A federal judge ruled Friday that the government may withhold portions of records that allegedly describe torture and abuse in a case related to detainees held at Guantanamo Bay. The American Civil Liberties Union (ACLU) filed Freedom of Information Act (FOIA) requests for information on 14 detainees and unredacted Combatant Status Review Tribunal (“CSRT”) hearing […]
PATRIOT Act Reauthorization Passes Senate Judiciary Committee
On Thursday, a divided Senate Judiciary Committee approved a bill to renew three key provisions of the USA PATRIOT Act that were set to expire at year’s end. By a tally of 11-8, the SJC voted to extend until 2013 the authorities of the federal government to obtain individual business and financial records that may […]
Congress Reaches Compromise on Transfer of Detainees
In what appears to be a sudden reversal of policy, Congressional leaders on the Homeland Security Appropriations Conference Committee on Wednesday included compromise language in the FY 2010 Homeland Security Appropriations Act that would allow detainees currently held in the Guantanamo Bay detention facility to be transferred to the United States for prosecution. Members of […]
NSJ Analysis on Administration Decision to Forego Preventive Detention Legislation
The Obama Administration announced last week that it no longer plans to seek new legislation creating a framework for preventive detention of Guantanamo Bay detainees. The move represents a departure from the plan for such legislation laid out by President Obama in his May 2009 speech at the National Archives. In that speech, the President […]
Supreme Court to Hear Case Challenging “Material Support” Law
The Supreme Court agreed on Wednesday to hear Holder v. Humanitarian Law Project and a countersuit, Humanitarian Law Project v. Holder. These cases will address whether, under the First and Fifth amendments, the “material support” for terrorism provision of 18 U.S.C. § 2339B is unconstitutionally vague. The petitioners, which include Attorney General Holder and the […]
Wittes on Obama’s Guantanamo Detention Policy
Benjamin Wittes, member of the Harvard National Security Journal Advisory Board, commented today on the Obama Administration’s decision not to seek legislation from Congress to govern the continued detention of Guantanamo detainees. For Mr. Wittes’ views, please see his Washington Post editorial or listen to his remarks on NPR’s All Things Considered.