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78 Articles and Resources. Go to:  [Next 28]

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Feb 04, 2013 Justice Department memo reveals legal case for drone strikes on Americans

QUOTE: A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S. The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens

NBC News
May 29, 2012 Published mug shots: A constant reminder of one man's past

QUOTE: mug shots, which are public record, from sheriffs and local police departments, who hand over the information with the names listed in alphabetical order, detailing the criminal charges...."They are using a person's image for commercial gain without their permission," said Singh-Grover. "To me, its extortion, maybe not legally, but the common use of that term."

CNN (Cable News Network)
May 04, 2012 Using NYPD Warrant Squads to Monitor Protesters May Violate Constitution: Experts

QUOTE: Executing old warrants -- no matter how minor -- is legal. But legal experts say the tactic becomes illegal if it is done solely to investigate political activity.

WNYC
Jan 07, 2012 My Guantánamo Nightmare (OPINION)

QUOTE: Some American politicians say that people at Guantánamo are terrorists, but I have never been a terrorist. Had I been brought before a court when I was seized, my children’s lives would not have been torn apart, and my family would not have been thrown into poverty. It was only after the United States Supreme Court ordered the government to defend its actions before a federal judge that I was finally able to clear my name and be with them again.

New York Times
Oct 25, 2011 Death of U.S. teenager in drone strike stokes debate

QUOTE: 'Proportionality' is at the heart of the argument....is it acceptable in law to carry out an attack against an identified terrorist suspect where others in his immediate vicinity - whose identities are unknown - are likely to be killed or injured?...

CNN (Cable News Network)
Jul 05, 2011 U.S. to Prosecute a Somali Suspect in Civilian Court

QUOTE: The Obama administration announced Tuesday that it would prosecute in civilian court a Somali accused of ties to two Islamist militant groups. The decision to fly the man to New York for trial, after interrogating him for months aboard a United States naval vessel, is likely to reignite debate about the detention and prosecution of terrorism suspects.

New York Times
May 21, 2010 Detainees Barred From Access to U.S. Courts

QUOTE: A federal appeals court ruled Friday that three men who had been detained by the United States military for years without trial in Afghanistan had no recourse to American courts. The decision was a broad victory for the Obama administration in its efforts to hold terrorism suspects overseas for indefinite periods without judicial oversight.

New York Times
Apr 21, 2010 Secret Baghdad Jail Held Sunnis From the North

QUOTE: An Iraqi security force under Prime Minister Nuri Kamal al-Maliki’s direct command held hundreds of detainees from northern Iraq in an undisclosed prison in Baghdad, torturing dozens of them, until the country’s human rights minister and the United States intervened late last month...

New York Times
Feb 25, 2010 Supreme Court rules that request for lawyer in questioning has expiration

QUOTE: A suspect's request that a lawyer be present before submitting to police questioning does not last forever, the Supreme Court ruled Wednesday. In fact, 14 days is long enough for police to wait before taking the alleged perpetrator into custody again and attempting another interrogation.

Washington Post
Oct 20, 2009 Dead Law Walking: Why are New York cops arresting gay people on charges ruled unconstitutional 26 years ago?

QUOTE: n the 26 years since, on thousands of occasions, the New York Police Department has continued to enforce the defunct law [which made hitting on people in a public place a crime], historically used to target gay people.

Slate
Sep 13, 2009 In Iraq's prisons, a culture of abuse

QUOTE: ...Iraq's national detention system as a whole has been harshly criticized by Western human rights organizations.

Christian Science Monitor
Aug 24, 2009 Holder to Appoint Prosecutor to Investigate CIA Terror Interrogations

QUOTE: Attorney General Eric H. Holder Jr. has decided to appoint a prosecutor to examine nearly a dozen cases in which CIA interrogators and contractors may have violated anti-torture laws and other statutes when they allegedly threatened terrorism suspects...

Washington Post
Aug 12, 2009 A Window Into C.I.A.’s Embrace of Secret Jails ("Interrogation Inc. part 2 of 2)

QUOTE: The existence of the network of prisons to detain and interrogate senior operatives of Al Qaeda has long been known, but details about them have been a closely guarded secret... [The former European supply chief for the C.I.A. Kyle D. Foggo] Mr. Foggo acknowledged a role, which has never been previously reported.

New York Times
Aug 10, 2009 As Dubai's Glitter Fades, Foreigners See Dark Side: More Jailings, Prosecutions Follow Downturn

QUOTE: Dubai is still far more free and more predictable than most of its neighbors, but a chill has taken hold as property values tumble, jobs vanish and businessmen are detained.

