Among many administration doings on the human rights front this week, the Senate this week voted to confirm Mike Posner as Assistant U.S. Secretary of State for Democracy, Human Rights and Labor. Mike had served as executive director at Human Rights First (formerly the Lawyers Committee for Human Rights) for decades since its founding, and is as steeped as...
As usual, Laura Rozen (now at Politico) is on top of the latest international law news at Foggy Bottom. Columbia Law Professor Sarah Cleveland has been appointed Counselor on International Law in the office of State Department Legal Advisor Harold Koh. According to an email circulated by the school's dean announcing the appointment, Cleveland will "help develop the State Department's...
Cross-posted at Balkinization I was all set to zone out this vacation when we happened to stroll past an SUV featuring one bumper sticker (among others) announcing: “Waterboarding: Keep it safe, legal and rare.” Nothing like a little vacation motivation to make me peruse (at an admittedly slower pace) the wave of old OLC memos that came along with the...
Cross-posted at Balkinization UPDATE: The long-awaited report by the CIA Inspector General completed in 2004 and kept secret since has now been released by the Administration. The memos former Vice President Cheney says demonstrate the efficacy of torture in eliciting information are also now available. Note the Cheney memos are heavily, heavily redacted and it is impossible to tell...
Controversy continues to surround John Yoo and the memos he wrote while a Justice Department lawyer that were used as the legal basis for torture in U.S. interrogation operations. Under the circumstances, I thought it appropriate to reprint here an email recently circulated to UC Berkeley faculty, administration and students by Dean Christopher Edley of Berkeley Law School. (Happy to...
Cross-Posted at Balkinization Following my testimony last month to the Senate Judiciary Committee’s Subcommittee on Terrorism and Homeland Security on military commissions and the like, Senator Kyl (R-AZ) was kind enough to send along some follow-up questions to answer. His first follow-up question was one of the same as one he’d posed in the hearing itself: What if any empirical...
Although this is pretty far from my usual focus, I've been interested to see the August D.C. doldrums filled in part with an interesting emerging discussion of what happens next with the U.S. and the International Criminal Court (ICC). Secretary of State Hillary Clinton expressed her "great regret" in Kenya last week that the United States hadn't yet ratified the...
Cross-posted at Balkinization UPDATE: Thanks to "Anon" in comments for sending along a link to the engrossed text of the military commissions bill passed by the Senate last week. I really hate to interrupt this great discussion about Kal's even greater book, and hope to get into it myself before week's out. In the meantime, I thought it worth noting that...
Cross-posted at Balkinization UPDATE: The task force's interim report is here. A related protocol on how cases to be prosecuted will be handled is here. Thanks SCOTUSblog. Among the many stories out today about the Administration’s decision to postpone the final reports of its task forces on detention and interrogation policy, Isikoff’s in Newsweek and Gerstein’s in Politico seem to...
Lest anyone think last week’s pair of hearings were Congress’ last word on the question of military commission trials, the House Armed Services Committee has already scheduled it own hearing on reforming the Military Commissions Act. The July 16 witness list features the head lawyer from each of the armed services (Army, Navy, Air Force, Marines). Also, in keeping...
[Cross-posted at Balkinization] While Congress has held two lengthy hearings this week ostensibly on the use of military commissions to try detainees for war crimes, the only item that seems to be getting any significant play is this statement by Pentagon General Counsel Jeh Johnson regarding the administration’s view on its authority to hold detainees even if they are ultimately acquitted...
Next week looks to be a busy one on Capitol Hill. As the Obama Administration Task Force on Detention nears its initial July 21 reporting deadline, both the House Judiciary and Senate Armed Services Committees will be holding hearings on a closely related topic: legal issues surrounding the use of military commissions to try offenses against the law of war....
