U.S. Public Opinion on Torture, 2001–2009
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Reply Memorandum of Law in Support of Motion to Unseal by Raymond Bonner
Case 1:08-cv-01360-UNA Document 436 Filed 11/07/16 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ZAYN AL ABIDIN MUHAMMAD ) HUSAYN (ISN # 10016), ) ) Petitioner. ) ) v. ) No. 08-CV-1360 ) ASHTON CARTER, ) ) Respondent. ) ) REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION TO UNSEAL BY RAYMOND BONNER David A. Schulz Hannah Bloch-Wehba Steven Lance (law student intern) Andrew Udelsman (law student intern) Media Freedom & Information Access Clinic Abrams Institute for Freedom of Expression Yale Law School P.O. Box 208215 New Haven, CT 06520 Phone: 212-850-6103 Fax: 212-850-6299 Chad Bowman Levine Sullivan Koch & Schulz, LLP 1899 L Street, NW, Suite 200 Washington, DC 20036 Phone: 202-508-1100 Fax: 202-861-8988 Counsel for Movant Raymond Bonner Case 1:08-cv-01360-UNA Document 436 Filed 11/07/16 Page 2 of 32 TABLE OF CONTENTS PRELIMINARY STATEMENT .................................................................................................... 1 ARGUMENT .................................................................................................................................. 2 I. JUDICIAL RECORDS ARE SUBJECT TO THE FIRST AMENDMENT RIGHT OF ACCESS, EVEN WHEN THEY CONTAIN CLASSIFIED INFORMATION .......... 2 A. Classified Information Is Not Exempt From the Constitutional Access Right ....... 2 1. The government misapplies the “history and logic” test to the content of a record rather than the type of proceeding involved. ............... 2 2. The unilateral Executive authority to seal court records claimed by the government would violate the constitutional separation of powers. ..... 5 B. The Constitutional Standard Must Be Satisfied To Seal A Court Record That Contains Classified Information ..................................................................... 6 1. The Executive’s classification standards do not automatically satisfy the controlling First Amendment standard. -
The Oath a Film by Laura Poitras
The Oath A film by Laura Poitras POV www.pbs.org/pov DISCUSSION GUIDe The Oath POV Letter frOm the fiLmmakers New YorK , 2010 I was first interested in making a film about Guantanamo in 2003, when I was also beginning a film about the war in Iraq. I never imagined Guantanamo would still be open when I finished that film, but sadly it was — and still is today. originally, my idea for the Oath was to make a film about some - one released from Guantanamo and returning home. In May 2007, I traveled to Yemen looking to find that story and that’s when I met Abu Jandal, osama bin Laden’s former bodyguard, driving a taxicab in Sana’a, the capital of Yemen. I wasn’t look - ing to make a film about Al-Qaeda, but that changed when I met Abu Jandal. Themes of betrayal, guilt, loyalty, family and absence are not typically things that come to mind when we imagine a film about Al-Qaeda and Guantanamo. Despite the dangers of telling this story, it compelled me. Born in Saudi Arabia of Yemeni parents, Abu Jandal left home in 1993 to fight jihad in Bosnia. In 1996 he recruited Salim Ham - dan to join him for jihad in Tajikistan. while traveling through Laura Poitras, filmmaker of the Oath . Afghanistan, they were recruited by osama bin Laden. Abu Jan - Photo by Khalid Al Mahdi dal became bin Laden's personal bodyguard and “emir of Hos - pitality.” Salim Hamdan became bin Laden’s driver. Abu Jandal ends up driving a taxi and Hamdan ends up at Guantanamo. -
“New Norms” and the Continuing Relevance of IHL in the Post-9/11
