dec 4, 2006 - 41 comments

Habeas Corpus, R.I.P. (1215 - 2006). It was so pre-9/11 anyway. Instead we may get "our generation’s version of the Alien and Sedition Acts." What could go wrong?
posted by homunculus on Sep 28, 2006 - 156 comments

Abu Ali guilty of terror plot. A Virginia jury has found Ahmed Omar Abu Ali guilty of terrorism related crimes. The prosecution charged he provided material support to Al Qaeda (pdf). His defenders claim his confession while in Saudi custody was obtained through torture. Does the goal of preventing terrorism justify relying on the Saudi's questionable interrogation methods?
posted by justkevin on Nov 22, 2005 - 11 comments

"We do not torture" (Bush, Nov. 7)
In an important clarification of President George W. Bush's earlier statement, a top White House official refused to unequivocally rule out the use of torture... (Hadley, Nov. 13) -- The fate of a House provision to ban the torture of prisoners in U.S. custody is in doubt, strongly opposed by the Administration. And don't call it torture: the preferred talking point wording is now enhanced interrogation techniques.
posted by amberglow on Nov 14, 2005 - 109 comments

Sanchez Perjury Proof ? That depends on the meaning of "never" Mainstream media once again caught with pants down as blogger citizen-journalist notes apparent perjury by Gen. Sanchez during testimony before the US Congress concerning whether he authorized torture or not. The Globe and Mail noticed the ACLU release of a FOIA-obtained memo showing that Sanchez did in fact authorize torture, but the implication of perjury seems to have escaped MSM notice, to be pointed out by a blogger Metafilter's own citizen journalist Mark Kraft, who declares : "Sanchez is clearly guilty of perjury, and should face the wrath of Congress... and the Senate should determine the guilt of his boss, Donald Rumsfeld, while they're at it."

The case all hinges on the meaning of the word "never" which - rumor holds - is much more flexible in Sanchez' native "Never-never Land" where - as with the rumored numerous Eskimo terms for different kinds of snow - denizens of that realm have many different meanings for "never", some of which in fact mean "sometimes" or "occasionally" !
posted by troutfishing on Mar 30, 2005 - 62 comments

Another Fan Of Torture Reveals Himself Eugene Volokh, a former clerk to Justice O'Connor and a leading voice in conservative legal circles has some interesting opinions on punishment:

[T]hough for many instances I would prefer less painful forms of execution, I am especially pleased that the killing — and, yes, I am happy to call it a killing, a perfectly proper term for a perfectly proper act — was a slow throttling, and was preceded by a flogging. The one thing that troubles me (besides the fact that the murderer could only be killed once) is that the accomplice was sentenced to only 15 years in prison, but perhaps there's a good explanation.
posted by expriest on Mar 17, 2005 - 84 comments

Links to the government memoranda on torture and the Geneva Convention can be found here (sign-up required) or else through the "featured link" on www.c-span.org. While Alberto Gonzales will probably be confirmed as Attorney General, the memoranda were the subject of some stinging testimony by such heavy-hitters as Harold Koh, dean of Yale Law School, at the end of today's confirmation hearing.
posted by klazmataz on Jan 6, 2005 - 20 comments

LAWs instructions for starting criminal procedures against Bush Today in Vancouver, Lawyers Against the War filed torture charges against George W. Bush under the Canadian Criminal Code. The charges were laid by Gail Davidson, co-chair of Lawyers against the War--LAW, under provisions enacted pursuant to the U.N. Torture Convention, ratified by both Canada and the United States. The charges concern the well known abuses of prisoners held by US Armed Forces in the Abu Ghraib prison in Iraq and the Guantanamo Bay prison in Cuba. The charges were accepted by the Justice of the Peace and referred for a hearing to decide whether Bush should be required to appear for trial. The Attorney General of Canada's consent is required within eight days for proceedings to continue, and the question of Bush's diplomatic immunity will have to be resolved by the court.
posted by sunexplodes on Dec 1, 2004 - 66 comments