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

Next Step in Disinformation: How a Dating App Becomes a Weapon

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Sizing Up Facebook’s New Disclosures About the Christchurch Shooting

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Breaking the Silence on Civilian Casualties from U.S. Air Strikes in Somalia

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Revisiting the Mladić Trial Amidst Trump Admin’s Attacks on International Criminal Justice

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A Legislative Shot at Internet of Things Security

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Why it’s a mistake to be a-waitin’ “the” Mueller Report (and why you should instead focus on two other reports)

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Body Counts Are Terrible Way for the Public to Assess US Counter-Terrorism Operations

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Trump Investigations and the RICO vs Conspiracy Puzzle

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What Comes Next: After Supreme Court Reduced Obstacles to Suing International Organizations

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After Hanoi, What Now?

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Reflecting on the Civilian Casualty Executive Order: What Was Lost and What Can Now Be Gained

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The US-Philippines Defense Treaty and the Pompeo Doctrine on South China Sea

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Citizenship-Stripping and ISIS Members: The Recent UK Experience

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I Helped Write the Exec Order on Public Reporting of Lethal Operations. Here’s What Trump Has Undone.

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The Ripening: The House Judiciary Committee Investigation Will Bear Fruit

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Report of the Independent UN Commission of Inquiry on Gaza Strip – An Initial Evaluation of a Problematic Report

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Can Trump Organization Executives be Prosecuted for Money Laundering?

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BREAKING: United States Supports Germany’s International Arrest Warrant for Accused Syrian War Criminal

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Counterterrorism and Homeland Security Are Not the Same Thing

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The Missing Khashoggi Report: A President Can’t Choose to “Decline” His Constitutional Role to Accommodate Congressional Oversight

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The Seven Step Program for Fighting Disinformation

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Trump’s Invoking Obama Signing Statement as Reason Not to Report to Congress on Khashoggi Murder: A Roundup of Expert Views

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Mueller’s Findings: Why DOJ Non-Disclosure Policy and Grand Jury Secrecy May Not Apply

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What’s the Mission in Syria? The Answer May be Illegal and Without U.S. Allies’ Support

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Power Struggle Over the Wall: Presidential Emergency Powers vs. Congressional Power of the Purse

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About that Trial Balloon on Using the 9/11 AUMF to Authorize U.S. Strikes on Iran

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Unpacking (Some of) the Legal Issues Surrounding Hoda Muthana

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Who is Richard Burr, Really? Why the public can’t trust his voice in the Russia probe

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The Pentagon’s Latest Report on Civilian Casualties Policy

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Gendered Security and the Right to Life: Analysis of UN Human Rights Committee’s General Comment

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Wolf in Sheep’s Clothing: Does the McConnell amendment provide a justification for military operations against Iran?

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Human Rights, Deprivation of Life and National Security: Q&A with Christof Heyns and Yuval Shany on General Comment 36

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Proportionality and Doubt

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Roger Stone Indictment Implicates Trump Campaign in Election Law Violations

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Saudi Coalition “Admission” of Error in Bombing Cholera Treatment Center Implicates the United States

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A Dangerous Bet on Recognition in Venezuela

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Pentagon’s Climate Change Report Lacks Analysis the Law Requires

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The Status of Guantanamo 17 Years In

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Trump Campaign in Legal Jeopardy Over Manafort’s Sharing Data with Russian Agent

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Weapons of Mass Consumerism: Why China Wants Your Personal Information

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Executive Agreements: International Lawmaking Without Accountability?

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Annotation of the Pentagon Report to Congress on Detainee Abuse by U.S. Partners in Yemen

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A Caution to Pentagon Officials Asked to Obligate “National Emergency” Funds

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Terrorists and the Southern Border: Myth and Reality

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Trump’s Plan to Have the Military Build a Wall is Illegal

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Ruminations on RICO and Asset Forfeiture in the Trump Business Empire

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Coming to Terms with the Impeachment Process: The Case for Starting a Formal Inquiry

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Please Support Just Security with a Tax-Deductible Donation

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Trump’s Bookkeeper: How Prosecutors Could Easily Prove Tax Crimes for Hush Money Reimbursements

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Did Trump Organization Executives Cook the Books?–Tax Crimes Explained under Federal and State Law

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Why It Doesn’t Matter Whether It’d Be Constitutional to Indict Trump

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10 Ways the U.S. Can Curb Interpol Abuses

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Mueller’s Roadmap: Major Takeaways from Cohen and Manafort Filings

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Perjury Chart: Trump Associates’ Lies, False, or Misleading Statements on Russia to Federal Authorities

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Yes, Collusion: The Legal Significance of the New Mueller Revelations

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No Clean Hands: Reaction and Counter-Reaction in the Iranian-Saudi Proxy War in Yemen

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Birthright Citizenship for Children of Unlawful U.S. Immigrants Remains an Open Question

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Prosecuting Wikileaks, Protecting Press Freedoms: Drawing the Line at Knowing Collaboration with a Foreign Intelligence Agency

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Need for Change to Protect Children in Armed Conflict

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Why the First Amendment Does Not Protect Trump Campaign Collusion with Wikileaks and Russia

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Accountability Fatigue: A Human Rights Law Problem for Armed Forces?

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Annotation of Sec. Pompeo’s Certification of Yemen War: Civilian Casualties and Saudi-Led Coalition

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An Explainer: Senate’s Letter on Khashoggi and the Global Magnitsky Act

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What Facts Would Deny the Trump Campaign First Amendment Protections in Colluding with Russia

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Grading the Pompeo Certification on Yemen War and Civilian Protection: Time for Serious Reconsideration

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The Technicolor Zone of Cyberspace, Part 2

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UPDATE: Mapping States’ Reactions to the Syria Strikes of April 2018

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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. You can follow him on Twitter (@marty_lederman).