Bush-Era Opinion Asserts Near-Constant War Justifies Broad Surveillance Powers

By: emptywheel Tuesday March 22, 2011 7:45 am

They tortured the detainees to get claims of plots against the US. And then–even though the detainees insisted they had stopped planning against the US–they used intelligence about canceled or absurd plots to write scary memos so they could continue to use their illegal wiretap program.

Rumsfeld Lawyers Up – To Defend Ordering Death Threats?

By: emptywheel Wednesday February 23, 2011 8:30 am

Josh Gerstein reports that the government has withdrawn from defending Donald Rumsfeld and others in the Jose Padilla suit Judge Richard Mark Gergel dismissed the other day. That’s mighty interesting.

Judge: Padilla Can’t Sue for Torture because Justification for His Torture Was Based on Torture

By: emptywheel Friday February 18, 2011 4:40 pm

The “special factors” in this case — including Abu Zubaydah’s torture — mean American citizen Jose Padilla can’t sue for having been tortured and denied counsel.

Eric Holder’s Defense of Ashcroft to Defend the Material Witness Statute

By: emptywheel Monday October 25, 2010 3:50 pm

The NYT has a worthwhile editorial lambasting the Obama DOJ’s pursuit of SCOTUS review in Ashcroft v. al-Kidd, which will probably result in expanded immunity for government officials that abuse the law so as to abuse the rights of Americans. The editorial focuses closely on the way in which DOJ’s defense of absolute immunity amounts to a defense of using the material witness law as an improper basis for detention.

The Next Attack: Bush Flunkies Go After Holder over 2004 Amicus Brief in Padilla Case

By: emptywheel Thursday March 11, 2010 6:09 am

The next attack the McCarthyites have planned is on U.S. Attorney General Eric Holder, for once saying in an amicus curiae brief that it’s possible following the Constitution will make it harder to detain potential terrorists.

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