Two new excellent accounts about why the torture program won’t be revived

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November 28, 2016

I strongly recommend this post by Jack Goldsmith and this article by Matt Apuzzo and James Risen, following up on this excellent Just Security post by Alex Whiting. 

Featured Articles

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Good Governance Paper No. 3: Investigating a President

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App Stores as Back-Doors for Government Regulation of End-to-End Encryption

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The Good Governance Papers: An Introduction

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Nonviolent Civic Action May Help Defend the Integrity of the Election

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Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

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The President and Immigration Law: Introduction to a Just Security Series

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Lincoln and that Supreme Court Vacancy: A Deference to Democracy

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New Financial Sector Sanctions will Eviscerate Humanitarian Trade with Iran

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Prosecuting the ISIS “Beatles:” A testament to dedicated US government professionalism

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Six Disinformation Threats in the Post-Election Period

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Military Medical Ethics and Dr. Conley’s Misrepresentations of the President’s Health

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The Incapacitation of a President and the Twenty-Fifth Amendment: A Reader’s Guide

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Global Health Is National Security

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An Enduring Impasse on Autonomous Weapons

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Trapped in a Pandemic: Iran’s Political Prisoners Face COVID-19 Behind Bars

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Trump Can’t Lawfully Use Armed Forces to Sway the Election: Understanding the Legal Boundaries

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Justifying Absolute Political Control over DOJ, Barr Promotes Myth of Unaccountable Career Prosecutor

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At Least 15 Trump Officials Do Not Hold Their Positions Lawfully

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Whistleblower: DHS Suppressed Reports on Central America and Inflated Risk of Terrorist Border-Crossers

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Mass Job Losses and Other Economic Costs of President Trump’s Inaction on Coronavirus

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Déjà Vu All Over Again: Racial Disparity in the Military Justice System

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9/11’s Long Shadow: What’s at Stake in Afghanistan

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QAnon is a Nazi Cult, Rebranded

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Time to Fix a Broken Declassification System

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The Int’l Criminal Court Executive Order: Global Reactions Compiled

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Bill Barr’s Hidden Truths About Justice Department’s Rule of Forbearance in an Election

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State Dept. Inspector General Report: A Troubling Message on Arms Sales

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I Resigned from U.S. Government After My Own Leaders Began to Act Like the Autocrats I Analyzed

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The OSCE: A Bulwark Against Authoritarianism

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Lebanon’s Peace Cartel is Irredeemable – How Donors Choose to Help Can Tip the Scales

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Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress

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US Court Skirmishes Over Deadline’s Validity Leave ERA in Limbo

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Immigration Maximalism at the Supreme Court

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The Second Oxford Statement on International Law Protections of the Healthcare Sector During Covid-19: Safeguarding Vaccine Research

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An Open Letter to Connecticut U.S. Attorney John Durham

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Exploring Some Limitations to the ICC’s Ability to Charge US Officials with Contempt

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Canada’s Scattered and Uncoordinated Cyber Foreign Policy: A Call for Clarity

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Beyond Color-Blind National Security Law

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An Exercise in Doublespeak: Pompeo’s Flawed “Unalienable Rights” Commission

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China’s Forced Sterilization of Uyghur Women Violates Clear International Law

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Politically Motivated Prosecutions Part II: Refuse, Report, Resign

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The President’s Private Army

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Vehicle Ramming: The Evolution of a Terrorist Tactic Inside the US

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Trump Pushed CIA to Give Intelligence to Kremlin, While Taking No Action Against Russia Arming Taliban

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I help children in armed conflict. The President is forcing me to stop.

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Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector

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Turkey Opened the Door to the European Court of Human Rights for Syrian Victims

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Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

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Assessing Emergency Powers During #COVID-19

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Seek and Speak the Truth

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WhatsApp v. NSO Group: State Immunity and Cyber Spying

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Deepfakes 2.0: The New Era of “Truth Decay”

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The Time has Come to Have a Conversation at the U.N. on Self-Defence

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Don’t Bother Suing China for Coronavirus

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COVID-19 Shows How the U.S. Got National Security Wrong

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Biopharma: The Next National Security Frontier

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A Chance to Fix FISA

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Former Officials Challenge Pompeo’s Threats to the International Criminal Court

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The Soleimani Strike and the Case for War Powers Reform

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The Defense Department’s Measured Take on International Law in Cyberspace

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New Online Resource: War Powers and Presidential Practice

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Please Support Just Security with a Tax-Deductible Donation

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Iran’s Leaders Preserve the Republic With a Hybrid of International and Islamic Law

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Reevaluating Our Counter-Terrorism Information Sharing Methods

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Iran’s Unlawful Reprisal (and Ours)

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United States Killed Iraqi Military Official and Iraqi Military Personnel in the Two Recent Attacks

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The Crossfire Hurricane Report’s Inconvenient Findings

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Army and Marine Corps Publish New Manual: The Commander’s Handbook on the Law of Land Warfare

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Need for Change to Protect Children in Armed Conflict

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About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center. He was Deputy Assistant Attorney General at the Office of Legal Counsel from 2009-2010, and Attorney Advisor at the Office of Legal Counsel from 1994-2002. Member of the editorial board of Just Security. You can follow him on Twitter (@marty_lederman).