International Review of the Red Cross (2015), 97 (900), 1277–1293. The evolution of warfare doi:10.1017/S1816383116000138 The danger of “new norms” and the continuing relevance of IHL in the post-9/11 era Anna Di Lellio and Emanuele Castano Anna Di Lellio is a Professor of International Affairs at the New School of Public Engagement and New York University. Emanuele Castano is a Professor of Psychology at the New School for Social Research. Abstract In the post-9/11 era, the label “asymmetric wars” has often been used to question the relevance of certain aspects of international humanitarian law (IHL); to push for redefining the combatant/civilian distinction; and to try to reverse accepted norms such as the bans on torture and assassination. In this piece, we focused on legal and policy discussions in the United States and Israel because they better illustrate the dynamics of State-led “norm entrepreneurship”, or the attempt to propose opposing or modified norms as a revision of IHL. We argue that although these developments are to be taken seriously, they have not weakened the normative power of IHL or made it passé. On the contrary, they have made it more relevant than ever. IHL is not just a complex (and increasingly sophisticated) branch of law detached from reality. Rather, it is the embodiment of widely shared principles of morality and ethics, and stands as a normative “guardian” against processes of moral disengagement that make torture and the acceptance of civilian deaths more palatable. Keywords: IHL, asymmetric war, norm entrepreneurs, targeted killing, torture, terrorism, moral disengagement. -
The Graduate Magazine, 2007
A Magazine for the Graduate Community TheGraduate Volume XIX • Number 2 • 2007 U N I V E R S I T Y O F C A L I F O R N I A , B E R K E L E Y Do Babies Matter? What graduate students have to say about parenthood LETTER FROM THE DEAN The Magic of Berkeley is Something We Make Together THIS IS MY LAST MESSAGE TO who are helping unlock the secrets of THE GRADUATE COMMUNITY. human life through our DNA, and who are I have had the privilege of helping develop new low-cost medicines, serving as Graduate Dean for one of such as the artemisinin that will soon the greatest universities in the world combat malaria. Others are working to for seven years, since August 2000. preserve the languages of California’s own These have been, for me, the most numerous Native American tribes, and more fulfilling years of my career. Each are assisting our latest Nobel Prize winner, Peg Skorpinski photo May when I confer degrees on some George Smoot, in measuring the age of the of the most promising students in the world, I feel the Big Bang that created the universe. pride and the responsibility of maintaining this incredible The magic reaches out, too, through institution of higher learning. I have always believed that the teaching they go on to do in their Berkeley is magical. It is a unique world that offers the careers, some at Berkeley, many in other best of learning and the best of living. -
Bibliography & End-Notes
TESTIMONY Sources This is a compilation of sources I consulted while researching Testimony, both works that provided general information about recurring themes, e.g., Gypsy life, and ones that inspired specific statements in the novel. I mean to be forthright about the points of departure for my imagination, as well as to provide an opportunity for further reading for those who might be curious about the actual facts, remembering that Testimony is fiction, and not intended to be a reliable portrayal of any real-world person or event. BIBLIOGRAPHY Books Isabel Fonseca, Bury Me Standing, (Knopf, 1995) Available currently in a Vintage Departures edition. This book by a researcher who met and lived among various European Rom communities remains gorgeously written, intricately researched, and constantly moving. Ian Hancock, We Are the Romani People (University of Hertfordshire Press, 2002) An introductory guide to Rom culture. Professor Hancock, Rom by birth, is one of the world’s leading experts on Romnipen and his people, to whom he, understandably, remains fiercely loyal. Like Fonseca, he is occasionally criticized for being more advocate than scholar, but his works were invaluable to me, and this book is only one of several works of his that I consulted, including several of his lectures and interviews captured on YouTube. Aleksandar Hemon, The Book of My Lives (Picador 2013). A deserving finalist for the National Book Critics Circle Award for Non-Fiction, this book is a memoir in essays about Sasha’s movement from his boyhood in Bosnia to Chicago, from which he watched at a distance as the world he grew up in was savaged. -
