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

In the Drive to Curb Police Abuses, Rein in Their Tech Too

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US Iran Envoy to Step Down—Ahead of Key U.S. Move on Nuclear Program

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

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New Technologies, New Problems – Troubling Surveillance Trends in America

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“Viral Justice”: Interconnected Pandemics as Portal to Racial Justice

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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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Recap of Recent Articles on Just Security (July 27-31)

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A Threat or A Warning: Russia’s Weapons Testing in Space

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Why We Oppose the Pompeo Commission on Unalienable Rights’ Draft Report

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Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly

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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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A Window to Rein in DHS

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Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors

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The Best Way to Improve on New START Is By Extending It

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Former DHS and Defense Dept Spokesperson: Trump’s Response to Civil Unrest in Portland is Damaging to Our Government and Our Democracy

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What Durham Is Investigating and Why It Poses a Danger to US Intelligence Analysis

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Negotiating Racial Injustice: How International Criminal Law Helps Entrench Structural Inequality

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The President’s Private Army

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What Myanmar Is and Is Not Doing to Protect Rohingyas from Genocide

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Out of the Spotlight: COVID-19 and the Global South

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Why 27 Distinguished DC Lawyers Filed a Complaint with Bar Association Against Attorney General Barr

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Bill Barr’s Playbook: His False Claims About Prior Military Force on U.S. Soil

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Questions the Senate Should Ask State Legal Adviser Nominee CJ Mahoney

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Trump Administration’s Women, Peace and Security Plans: Blueprint for Action or Empty Promises?

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Recap of Recent Articles on Just Security (July 13-17)

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What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

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The Surprising Convergence Between Neo-Nazis and Jihadis

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

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What’s Missing in Current and Former Officials’ Responses to DOJ Antitrust Whistleblower

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Black Security and the Conundrum of Policing

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Secretary Pompeo’s Surprising Defense of International Law, Allies, and the Law of the Sea Convention

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How the Financial Systems America Built Enable Oppression Abroad

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Racing National Security: Introduction to the Just Security Symposium

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An Incremental Step Toward Stopping Forever War?

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Top Experts: DOJ’s Bureau of Prison Blocking Michael Cohen Book about Trump Violates First Amendment

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Under Cover of COVID at the UN: Why Counterterrorism Is Not the Answer to a Pandemic

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UN’s “Counter-Terrorism Week” Misses the Mark in Marginalizing Civil Society

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

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Mexico’s Priorities as an Elected Member to the Security Council for 2021-2022

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Unpacking the National Intelligence Council’s Memo on Russian Bounty Operation

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Patriotism and Justice on an Unusual Independence Day

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Welcoming E. Tendayi Achiume, Barbara McQuade, and Matiangai Sirleaf to Just Security’s Board of Editors

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Transitional Justice, Race, and the United States

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First They Came For Me and My Colleagues: The U.S. Attack on the Int’l Criminal Court

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

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A Solution in Search of a Problem: The Dangerous Invalidity of Divesting Military Commanders of Disposition Authority for Military Criminal Offenses

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A Rejoinder to China’s Response to UN Human Rights Experts

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11 Top Antitrust Experts Alarmed by Whistleblower Complaint Against A.G. Barr—and Office of Professional Responsibility’s Opinion

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The United Nations Charter at 75: Between Force and Self-Defense — Part Two

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The United Nations Charter at 75: Between Force and Self-Defense — Part One

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Specific Questions for Congress (and News Media) to Ask Attorney General Barr

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Just Security’s New Co-Editor-in-Chief

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The Supreme Court’s Ominous DACA Decision: Perils for Dreamers in What Comes Next

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How Inter-State Procedures in Human Rights Treaties Can Support the Black Lives Matter Movement

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Statement of Homeland and National Security Leaders

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Dissecting the Executive Order on Int’l Criminal Court Sanctions: Scope, Effectiveness, and Tradeoffs

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The Strength of America’s Apolitical Military

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At Confederate-Named Army Bases, Highlight US Ideals By Renaming Them for Honorable Figures

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The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”

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Standing, Not-Standing with the Protesters: U.S. Policy on Hong Kong and BLM

