Entries by emptywheel

Eric Holder, Indefinitely Detained by DOD?

The most shocking phrase in the Senate’s Defense Authorization detainee provisions to me was not the language affirming indefinite detention. That language simply affirms and possibly narrows the status quo. Rather, it was this language purporting to strike a “balance” between military and civilian detention for alleged terrorists by offering the Secretary of Defense the […]

Share this entry

Did Iran Hack Our Drone?

I’ve been saying for some time that America’s hubris about drones will end as soon as one of our antagonists figures out how to hack them. Which is why it’s interesting that Iran has updated its claims to have “shot down” an American drone to suggest they had “brought it down.” (Note, I found this […]

Share this entry

Oklahoma Attorney General Scott Pruitt Advocates Extending PATRIOT Act to Domestic Terrorists

I watched last night’s Huckabee Presidential forum between thrilling plays in the Big 10.2 Championship game. Since each candidate appeared by him or herself, it lacked the entertaining in-fighting of other episodes of this reality show. But it was fascinating because some rising stars in the Republican Party–three far right Attorneys General, OK’s Scott Pruitt, […]

Share this entry

Lindsey Graham’s Independent Review for All Detainees in US Prisons

As I’ve said before, I think Carl Levin’s assurances that habeas corpus will prevent the Executive from holding people without cause under his new detainee provisions (and, frankly, under the status quo) is dangerously naive, because it ignores how badly the DC Circuit has gutted habeas. That said, maybe this colloquy between Lindsey Graham and […]

Share this entry

Does the FBI Contend Intelligence Reports on Community Outreach Events Comply with Its Policy?

Yesterday, the ACLU released a report on its ongoing FOIA on what FBI offices around the country are doing to collect intelligence on Muslim communities and particular ethnic groups. The report found a number of cases in which the FBI mixed community outreach with investigative actions: A 2009 San Jose FBI memorandum describing FBI participation […]

Share this entry

Why the Iraq AUMF Still Matters

The big headline that came out of yesterday’s American Bar Association National Security panels is that DOD General Counsel Jeh Johnson and CIA General Counsel Stephen Preston warned that US citizens could be targeted as military targets if the Executive Branch deemed them to be enemies. U.S. citizens are legitimate military targets when they take […]

Share this entry

Senate Achieves Craven Punt on Indefinite Detention

Update: The vote on 1126–which would exempt Americans from indefinite detention–was defeated 45-55. Democrats voting for indefinite detention include Begich, Blumenthal, Inouye, Klobuchar, Landrieu, Lieberman, Levin, Manchin, Bad Nelson, Pryor, Reed, Stabenow, Whitehouse. Republicans voting against indefinite detention include Collins, Kirk, Lee, Moran, and Paul. Update 2: The craven compromise vote won 99-1. Kyl was the […]

Share this entry