The Oath a Film by Laura Poitras
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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. -
Day Two of Military Judge Questioning 9/11 Accused About Self-Representation
Public amnesty international USA Guantánamo: Day two of military judge questioning 9/11 accused about self-representation 11 July 2008 AI Index: AMR 51/077/2008 On 10 July 2008, military commission judge US Marine Colonel Ralph Kohlmann held further proceedings to question the men accused of orchestrating the attacks of 11 September 2001 about their decision to represent themselves at their forthcoming death penalty trial in the US Naval Base in Guantánamo Bay, Cuba. Amnesty International had an observer at the proceedings. The primary purpose of the hearings was to inquire of each of the accused individually about whether they had been intimidated before or during their arraignment on 5 June 2008 into making a choice to represent themselves, or whether this decision had been made knowingly and voluntarily. Judge Kohlmann had questioned two of the accused, ‘Ali ‘Abd al-‘Aziz ‘Ali (‘Ammar al Baluchi) and Mustafa al Hawsawi at individual sessions held on 9 July (see http://www.amnesty.org/en/library/info/AMR51/076/2008/en). He had scheduled sessions for the other three men, Khalid Sheikh Mohammed, Walid bin Attash and Ramzi bin al-Shibh on 10 July. In the event, Ramzi bin al-Shibh refused to come to his session. It seems unlikely that the military judge will question him again on the matter of legal representation until the issue of Ramzi bin al-Shibh’s mental competency is addressed at a hearing scheduled to take place next month (see http://www.amnesty.org/en/library/info/AMR51/074/2008/en). Both Khalid Sheikh Mohammed and Walid bin Attash denied that they had been intimidated or that any intimidation had taken place. -
Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
Pakistan's Nuclear Weapons
Pakistan’s Nuclear Weapons Paul K. Kerr Analyst in Nonproliferation Mary Beth Nikitin Specialist in Nonproliferation August 1, 2016 Congressional Research Service 7-5700 www.crs.gov RL34248 Pakistan’s Nuclear Weapons Summary Pakistan’s nuclear arsenal probably consists of approximately 110-130 nuclear warheads, although it could have more. Islamabad is producing fissile material, adding to related production facilities, and deploying additional nuclear weapons and new types of delivery vehicles. Pakistan’s nuclear arsenal is widely regarded as designed to dissuade India from taking military action against Pakistan, but Islamabad’s expansion of its nuclear arsenal, development of new types of nuclear weapons, and adoption of a doctrine called “full spectrum deterrence” have led some observers to express concern about an increased risk of nuclear conflict between Pakistan and India, which also continues to expand its nuclear arsenal. Pakistan has in recent years taken a number of steps to increase international confidence in the security of its nuclear arsenal. Moreover, Pakistani and U.S. officials argue that, since the 2004 revelations about a procurement network run by former Pakistani nuclear official A.Q. Khan, Islamabad has taken a number of steps to improve its nuclear security and to prevent further proliferation of nuclear-related technologies and materials. A number of important initiatives, such as strengthened export control laws, improved personnel security, and international nuclear security cooperation programs, have improved Pakistan’s nuclear security. However, instability in Pakistan has called the extent and durability of these reforms into question. Some observers fear radical takeover of the Pakistani government or diversion of material or technology by personnel within Pakistan’s nuclear complex. -
SALIM AHMED HAMDAN, Petitioner, V. UNITED STATES of AMERICA
USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 1 of 65 [Oral Argument Scheduled for May 3, 2012] No. 11-1257 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA SALIM AHMED HAMDAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. Appeal From The Court Of Military Commission Review (Case No. CMCR-09-0002) REPLY BRIEF OF PETITIONER SALIM AHMED HAMDAN Adam Thurschwell Harry H. Schneider, Jr. Jahn Olson, USMC Joseph M. McMillan OFFICE OF THE CHIEF DEFENSE Charles C. Sipos COUNSEL MILITARY COMMISSIONS Rebecca S. Engrav 1099 14th Street NW Angela R. Martinez Box 37 (Ste. 2000E) Abha Khanna Washington, D.C. 20006 PERKINS COIE LLP Telephone: 202.588.0437 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Attorneys for Petitioner-Appellant Telephone: 206.359.8000 