The New York Times has the story today: Defense Secretary Robert M. Gates is expected to soon lift an order blocking the initiation of new cases against detainees, which he imposed on the day of President Obama’s inauguration. That would clear the way for tribunal officials, for the first time under the Obama administration, to initiate new charges ...
As the U.S. government continues to try to shut down WikiLeaks -- preferably, it seems, without having to actually charge Assange or the website with an actual crime -- it's important not to forget how much we've learned through WikiLeaks' efforts. Here is a (partial) list created by Greg Mitchell, who has been keeping a daily log of all things...
Last week I noted the remarkable spectacle of the Guardian publishing an editorial that blamed WikiLeaks for releasing a State Department cable that had, in fact, been initially released by the Guardian itself. At the time, my evidence of that fact was circumstantial, based on the time-dates provided by the Guardian and WikiLeaks websites. But no longer -- eight days...
The Guardian published an editorial by a Republican political operative today blaming WikiLeaks for releasing a State Department cable concerning a meeting between Tsvangirai and Susan Rice in which Tsvangirai discussed the possibility of peacefully removing Mugabe from power: Now, in the wake of the WikiLeaks' release, one of the men targeted by US and EU travel and asset freezes, Mugabe's...
Today at Lawfare: If DOJ tries to prosecute Assange, we will see more and more scrutiny of double standards in the treatment of traditional media leak solicitors (NYT etc.) v. Assange, and of double standards in the treatment of high-level U.S. government leakers v. Assange. Scrutiny of the first double standard will weaken press freedoms as the...
Samuel Witten is counsel at the law firm Arnold & Porter LLP. He worked at the State Department for 22 years, including six years as Deputy Legal Adviser (2001-2007) and three years as Principal Deputy Assistant Secretary of State for Population, Refugees and Migration (2007-2010). The world’s attention has been riveted on the potential foreign policy implications of the recent...
Ben describes as "puzzling" my claim that his recent post on WikiLeaks reflects American exceptionalism. I find his puzzlement equally puzzling. Recall the quote on which I focused: This, in turn, leads ineluctibly to Tom’s reciprocity point: If Congress can make such a demand on Assange, the U.S. would be in a bad position to object if the Congress of People’s Deputies...
David Glazier is a Professor of Law at Loyola Law School in Los Angeles. He has written, under the same title as this post, a paper critiquing U.S. military commissions which you can download from SSRN here. As the Senate considers an outright ban on the transfer of detainees from Guantánamo to the United States this week, it seems obvious that...
Courtesy of Ben Wittes at Lawfare, responding to a question about whether he believes that, if America should be permitted to prosecute a non-American like Assange for disclosing American secrets, countries like France, China, or Iran should be able to prosecute Americans for disclosing their secrets (my emphasis): This, in turn, leads ineluctibly to Tom’s reciprocity point: If Congress can make...
A coalition of 26 of Australia's most prominent journalists -- essentially, the editors of every major newspaper (with the exception of the right-wing The Australian) and the news directors of all the major networks -- have written a remarkable open letter to Julia Gillard criticizing the U.S. (and Australian) government's attacks on WikiLeaks and threats to prosecute Assange. Here is...
Jack Goldsmith and I don't agree with each other very often, so it's worth noting that we have essentially the same reaction to WikiLeaks. From Lawfare today: I find myself agreeing with those who think Assange is being unduly vilified. I certainly do not support or like his disclosure of secrets that harm U.S. national security or foreign...
I hope to have more to say in the next few days about Judge Bates' completely predictable decision to dismiss the ACLU/CCR lawsuit. I just want to flag here what is the most obvious problem with it. Judge Bates claims -- clearly trying to insulate himself from criticism -- that Contrary to plaintiff’s assertion, in holding that the political question...
