Analysis & Commentary
Liberty & National Security
No King Please, We’re Americans
Authored by: Frederick A.O. Schwarz and Aziz Huq
– 02/12/07
Omar v. Harvey: Using International Law to Limit Human Rights
Government arguments in the detention context, from its claims about the status of Guantanamo through its manufacture of the “enemy combatant” designation, are unified by a single theme: the effort to establish an area of absolute factual discretion, in which the 99% who may be innocent may be held alongside the risky remainder. For the Vice-President’s fabled one-percent solution, a zone of darkness is a sine qua non.
Authored by: Aziz Huq
– 02/10/07
President or King?
Authored by: Frederick A.O. Schwarz, Jr., and Aziz Huq
– 02/01/07
A Spying Policy Still Without Warrant
At first it was hailed as a victory for civil liberties. But last week’s announcement that warrantless domestic surveillance by the National Security Agency has come to an end means less than it first appears.
Authored by: Aziz Huq
– 01/22/07
A Spying Policy Still Without Warrant
Authored by: Aziz Huq
– 01/22/07
Disloyalty to the Constitution
“Shocking” is what he said. But it was the baldness of Deputy Assistant Secretary of Defense for Detainee Affairs Cully Stimson’s statement, not what he described, that proved shocking.
Authored by: Aziz Huq
– 01/16/07
Gitmo Turns Five
The first twenty prisoners arrived in hoods and shackles. American officials placed them in cages, surrounded by barbed wire, at Camp X-Ray at the US Naval Base at Guantánamo Bay. That was five years ago. More than 700 people have been detained at Guantánamo since.
Authored by: Jonathan Hafetz
– 01/11/07
Gitmo Turns Five
Authored by: Jonathan Hafetz
– 01/11/07
Vindicating the Rule of Law: The Legacy of Hamdan v. Rumsfeld
Authored by: Jonathan Hafetz
American Justice on the Line
Last week, a district judge in Washington dismissed the case of Guantanamo Bay detainee Salim Hamdan. In June, Hamdan won a landmark Supreme Court decision striking down President’s jerry-rigged system of military trials at Guantanamo. Now, thanks to a new law stampeded through Congress in October, Hamdan cannot even get into court. This decision should alarm all Americans who care about their country’s most basic rights and values.
Authored by: Jonathan Hafetz
– 12/19/06