Entries by emptywheel

DC Circuit, Want to Rethink that Habeas Ruling?

Back in May, the DC Circuit decided that detainees at Bagram Air Force base were not entitled to habeas corpus because, since the base is in an active war zone, it would be unduly burdensome for the government to hold a real hearing. I’m wondering if the DC Circuit would like to rethink that decision? […]

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GAO Audits and Poppy Bush’s Covert World

Steven Aftergood has an important update on the continuing saga of whether or not GAO can conduct investigations of intelligence activities. He explores the source of current restrictions on GAO review: a 1988 OLC opnion written by Douglas Kmiec. The current dispute between the Obama Administration and some members of Congress over whether to strengthen […]

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Dr. William Tam’s Understanding of “The Gay Agenda” and Vaughn Walker’s Prop 8 Decision

There was a fair amount of attention to Vaughn Walker’s scathing dismissal of professional anti-gay “scholar” David Blankenhorn’s testimony in the Prop 8 trial. The court now determines that Blankenhorn’s testimony constitutes inadmissible opinion testimony that should be given essentially no weight. But I’ve seen little commentary on the fate to which Walker consigned Dr. […]

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Abu Zubaydah’s American-Taxpayer Paid Tour of the World

You should read two pieces in conjunction this morning. First, this Andy Worthington piece from last week, that lays out new details on the black site CIA used in Poland in 2002-2003. On Friday, the Polish Border Guard Office released a number of documents to the Warsaw-based Helsinki Foundation for Human Rights, which, for the […]

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Why Isn’t Obama Clearing Brush on PDB Day?

Nine years ago today, George W Bush was informed that “Al Qaeda [was] determined to strike in US.” And then he went out to clear more brush at his pig farm in Crawford. Obama is showing no such presidential manliness in the second year of his term. Yesterday, his Justice Department actually indicted 14 of […]

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Picking and Choosing Which Journalistic Outlets to Treat as Journalistic Outlets

Tuesday, Philip Shenon reported that Wikileaks wanted the Defense Department’s help reviewing the next batch of documents it will release for names that should be redacted. Julian Assange wants the Pentagon’s help. His secretive WikiLeaks website tells The Daily Beast it is making an urgent request to the Defense Department for help reviewing 15,000 still-secret […]

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Will DOD Ban Itself for Publishing Joshua Claus’ Name?

Carol Rosenberg tweets: Just got formal notice: Pentagon publicly naming Interrogator No. 1 who testified remotely to #Guantanamo as ex-Army Sgt. Joshua Claus Army Maj. Bradsher read me a Pentagon policy statement that said Claus’ “own actions” mean publishing his name does not violate ground rules You’ll recall that DOD banned Carol Rosenberg and three […]

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Prop 8: Fighting about the Stay Already

You know how the Defendant-Intervenors submitted a premature request for a stay in the Prop 8 case yesterday? Well, the plaintiffs have now asked Judge Walker not to issue a stay without giving plaintiffs a time to weigh in. Dear Chief Judge Walker: I write on behalf of Plaintiffs in response to the obviously premature […]

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