Recent Posts

The WSJ Editorial Page takes UN Ambassador Susan Rice to task for claiming that the recent UN Security Council "presidential statement" is legally binding on North Korea.  Here is Rice's full statement on this point, I believe. Reporter: Ambassador, there seems to be some debate as to whether there’s any legally binding items in this presidential statement. We talked to one...

TNR discusses here the circumstances of last Friday's intervention by Palestinian doctor Ashraf El Hagog as a representative of UN Watch.  The Chair of the then-Prep Com, who has since been elected chair of the Durban II conference, is Najjat al-Hajjaji, representing the government of Libya. Readers might recall that Hagog, along with a group of Bulgarian nurses was...

Yeah, this is much better: On Sunday, Rahm Emanuel, the White House chief of staff, said on the ABC News program “This Week” that “those who devised policy” also “should not be prosecuted.” But administration officials said Monday that Mr. Emanuel had meant the officials who ordered the policies carried out, not the lawyers who provided the legal rationale. I'm dubious that...

Still holding out hope that the Obama administration will prosecute the architects of the torture regime?  Stop: The Obama administration opposes any effort to prosecute those in the Justice Department who drafted legal memos authorizing harsh interrogations at secret CIA prisons, White House chief of staff Rahm Emanuel said yesterday. Some analysts and lawmakers have called for investigations and possible prosecution of...

Words of wisdom from Tommy Crocker at The Faculty Lounge: Comments today by Gen. Michael Hayden make clear a further reason why the Obama Administration should name a special prosecutor to investigate potential war crimes in light of everything we know, and have recently learned, about CIA interrogations of "high value al Qaeda detainees."  Gen. Hayden has played a vocal role...

In today's Washington Post, Curtis Bradley and Jack Goldsmith have an editorial attacking the recent refusal of a federal judge to grant a motion to dismiss in Khulumani v. Barclays National Bank Ltd, the ATS lawsuit brought by victims of apartheid against 23 corporations who did business with the South African government during the apartheid era.  It's a remarkably unpersuasive...

More evidence that the CIA interrogators did not rely in good faith on the OLC memos: Bradbury's 30 May 2005 memo acknowledges (p. 37) that the CIA Inspector General's report found that the CIA waterboarded Khalid Sheikh Mohammed 183 times in March 2003 and Abu Zubaydah 83 times in August 2002.  That regime far surpasses the CIA's own internal guidelines...