The Use of False Passports Does Not Make Someone an Al Qaeda Member

By: Sunday July 4, 2010 1:54 pm

Happy Fourth of July. This week, the DC Circuit Court had to tell the government that using false passports does not make someone an al Qaeda member. At issue is the appeal of Belkacem Bensayah, an Algerian who had been living in Bosnia alleged to have arranged travel for five others (the rest of the [...]

One Acting OLC Head Replaces Another

By: Thursday June 24, 2010 3:36 pm

Charlie Savage reports that Acting OLC head David Barron is returning to spend more time with his law students at Harvard, to be replaced by Jonathan Cedarbaum. Unlike several of the legal jobs that have turned over under this Administration, this one doesn’t appear to be tied to a fight over counter-terrorism policy. David J. [...]

Koh v. Johnson: Material Support in Far Away “Battlefields”

By: Sunday March 28, 2010 7:51 pm

I don’t know about you. But I’m sort of bored with the Holder v. Rahm fight over torture and Gitmo. My hope is they’ll start a military commission trial, it’ll get delayed and challenged, and Holder will be able to demonstrate in terms even Rahm understands that civilian trials are not just a question of [...]

OLC Identified 31 Missing Documents During Period Leading Up to Torture Tape Investigation

By: Thursday March 4, 2010 6:48 am

As I reported on Monday, DOJ lost not only John Yoo and Patrick Philbin’s emails from the period when they were writing the Bybee Memos. It also lost at least 10 documents on torture, a number of them that went into the development of the torture memos. We first learned these documents had disappeared from [...]

It’s Not Just the Emails DOJ Lost, It’s the Backup Documentation

By: Monday March 1, 2010 6:52 am

We’ve been talking quite a bit about John Yoo and Patrick Philbin’s emails on the torture memos that OLC deleted: with a rebuttal of John Yoo’s claims there were no email, a report on the National Archives’ attempts to learn what happened, and a catalog of damning facts we learned from the few emails left [...]

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