Amos Guiora has a link at National Security Advisors for his new article of domestic terror courts. He writes in his abstract: President Barack Obama has stated that among his initial priorities as commander-in-chief is closing the United States detention facility in Guantanamo Bay. One of his first actions after taking office was to suspend all legal proceedings in Guantanamo so that “the...
I spent the past two days at an excellent conference organized by Ben Wittes - we discussed his book Law and the Long War (which I see you can get for the bargain price of $6.99 on Amazon) here at OJ when it came out - on ways in which Congress should legislate the future of US counterterrorism. It was...
With a few obvious exceptions, I try to avoid directly criticizing scholars with whom I disagree. But I feel compelled to say a few words about a recent Jurist editorial in which a professor, a former Army JAG (a group for whom I have the utmost respect), argues that waterboarding is not torture. (It also argues that a CIA interrogator...
You have got to be kidding: John Yoo has written freelance commentaries for The Inquirer since 2005, however he entered into a contract to write a monthly column in late 2008. I won’t discuss the compensation of anyone who writes for us. Of course, we know more about Mr. Yoo’s actions in the Justice Department now than we did at the...
Last week, I blogged about my recent symposium contribution, examining what role the Executive plays in U.S. state agreements with foreign governments, whether national or sub-national in character. Since then, I've posted a much bigger piece that's forthcoming in the Texas Law Review -- Unpacking the Compact Clause (you can download it here). Building on my earlier work, this article examines actual...
I rarely have reason to criticize the ACLU, so I feel obligated to respond to Anthony Romero's statement concerning the possibility that Obama's revamped military commissions would continue to admit hearsay under certain circumstances: Romero said allowing hearsay in any U.S. courtroom [would be] a "greater travesty than Bush administration justice." I doubt that any amount of revamping would fix the basic...
I was intrigued by Julian's post on Andrew McCarthy's latest screed for National Review Online, so I read what McCarthy had to say. His argument boils down to this: (1) the Obama administration argues in Demjanjuk that torture is a specific-intent crime; (2) Yoo and Bybee argued in the infamous OLC memos that torture is a specific-intent crime; (3) the...
I've just posted a piece I did for Peggy's (great) Missouri v. Holland conference last year, entitled The Elusive Foreign Compact. Granted I'm weeks (if not months) behind other participants in getting my contribution posted (see, e.g., here and here). Hopefully, however, this is a case of better late than never. For those who might be interested, here's the abstract: This symposium essay identifies...
Invoking the legacy of Nuremberg, Sen. Chris Dodd (D-CT) came out yesterday in support of prosecuting members of the Bush administration responsible for waterboarding. His position on prosecutions is interesting in its own right, but I want to use his comments for a different purpose -- to plug a collection of letters that his father, Thomas Dodd, wrote to his...
The "beautiful game" is what Pele calls soccer (yes, I know, "football" to the rest of the world besides the US). On April 25th, diplomats from the UN, including the Secretary-General, set aside the great game of diplomacy to play a game of soccer at New York's Chelsea Piers to support the non-governmental organization Play31. Play31's website explains that: Play31 was...
It has gone all but unnoticed in the U.S. but Russia has declared victory in its fight against Chechen rebels. Chechnya had become a byword for a place of chaos and random violence perpetrated by all sides, especially since the first Chechen War of 1994-1996. But a recent report by the Times of London concerning Russian black operations in the...
William Ranney Levi's paper on interrogation techniques, Interrogation's Law, is forthcoming in Yale Law Journal, but is up at SSRN. Here is the abstract: Conventional wisdom states that recent U.S. authorization of coercive interrogation techniques, and the legal decisions that sanctioned them, constitute a dramatic break with the past. This is false. U.S. interrogation policy well prior to 9/11 has allowed...