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The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

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If We Could See Ourselves from the Outside

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The President and the Domestic Deployment of the Military: Answers to Five Key Questions

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A Bipartisan Push in Congress to Fight the ‘Parallel Pandemic’ of Human Rights Abuses Abroad

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White Supremacist Infiltration of US Police Forces: Fact-Checking National Security Advisor O’Brien

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Far-Right Infiltrators and Agitators in George Floyd Protests: Indicators of White Supremacists

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Trump’s Empty “Withdrawal” from the World Health Organization

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Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

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Jurisdiction at Guantanamo: The Case of Long-Term Complicity

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Nuclear Arms Control, or a New Arms Race? Trump Seems Bent on the Latter.

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Advancing Rights and Justice During a Pandemic: An Online Event Series

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Tents at Sea: How Greek Officials Use Rescue Equipment for Illegal Deportations

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A Conversation With U.N. Special Rapporteur David Kaye: COVID-19 and Freedom of Expression

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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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The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

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Anticipating Phase Two of the Trumped Up “Obamagate”

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The Trump Administration’s Indefensible Legal Defense of Its Asylum Ban

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What the Pandemic Tells Us About the State of U.S. Cybersecurity

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The Importance of New Statements on Sovereignty in Cyberspace by Austria, the Czech Republic and United States

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Timeline of the Coronavirus Pandemic and U.S. Response

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The Republic of Facebook

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The Perils of Hyping Pandemic Response as a National Security Issue

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Trump’s COVID-19 Immigration Proclamation May Be Legal, But It’s Still an Abuse of Power

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Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

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Why We Filed a FOIA Request on How Many US Troops Are in Afghanistan, Iraq, and Syria

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Assessing Emergency Powers During #COVID-19

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What Counts As Sufficient Transparency on Civilian Casualties in Somalia

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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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Coronavirus Border Expulsions: CDC’s Assault on Asylum Seekers and Unaccompanied Minors

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

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Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

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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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The President’s War on Intelligence: Yes, It’s Worse Than You Think

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New Online Resource: War Powers and Presidential Practice

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For House, Senate National Security Committees, Stopgaps for Term Limits

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When Professionalism Mattered: Dissent Against U.S. Policy on Landmines

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The Soul of the Justice Department: Who Must Stand Up For It Now

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Punching on the Edges of the Grey Zone: Iranian Cyber Threats and State Cyber Responses

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Please Support Just Security with a Tax-Deductible Donation

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Confronting Russia’s Role in Transnational White Supremacist Extremism

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Reading Between the Votes: 53 Senators Say Trump Guilty on the Facts

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Sudan’s Push for Removal from U.S. Terror List: Not a Panacea

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International Criminal Court and the Question of Palestine’s Statehood: Part II

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Compilation of States’ Reactions to U.S. and Iranian Uses of Force in Iraq in January 2020

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How to Think About the Soleimani Strike in Four Questions

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

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The Need for Increased Amicus Role in the FISA Process

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U.S. Legal Defense of the Soleimani Strike at the United Nations: A Critical Assessment

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Reevaluating Our Counter-Terrorism Information Sharing Methods

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Lawful Self-Defense vs. Revenge Strikes: Scrutinizing Iran and U.S. Uses of Force under International Law

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The Targeted Killing of General Soleimani: Its Lawfulness and Why It Matters

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Iran’s Unlawful Reprisal (and Ours)

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Soleimani Strike Marks a Novel Shift in Targeted Killing, Dangerous to the Global Order

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

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Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law

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The Crossfire Hurricane Report’s Inconvenient Findings

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New Leaked Documents Reveal China’s Chilling Crackdown on Muslims

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Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?

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Can Turkey be Expelled from NATO? It’s Legally Possible, Whether or Not Politically Prudent

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Climate Change Denialism Poses a National Security Threat

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What’s the New Terror Financing Executive Order All About?

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Guidelines on Investigating Violations of International Humanitarian Law

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Expert Summaries of Mueller Report: A Collection

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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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Guide to the Mueller Report’s Findings on “Collusion”

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Transparency on Civilian Harm in Somalia Matters – Not Just to Americans

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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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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).