Jeffrey Kaye and Jason Leopold of Truthout published an exclusive on a Defense Department (DoD) report on the alleged drugging of prisoners in the custody of the US military that had been declassified. The report put together by the DoD inspector general acknowledged that “powerful antipsychotic and other medications ‘could impair an individual’s ability to provide accurate information.’” And, while the report didn’t confirm the prisoners’ allegations that system drugging was taking place, the reporting done by Kaye and Leopold indicates there were several gaps in the investigation. The report should not be considered conclusive evidence that the drugging alleged by prisoners did not take place.

I spoke with Kaye about his exclusive story.

There has already been a lot of very good commentary across the internets and media on the notable decision in the 9th Circuit this week in the case of Jose Padilla v. John Yoo. Although many, if not most, commenters seem outraged, the decision is, sadly, both predictable and expected. I also think Marcy had about the right, and appropriately snarky, take on the decision embodied in her post title “Jay Bybee’s Colleagues Say OLC Lawyers Couldn’t Know that Torture Was Torture in 2001-2003“. Yep, that is just about right.

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.

Josh Gerstein reports that the government has withdrawn from defending Donald Rumsfeld and others in the Jose Padilla suit Judge Richard Mark Gergel dismissed the other day.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

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.

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 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.