Washington Post
Aug 06, 2009 Unjust and ineffective: Sex laws

QUOTE: Many people assume that anyone listed on a sex-offender registry must be a rapist or a child molester. But most states spread the net much more widely

Economist
Jul 31, 2009 U.S. Criticized for Extraditing Minor Colombian Drug Suspects

QUOTE: A range of critics -- defense lawyers, analysts and even a former American ambassador who once strongly advocated extradition here -- are questioning a policy that they say has gone beyond targeting drug kingpins to scooping up players on the periphery of the narcotics trade

Washington Post
Jul 31, 2009 Latinos say they also face racial profiling by police

QUOTE: Many Latinos say they know how Harvard University professor Henry Louis Gates felt during a recent arrest because they believe police often racially profile Hispanics, too.

CNN (Cable News Network)
Jul 27, 2009 U.S. citizens wrongly detained, deported by ICE

QUOTE: [ Hector] Veloz is one of hundreds of U.S. citizens who have landed in the custody of U.S. Immigration and Customs Enforcement and struggled to prove they don't belong there, according to advocacy groups and legal scholars, who have tracked such cases around the country. Some citizens have been deported.

San Francisco Chronicle
Jul 25, 2009 Debate Intensifies Over Deportations

QUOTE: The Obama administration is vastly expanding a federal effort begun under President George W. Bush to identify and deport illegal immigrants held in local jails. But here in the city [Houston, TX] where the effort got a trial start eight months ago, people on each side of the immigration debate have found fault with it.

New York Times
Jul 25, 2009 Beyond Gates arrest, a growth of police power: Arrests of those who challenge police authority are not uncommon, say civil libertarians.

QUOTE: The arrest of black Harvard professor Henry Louis Gates Jr., for “disorderly conduct” has set off a debate about racial profiling across America. But for civil libertarians, the incident on a front porch in Cambridge, Mass., raises a different issue: what they see as a subtle growth in police power since the war on drugs and 9/11, exemplified in so-called “attitude arrests...”

Christian Science Monitor
Jul 21, 2009 Gates arrest: racial profiling or 'tempest in a teapot'?

QUOTE: Mr.[Henry Louis] Gates' arrest on the front porch of his own home last week became a moment of national reflection, with Gates insisting that the incident was evidence of the persistence of racial profiling – even in one of America's most liberal cities.

Christian Science Monitor
Jul 21, 2009 Report Says Immigration Agents Broke Laws and Agency Rules in Home Raids

QUOTE: Armed federal immigration agents have illegally pushed and shoved their way into homes in New York and New Jersey in hundreds of predawn raids that violated their own agency rules as well as the Constitution, according to a study...

New York Times
Jul 16, 2009 At Jail in Bagram, A Detainee Protest: Indefinite Incarceration by U.S. at Issue

QUOTE: The prisoners at the largest U.S. detention facility in Afghanistan have refused to leave their cells for at least the past two weeks to protest their indefinite imprisonment, according to lawyers and the families of detainees.

Washington Post
Jul 03, 2009 Is Tougher Airport Screening Going Too Far?

QUOTE: two court cases in the past month question whether TSA searches—which the agency says have broadened to allow screeners to use more judgment—have been going too far.

Wall Street Journal, The (WSJ)
Jun 30, 2009 Does Israel Mistreat Palestinian Child Prisoners?

QUOTE: The report [from Defense for Children International] states that "the ill-treatment and torture" of Palestinian child prisoners [in Israel] "appears to be widespread, systematic and institutionalized, suggesting complicity at all levels of the political and military chain of command."

Time Magazine
Jun 26, 2009 Arab Activists Watch Iran And Wonder: 'Why Not Us?' (The View From Egypt )

QUOTE: Across the Arab world, Iran's massive opposition protests have triggered a wave of soul-searching and conflicting emotions. Many question why their own reform movements are unable to rally people to rise up against unpopular authoritarian regimes.

Washington Post
Jun 19, 2009 Compensation Nation: It's time to formally compensate the victims of overzealous counterterrorism policies.

QUOTE: What are we doing to compensate the people harmed by our overbroad security policies? Shouldn't a national accounting do more than just burnish our nation's standing—and make up to those actually harmed by overzealous counterterrorism policies?

Slate
May 22, 2009 President’s Detention Plan Tests American Legal Tradition

QUOTE: ...the concept of preventive detention is at the very boundary of American law, and legal experts say any new plan for the imprisonment of terrorism suspects without trial would seem inevitably bound for the Supreme Court.