Iraq Study Group Consultations
CENTER FOR THE STUDY OF THE PRESIDENCY IRAQ STUDY GROUP Iraq Study Group Consultations (* denotes meeting took place in Iraq) Iraqi Officials and Representatives * Jalal Talabani - President * Tareq al-Hashemi - Vice President * Adil Abd al-Mahdi - Vice President * Nouri Kamal al-Maliki - Prime Minister * Salaam al-Zawbai - Deputy Prime Minister * Barham Salih - Deputy Prime Minister * Mahmoud al-Mashhadani - Speaker of the Parliament * Mowaffak al-Rubaie - National Security Advisor * Jawad Kadem al-Bolani - Minister of Interior * Abdul Qader Al-Obeidi - Minister of Defense * Hoshyar Zebari - Minister of Foreign Affairs * Bayan Jabr - Minister of Finance * Hussein al-Shahristani - Minster of Oil * Karim Waheed - Minister of Electricity * Akram al-Hakim - Minister of State for National Reconciliation Affairs * Mithal al-Alusi - Member, High Commission on National Reconciliation * Ayad Jamal al-Din - Member, High Commission on National Reconciliation * Ali Khalifa al-Duleimi - Member, High Commission on National Reconciliation * Sami al-Ma'ajoon - Member, High Commission on National Reconciliation * Muhammad Ahmed Mahmoud - Member, Commission on National Reconciliation * Wijdan Mikhael - Member, High Commission on National Reconciliation Lt. General Nasir Abadi - Deputy Chief of Staff of the Iraqi Joint Forces * Adnan al-Dulaimi - Head of the Tawafuq list Ali Allawi - Former Minister of Finance * Sheik Najeh al-Fetlawi - representative of Muqtada al-Sadr * Abd al-Aziz al-Hakim - Shia Coalition Leader * Sheik Maher al-Hamraa - Ayat Allah -
Appearances (Selected)
PUBLIC APPEARANCES (SELECTED) Interview, NOW, MSNBC, w/Ari Melber, 12/27/12 Berkeley, CA "Torture and Zero Dark Thirty," North Gate Hall Studio. Seminar, “The US Elections and the Forever 11/9/12 Copenhagen, Denmark War,” Danish Institute for International Studies. Introduction, Mark Danner and Joshua 11/8/12 Copenhagen, Denmark Oppenheimer “The Act of Killing,” Copenhagen Documentary Festival. Panel, “Courthouse Dialogue on Film and 9/3/12 Tellruide, CO Injustice,” Joshua Oppenheimer, Peter Sellars and Mark Danner, The Courthouse, Telluride Film Festival. Introduction and Q&A, Dror Moreh, “The 9/2/12 Telluride, CO Gatekeepers,” The Sheridan Opera House, Telluride Film Festival. Talk, Ben Affleck, Dror Moreh, Michael 9/2/12 Telluride, CO Winterbottom, Ziad Doueiri, Joshua Oppenheimer and Mark Danner “Injustice, Reconciliation and Cinema,” Telluride Park, Telluride Film Festival. Q&A, “No,” Gael Garcia Bernal, Pablo 9/2/12 Telluride, CO Larrain, Chuck Jones Theatre, Telluride Film Festival. Q&A, “The Attack,” Ziad Doueiri and Mark 9/1/12 Telluride, CO Danner, The Mason’s Theatre, Telluride Film Festival. Q&A, “The Act of Killing,” Joshua 8/31/12 Telluride, CO Oppenheimer and Mark Danner, The Mason’s Theatre, Telluride Film Festival. Lecture, Helen Ingram Plummer Lecture, 4/19/12 Atlanta, GA “Living With the New Normal: Human Rights, US Foreign Policy and the 2012 Elections”, Georgia State University. Talk, Karen Malpede’s “Another Life”. 3/21/12 Brooklyn, NY Dialogue, Ray Bonner Dialogue, “Anatomy 3/15/12 Berkeley, CA of Injustice”, Boalt Hall, UC Berkeley Reading, Story Hour at Morrison Library, 3/8/12 Berkeley, CA UC Berkeley. -
Literary Journalism Studies
