Interrogation
33 Articles
On Accountability and the Next Presidency, Starting With the Cabinet
To truly “Build Back Better,” as Biden promised, he must not nominate, appoint, or otherwise hire anyone for his administration who has seriously abused power.
Toward a New Approach to National and Human Security: Uphold the Prohibition on Torture
A full reckoning for state-sanctioned American torture remains unfinished. The Obama administration took important steps towards fulfilling US obligations but fell short of what…
ICC Afghanistan Torture Investigation Likely to Turn on Criminal Intent
Good-faith reliance on advice of counsel is a well-established defense in U.S. criminal law, but it has not yet been tested at the ICC.
Brett Kavanaugh and the Risk of a Return to Torture
Brett Kavanaugh, holds a stark view of the role of international law, which could threaten the protection of fundamental human rights, including the right not to be tortured.
The Diplomats Speak: More Opposition to Gina Haspel’s Nomination to Head the CIA
Above: CIA headquarters. An august group of 115 retired diplomats have now circulated their own letter (reproduced below) in opposition to the nomination of Gina Haspel to lead…
What the Senate Needs to Ask Gina Haspel
Without full declassification of her involvement in American torture and rendition programs during the George W. Bush administration, Gina Haspel’s confirmation hearing will…
The End of Pretending
Above: President Donald Trump speaks at CIA headquarters. Editors’ note: this article has been updated to reflect the newly-reported fact that Gina Haspel was not in charge…
Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…
Exporting the Rendition Project: From the U.S. to Central Asia?
Although it’s been over a decade, the rendition planes that transferred suspects to CIA black sites still cast long, dark shadows over human rights and the rule of law, and their…
UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention
On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…
The President’s NDAA signing statement re: GTMO and anti-torture provisions
The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…
The apparent end of the “gag orders” for GTMO detainees
Back in February, I explained that the protective orders in two Military Commissions cases had been amended to now permit the defendants and their counsel to speak publicly about…