New York Times
Apr 03, 2009 Amnesty Report: French Police Above the Law

QUOTE: Is France an increasingly authoritarian society whose police forces are protected from frequent charges of abuse — ranging from racial insult to homicide? That's what Amnesty International maintains in a new report issued Thursday.

Time Magazine
Sep 19, 2007 Did CIA kidnap vacationer? It's a state secret. At issue is whether the White House has the power to keep an alleged victim from seeking redress in US courts.

QUOTE: At issue in El-Masri v. US is the government's use of the so-called state-secrets privilege. The judicial doctrine provides that some legal cases must be dismissed if the central evidence in the court battle would require disclosure of national security secrets. The Bush administration is using the same doctrine to block a string of legal challenges to other secret terror-war tactics, including warrantless electronic surveillance in the US.

Christian Science Monitor
Sep 12, 2007 Officials Cite Danger in Revealing Detainee Data

QUOTE: The fight about the disclosure is becoming one of the central legal confrontations over Guantánamo, displaying the government’s national security concerns and the claims of detainees’ advocates that officials have repeatedly fended off critics by asserting that much of the information about the detainees cannot be publicly revealed.

New York Times
Jun 13, 2007 Yemeni Languishes at Guantanamo Long After U.S. Approved Release: Dispute over Citizenship Leaves Saudi-Born Detainee in Legal Limbo

QUOTE: In the legal netherworld that the U.S. military detention center at Guantanamo Bay, Cuba, has represented since it was opened in 2002, Mohammed, once a cook for the Taliban in Afghanistan, remains stuck in a limbo of mistaken identities, bureaucratic inertia and official neglect. In the eyes of his lawyers, the young Yemeni's case is an indictment of a system...in which a man who faces no charge and no sentence remains deprived of the freedom he was granted more than a year ago.

Washington Post
Jun 12, 2007 Judges Say U.S. Can’t Hold Man as ‘Combatant’

QUOTE: [a US Court of Appeals] said a fundamental principle is at stake: military detention of someone who had lawfully entered the United States and established connections here, it said, violates the Constitution.

New York Times
Jun 01, 2007 Century-Old Quarantine Law Puts Patient Rights at Risk

QUOTE: The first federal quarantine case in the United States in 44 years has galvanized debate over efforts to reform the nation's century-old quarantine law, crafted before the civil rights movement, modern privacy and bio-terrorism concerns.

Wired
May 01, 2007 The Right To Remain Silent: Silence is about the only right the Guantanamo prisoners have left.

QUOTE: It's not simply that the detainees have fewer and fewer rights. It's become almost impossible to determine what rights they do have, beyond the right to wait for some vestigial other right to be snatched away.

Slate
Apr 03, 2007 Little redress in US courts for detainees: The Supreme Court avoided a test of Bush's terror-fighting powers Monday, letting stand a ruling denying Guantánamo detainees access.

QUOTE: A sharply divided US Supreme Court has declined to take up one of the thorniest legal issues in the Bush administration's war on terror – whether detainees at Guantánamo Bay, Cuba, are entitled to federal court hearings to challenge their open-ended detention...the court refused to wade into the controversy at all. Instead, the detainees must now exhaust the legal and other avenues established by Congress and the military at a federal appeals court in Washington before bringing their cases to the nation's highest court.

Christian Science Monitor
Feb 21, 2007 Europe's rising unease over 'terror war': Charges in Italy against suspected CIA agents highlight growing dissent on America's antiterror tactics.

QUOTE: In part, experts say, legal and vocal frustration in Europe over US policies have been sparked both by the length and ambiguity of the terror war, as well as the possible scale of the renditions-flights program of kidnapped suspects. An EU report issued last week in Brussels that condemns covert activity suggests "at least" 1,245 such flights in EU states occurred since 2001. It also suggests complicity between individual states and the US.

Christian Science Monitor
Feb 14, 2007 Bill Would Restore Detainees' Rights, Define 'Combatant'

QUOTE: The bill would also prevent the executive branch from making blanket determinations about who is an enemy combatant and would restrict the president's authority to interpret when certain human rights standards apply to detainees. The legislation would limit the label "enemy combatant" to a person "who directly participates in hostilities in a zone of active combat against the United States" or who took part in the terrorist attacks of Sept. 11, 2001.

Washington Post
Feb 06, 2007 The police lineup is becoming suspect practice

QUOTE: To minimize errors, the new bills in the five states propose that police must employ a "blind" lineup administrator, who in a small town could be a retired police officer or even a barber. This person would not know anything about the case, and therefore would be unable to influence the witness, for example, to "take another look at No. 5."