Vol. 1, No. 2, Fall 2009 Literary Journalism Studies Richard Critchfield: “Genius” Journalism and the Fallacy of Verification by Miles Maguire The Citizen-Witness and the Politics of Shame: Walker Evans and James Agee’s Let Us Now Praise Famous Men by Aryn Bartley Book Excerpt The Boy in the Moon: A Father’s Search for His Disabled Son (Random House Canada) by Ian Brown Reflective Essay Writing What You See, Not What You Think You See by Ian Brown Unraveling the Webs of Intimacy and Influence: Willie Morris and Harper’s Magazine, 1967–1971 by Berkley Hudson and Rebecca Townsend The Literary Mind of a Cornfield Journalist: Joel Chandler Harris’s 1904 Negro Question Articles by Cheryl Renee Gooch Getting Away From It All: The Literary Journalism of David Foster Wallace and Nietzsche’s Concept of Oblivion by Joshua Roiland LJS The journal of the International Association for Literary Journalism Studies On the Cover The ghost image in the background of our cover depicts Toronto writer Ian Brown on a chaise longue with his severely challenged son, Walker. Father and son enjoy a calm moment together in cottage country, a couple of hundred kilometers north of the city. Walker Brown is the subject of Ian Brown’s book, The Boy in the Moon: A Father’s Search for His Disabled Son (Random House Canada). The excerpt begins on page 41, followed by Ian Brown’s essay on the joys and difficulties of writing literary journalism. Photo courtesy of Ian Brown Literary Journalism Studies The Journal of the International Association for Literary Journalism Studies Vol. -
The Magic of Donald Trump by Mark Danner | the New York Review of Books
5/11/2016 The Magic of Donald Trump by Mark Danner | The New York Review of Books The Magic of Donald Trump Mark Danner MAY 26, 2016 ISSUE Crippled America: How to Make America Great Again by Donald J. Trump Threshold, 193 pp., $25.00 Like Hercules, Donald Trump is a work of fiction.1 Primed for miracles and wonders, Trumpsters in their thousands tilt their heads up toward the blueblack Florida sky. Behind the approaching thwackthwackthwack the electronic fanfare soars and above it now we hear the booming carnival barker’s comeon: “Now arriving out of the northwest sky, DONALD…J… TRUMP!” Thousands of upturned mouths gape as the three floating lights, turning slowly, majestically resolve themselves into the shape of the big helicopter, the inevitable TRUMP in signature AkzidenzGrotesk font just visible on its tail. Six thousand roaring voices—or is it seven thousand, or eight, or nine?—crash in a wave of sound against the raucous electrobrass salute. The earsplitting blare is the theme to Air Force One, a cheesy late1990s hit starring Harrison Ford as MedalofHonorwinning President James Marshall, whose Boeing is seized by terrorists. (President Marshall growling to an abouttobedefenestrated terrorist: “Get off my plane!”) Can one imagine any other candidate using this as theme music? For Ted Cruz or John Kasich or any of the fourteen others who have wandered on and then off the stage, the irony—the lack of self Donald Trump; drawing by James Ferguson seriousness—would be unendurable. -
Human Rights and U.S. Intervention in Central America
POLS 596: Human Rights in Central America KIJP 253, Thursdays, 5:30-8:50 p.m. January 27-March 19, 2015 Dr. Everard Meade Trans-Border Institute [email protected] Human Rights and U.S. Intervention in Central America “Murder is not morally justifiable. Self-defense may be argued if the victim has knowledge which may destroy the resistance organization if divulged. Assassination of persons responsible for atrocities or reprisals may be regarded as just punishment. Killing a political leader whose burgeoning career is a clear and present danger to the cause of freedom may be held necessary. But assassination can seldom be employed with a clear conscience. Persons who are morally squeamish should not attempt it.” –From Report titled “CIA and Guatemala Assassination Proposals, 1952-1954,” made public in a 1995 Agency study written by Gerald Haines. “We are not myths of the past, ruins in the jungle, or animals in the zoo. We are people and we want to be respected, not to be victims of intolerance and racism.” –Rigoberta Menchú uilty – On May 9, 2013, former Guatemalan dictator Efraín Ríos Montt was convicted of genocide and crimes against humanity. Thirty years after he left office and thirty years after the original complaint was filed, he was G sentenced to eighty years in prison. Over the course of twenty-seven hearings, involving direct testimony form ninety survivors and evidence from thousands of government documents, a global audience sat in rapture as witness after witness conjured images of mass-murder, torture, and rape from the military regime’s systematic campaign of annihilation against indigenous Mayans. -
