FBI Re-Emphasizes Law Enforcement Role

Earlier this month, Foreign Policy reported that the FBI had made a controversial decision to drop the term “law enforcement” from its official fact sheet in favor of “national security.” The terms were in reference to the primary functions of the FBI. After facing swift backlash, the FBI has once again revised the fact sheet to include both terms. Continue reading

Benghazi Review Demonstrates the Transparency Promised by the Obama Administration

Earlier this morning, I posted briefly on the Benghazi report issued yesterday by the Senate Intelligence Committee (the report itself was approved about a month ago, but was only declassified yesterday). Several news outlets, including The New York Times, have pointed out that the report is “broadly consistent with the findings of previous inquiries into the attack on Sept. 11, 2012.” Continue reading

FISC Reopens NSA Phone Surveillance Program

Despite the public’s hopes that the NSA’s telephone surveillance program would be deemed unconstitutional, the Federal Intelligence Surveillance Court (FISC) recently gave the Agency the go-ahead to continue collecting and analyzing millions of Americans’ private phone records. However, the extension may only be temporary as the FISC only granted the NSA three more months of surveillance. Continue reading

Secret Periodic Review Board Hearings Limit Transparency at Guantanamo Bay Detention Center

This week, the Pentagon began notifying would-be observers of the first Guantanamo Periodic Review Board hearing, scheduled for November 20th, that the hearing (and all subsequent hearings) will be held in secret. The announcement highlights the challenges government officials face as they try to balance their commitment to transparency with the perceived national security risks associated with public hearings. Given the amount of classified information addressed in these hearings, it is impossible for the government to ever achieve true transparency throughout this process, leaving the public to question whether our country’s purported commitment to justice is being upheld at Guantanamo. Continue reading

Posner Argues Foreigners Have No Right to Privacy From U.S. Surveillance

Prominent legal scholar Eric Posner argued on Slate this past week that foreigners should have no right to privacy from NSA surveillance. In an article entitled “Keep Spying on Foreigners, NSA”, Posner writes “They have no right to privacy from US surveillance- and they shouldn’t.” He argues that there will never be an international digital right to privacy (as Germany has proposed), because it “makes no sense.”  Continue reading

Outrage Fatigue: The Danger of Getting Used to GTMO

Seton Hall University School of Law Professor and noted expert in national security issues Jonathan Hafetz was published yesterday in the World Politics Review. His article, Outrage Fatigue: The Danger of Getting Used to GTMO, discusses the status of GTMO throughout Obama’s tenure as President.  Continue reading

Re-visiting Mefloquine Use at Guantanamo: A Guest Post by Dr. Remington Nevin

Dr. Remington Nevin is a consulting physician epidemiologist board certified in Public Health and General Preventive Medicine by the American Board of Preventive Medicine. Dr. Nevin specializes in the evaluation and diagnosis of adverse reactions to antimalarial medications, particularly the neurotoxic quinoline derivative mefloquine. A long-time advisor to the Center for Policy & Research, he advised us on our report exploring the government’s use of mefloquine at Guantanamo, Drug Abuse: An Exploration of the Government’s Use of Mefloquine at Guantanamo. Continue reading

Dispatch from Guantanamo Bay: US v. Mohammed

“It’s a Mixture of Kafka, Machiavelli, Catch 22, and George Orwell’s 1984.  It just depends on the day” – Major Jason Wright Defense Counsel for K.S.M.

            Last week, I had the opportunity to travel to Guantanamo from October 22nd through 25th to observe the Military Commission proceedings for United States v. Khalid Sheikh Mohammed et. al. Perhaps the most appropriate word to describe my observations is frustration.  Regularly during the week, the observable liberties afforded to each of the accused, including prayer time in the courtroom, freedom of attire, and remaining unshackled were only contradicted by the accusations of intentional sleep deprivation, confiscated attorney-client privileged material, and force-feeding. Furthermore, the interpretation of the Military Commissions’ rules and their applications were consistently debated, particularly with regards to how they should be implemented when other laws, such as international laws, hold inconsistent stances. Continue reading

Libyan Terror Suspect al-Liby Transferred to United States: Medical Reasons, or PR Damage Control?

The United States announced yesterday that Libyan terror suspect Abu Anas al-Liby (also known as Nazih al-Ragye) has been transferred to the United States after being held and interrogated aboard a U.S. Navy ship since his capture in Tripoli on October 5th. He is being held as a suspect in the 1998 bombings of the U.S. embassies in Kenya and Tanzania which killed 224 civilians. A criminal indictment was filed against him in 2001 for his suspected involvement in the embassy bombings, but he has evaded capture for over a decade. Continue reading

A Week at Guantanamo Bay

In August of 2013 I had the opportunity to travel to Guantanamo Bay to represent Seton Hall Law’s Center for Policy and Research as an NGO observer at the 9/11 trials.  In particular, I was able to watch one of many pretrial hearings in the case of the United States v. Mohammed, in which Khalid Sheikh Mohammed (KSM), Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali (AKA al-Baluchi), and Mustafa Ahmed Adam al Hawsawi are named as defendants.  The five detainees are accused of plotting the 9/11 attacks that lead to the deaths of nearly 3,000 people in New York, Virginia, and Pennsylvania.

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