Christian Science Monitor
Jan 19, 2007 Gonzales Questions Habeas Corpus

QUOTE: Under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called “unlawful enemy combatants,” Bush and the Republican-controlled Congress effectively created a parallel legal system for “any person” – American citizen or otherwise – who crosses some ill-defined line...Attorney General Gonzales doesn’t even believe that the Constitution grants them habeas corpus rights to a fair trial.

Baltimore Chronicle
Jan 16, 2007 Some at Guantanamo Mark 5 Years in Limbo: Big Questions About Low-Profile Inmates

QUOTE: In the administration's effort to obtain raw intelligence, officials said, it was easier to ship hundreds of men with unclear allegiances to a naval base in Cuba in early 2002 and ask the hard questions later. But with a government focused on interrogations, a bureaucracy lacking tolerance for risk and a detention policy under legal attack, the United States has found it difficult to free many of the detainees, regardless of the information it has on the threat they pose.

Washington Post
Nov 30, 2006 Throw Him in the Brig! The Bush administration's latest, and most appalling, assault on habeas corpus.

QUOTE: the Military Commissions Act of 2006. This is the law that Congress rushed to pass in the fall to strip the Guantanamo detainees of their rights to challenge their detentions by bringing habeas corpus petitions in federal court. The MCA could have been limited to people picked up outside the United States. But its language is broader: It bars habeas claims by any noncitizen determined by the government to be an enemy combatant (or "awaiting such determination").

Slate
Oct 17, 2006 Will the Supreme Court shackle new tribunal law? Will the Supreme Court shackle new tribunal law?

QUOTE: The terror legislation set to be signed into law Tuesday by President Bush sits atop an ideological fault line that sharply divides the US Supreme Court and highlights the emerging power of Justice Anthony Kennedy. The new law rejects at least five key holdings by the liberal wing of the court and sets the stage for what many analysts believe will be yet another historic showdown between the courts, the president, and Congress.

Christian Science Monitor
Oct 06, 2006 New lawsuits challenge Congress's detainee act

QUOTE: President Bush has yet to sign into law Congress's new terror-detainee legislation, but defense lawyers are already asking federal judges to strike down key parts of the measure as unconstitutional...At issue: Whether the new antiterror legislation retroactively strips the courts of jurisdiction to hear detainee cases, and if so, would that amount to an unconstitutional suspension of the writ of habeas corpus.

Christian Science Monitor
Aug 31, 2006 Legal landmines emerge in 'dirty bomber' case: The Jose Padilla trial is a test: Can US avoid legal tangles of its 'war on terror' tactics?

QUOTE: the Padilla case may ultimately help make the world safer for use of coercive interrogation tactics. It could do so, analysts say, by establishing legal precedents that insulate military interrogations from scrutiny by civilian judges in federal courts.

Christian Science Monitor
May 11, 2006 British Attorney General Says Guantanamo 'Should Close'

QUOTE: British Attorney General Peter Goldsmith on Wednesday said the U.S. detention facility at Guantanamo Bay, Cuba, was "unacceptable" and "should close."

Washington Post
Feb 09, 2006 Shiite Urges Restraint by Security Units: Message Aimed at Government Forces With Ties to Militias

QUOTE: The leader of Iraq's most powerful Shiite political party called Wednesday for greater respect for human rights by the country's security forces, whose violent raids and arbitrary detentions have provoked anger among the Sunni Arab minority.

Washington Post
Dec 24, 2005 Detainees Face Limited Access to Courts: But Bill Awaiting Bush Signature Would Shield Terror Suspects from U.S. Abuse

QUOTE: The defense authorization bill approved by Congress this week includes landmark protections for military detainees suspected of terrorist activities from abuse or mistreatment at the hands of their U.S. captors. But the measure awaiting President Bush's signature also would limit the access of detainees held at the U.S. prison at Guantanamo Bay, Cuba, to federal courts.

Washington Post
Dec 23, 2005 Unable to End 'Unlawful' Detention, Judge Says

QUOTE: A federal judge in Washington ruled yesterday that the continued detention of two ethnic Uighurs at the U.S. prison facility at Guantanamo Bay, Cuba, is "unlawful," but he decided he had no authority to order their release.

Washington Post
Dec 22, 2005 Court Bars Transfer of Padilla To Face New Terrorism Charges

QUOTE: A federal appeals court yesterday refused to authorize the transfer of "enemy combatant" Jose Padilla to face new criminal charges, issuing a strongly worded opinion rebuking the Bush administration and its handling of the high-profile terrorism case. The same court that had granted the administration wide latitude in holding Padilla without charges or a court appearance now is suggesting that the detention was a mistake.

Washington Post

78 Articles and Resources. Go to:  [Next 28]