Genocide in Bosnia-Hercegovina: a Very Short History
Genocide in Bosnia-Hercegovina: A Very Short History Thomas White | Cohen Center for Holocaust and Genocide Studies |Keene, New Hampshire| [email protected] Hikmet Karčić | Institute for Islamic Tradition of Bosniaks | Sarajevo, Bosnia-Herzegovina | [email protected] Overview In 1990, as Yugoslavia collapsed, the first multiparty elections were held. These elections created nationalist parties intent on perpetuating ethno-national identities and causes. By 1992, war was being imposed through Serbian and Croatian nationalists seeking to expanded into “greater” national territory. In the coming years the perpetrators of “ethnic cleansing,” displacement, mass atrocity, and genocide, were rewarded by the international community at the Dayton Accords in 1995. Dayton ended the war, but then imposed an ethno-nationalistic portioned Bosnia. A “tycoon class” of nationalist leaders continues to enrich themselves through corruption supported by poverty, fear, insecurity, and the promotion of divisive ethnic identities. The hate didn’t exist before; it was artificially installed. It was all so unbelievable that at first, it seemed funny…The emphasis on ethnicity and exclusion was so strong that ethnic hatred became normalized…There is also the ideology of religion and nationality…Never has there been more religion and less faith…National and religious identities are openly used as weapons in the political arsenal.” – Vedran Grahovac, Prijedor1 Denial of Bosnian genocide is rooted in Serb and Croat religious nationalism and Islamophobia. Unresolved and manipulated memory continue to haunt the Balkans. It is a fundamental mistake, however, to accept the narrative of “Balkanization” as an intractable “truth” of people living here. Balkanization implies that people are separated by exclusive group identities that make them prone to war and to live in perpetual hostility. -
Trump Base DA
Notes The Base DA — by Dana Randall, Director of Debate at Carrollton Sacred Heart. General Argument The Base DA is a “politics disadvantage” — it’s about the political consequences of the plan. This DA argues that there is a core group of Trump supporters, known as his “base,” who support the president primarily because of his stance on immigration. This base consists of people who are worried about economic competition with immigrants (they took our jobs), people who have safety/security concerns about immigration (build the wall), and people who oppose immigration for other reasons like nationalism/xenophobia. The disad argues that while Trump is/has become very unpopular with a lot of people because of other policy actions (tax cuts, Paris withdrawal, environmental deregulation etc) the base is primarily (or exclusively) concerned about immigration policy and thus these other issues have not “thumped” the disad. The link relies on characterizing the affirmative as “soft” on immigration, which is straightforward but slightly different for each case: • Open Borders — the easiest to argue the link. This aff removes ALL immigration restrictions, so links like “DACA” or “chain migration” obviously apply as does any other link. This case would trigger all of the base anxieties about immigration. • High Skilled Immigrants — while traditional, pro-business segments of the GOP would be in favor of high skilled immigration the base generally views any such policy as job competition. This is why Trump recently made H1-B visa applications far more cumbersome. • Refugees — since Trump recently had sessions change refugee policy, this affirmative can be cast as a “flip flop”, which is when a politician changes their stance on something.