In Re Sealed Case and the Goldsmith Memo

By: Monday March 28, 2011 12:55 pm

In addition to what I laid out here, comparing the 2006 White Paper with the May 6, 2004 Goldsmith memo on the warrantless wiretap program made me realize that the White Paper relies more frequently on In re: Sealed Case than Goldsmith does, at least in the unredacted portions. By my count, the White Paper [...]

The White Paper and the Classified Opinion

By: Thursday March 24, 2011 3:05 pm

As has often been noted, the White Paper the Bush Administration released on January 19, 2006 largely repeats the analysis Jack Goldsmith did in his May 6, 2004 OLC opinion on the warrantless wiretap program. So I decided to compare the two documents. Not only did such a comparison help me see things in both [...]

With David Kris Gone, Obama Rolls Out “New and Improved” Military Commissions

By: Monday March 7, 2011 12:33 pm

I think I’ll do a series of posts over the next few days all starting with the phrase, “with David Kris gone,” showing how Obama has finally gone off the deep end (the “Dark Side”) in his War on Terror and the Constitution. This edition has to do with Obama’s announcement that he’s in the [...]

With David Kris Gone, DOJ Tries to Vacate Vaughn Walker’s FISA Opinion

By: Monday March 7, 2011 12:00 pm

There’s an interesting tidbit in the government’s mediation questionnaire in anticipation of their appeal of Vaughn Walker’s decision that al-Haramain had been illegally wiretapped and was entitled to damages. The government is willing to negotiate. In response to the direction, “Provide any other information that might affect the suitability of this case for mediation,” the [...]

Will DOJ Finally Finish Its “Review” of Faulty White Paper on Illegal Wiretapping on Monday?

By: Wednesday March 2, 2011 11:29 am

Steven Aftergood reports that, as of December 10, DOJ was still “reviewing” the flawed January 2006 white paper that the Bush Administration used to retroactively claim the 2001 Authorization to Use Military Force also authorized Bush to ignore FISA. In June 2009, Senator Russ Feingold (D-WI) asked the Obama Administration to rescind certain classified legal [...]

David Kris Resigns from DOJ

By: Thursday January 13, 2011 8:33 am

The U.S. Department of Justice just announced that Assistant Attorney General David Kris just resigned, effective March 4. “David Kris led the National Security Division (NSD) with great distinction through a period when the department confronted a number of threats to the nation’s security, and there is no doubt that his tireless work helped keep [...]

Hamdan Gets A Full Panel Review

By: Friday September 3, 2010 2:49 pm

This is a rather interesting pre-holiday document dump: The Pentagon’s war crimes appeals court announced without explanation Friday that the full U.S. Court of Military Commission Review, not a smaller panel, would review the conviction of Osama bin Laden’s driver, now free and living in Yemen. [snip] A three-judge panel heard both sides of the [...]

“Incentives for Cooperation”

By: Sunday June 13, 2010 5:29 am

David Kris gave a speech at the Brookings Institute last week, largely intended to make the case for civilian trials. Here’s the main framework of the speech: Today, however, the consensus that developed in the aftermath of 9/11 shows some signs of unraveling.  In particular, there are some who say that law enforcement can’t – [...]

DOJ Still Deliberating about 2006 White Paper

By: Saturday March 27, 2010 12:01 pm

As I noted in my last post, the Obama Administration is following Bush Administration precedent in shielding OLC memos from Congressional oversight. The Kyl and Coburn requests for OLC memos on any rights Gitmo detainees would get if brought into the US were not the only questions about OLC memos posed to Eric Holder after [...]

On PATRIOTS and JUSTICE: What We Don’t Know

By: Tuesday September 29, 2009 7:02 am

Russ Feingold says we need more information about how the PATRIOT Act actually works before we renew the PATRIOT Act.

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