SALIM AHMED HAMDAN Attorneys for Petitioner-Appellant SALIM AHMED HAMDAN USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 2 of 65 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES The Certificate as to Parties, Rulings, and Related Cases is set forth in Petitioner-Appellant Salim Ahmed Hamdan’s Principal Brief filed on November 15, 2011, and is hereby incorporated by reference. DATED: March 8, 2012 By: /s/ Charles C. Sipos One of the attorneys for Salim Ahmed Hamdan -i- USCA Case #11-1257 Document #1362775 Filed: 03/08/2012 Page 3 of 65 TABLE OF CONTENTS Page CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES.........................................................................................................i TABLE OF AUTHORITIES..................................................................... iv GLOSSARY OF TERMS .......................................................................... xi SUMMARY OF ARGUMENT ................................................................... 1 ARGUMENT.............................................................................................. 3 I. MST Is Not Triable by Military Commission ....................... -
Duties: the Incumbent Serves As a Bodyguard in the Execution of Protective Security Operations for the U.S
U.S. Mission AMERICAN EMBASSY, NEW DELHI, INDIA Announcement Number: New Delhi-2019-084 Position Title: Bodyguard Regional Security Office (RSO) Opening Period: October 30, 2019 – November 5, 2019 Series/Position/Grade: LE-0701 /DLA-562042/05 Salary: Rs. 466,405 (annual salary) *Starting salary will be determined on the basis of qualifications and experience, and/or salary history. For More Info: Human Resources Office Mailing Address: Human Resources Office (Recruitment Team) C/o U.S. Embassy, Shantipath, Chanakyapuri, New Delhi – 110021. E-mail Address: [email protected] Who may apply: All Interested Candidates/All Sources Security Clearance Required: Local Security Certification Duration Appointment: Indefinite - subject to successful completion of probationary period Marketing Statement: We encourage you to read and understand the Eight (8) Qualities of Overseas Employees before you apply. Summary: The U.S. Embassy in New Delhi is seeking an individual for the position of Bodyguard in the Regional Security Office (RSO). The work schedule for this position: Full Time; 40 hours per week Start date: Candidate must be able to begin working within a reasonable period of time of receipt of agency authorization and/or clearances/certifications or their candidacy may end. Supervisory Position: No Duties: The incumbent serves as a Bodyguard in the execution of protective security operations for the U.S. Ambassador/Chief of Mission (COM), and other designated or visiting U.S. Government officials as directed. The incumbent will be under the supervision of the Bodyguard Supervisor and will be managed by the Regional Security Officer (RSO) to U.S. Embassy New Delhi in order to protect COM from harm and embarrassment. -
Central Intelligence Agency (CIA) Freedom of Information Act (FOIA) Case Log October 2000 - April 2002
Description of document: Central Intelligence Agency (CIA) Freedom of Information Act (FOIA) Case Log October 2000 - April 2002 Requested date: 2002 Release date: 2003 Posted date: 08-February-2021 Source of document: Information and Privacy Coordinator Central Intelligence Agency Washington, DC 20505 Fax: 703-613-3007 Filing a FOIA Records Request Online The governmentattic.org web site (“the site”) is a First Amendment free speech web site and is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. GovernmentAttic.org is not responsible for the contents of documents published on the website. 1 O ct 2000_30 April 2002 Creation Date Requester Last Name Case Subject 36802.28679 STRANEY TECHNOLOGICAL GROWTH OF INDIA; HONG KONG; CHINA AND WTO 36802.2992 CRAWFORD EIGHT DIFFERENT REQUESTS FOR REPORTS REGARDING CIA EMPLOYEES OR AGENTS 36802.43927 MONTAN EDWARD GRADY PARTIN 36802.44378 TAVAKOLI-NOURI STEPHEN FLACK GUNTHER 36810.54721 BISHOP SCIENCE OF IDENTITY FOUNDATION 36810.55028 KHEMANEY TI LEAF PRODUCTIONS, LTD. -
Print: Bush's Plan to Erode Our Liberties
Print: Bush's Plan to Erode Our Liberties http://www.thenation.com/doc/20070625/huq/print Bush's Plan to Erode Our Liberties by AZIZ HUQ June 8, 2007 Early this week, judge advocates halted two prosecutions in the Guantánamo military commissions established under the 2006 Military Commissions Act (MCA). This is not the first setback the Administration's second-tier court system has hit; the Supreme Court invalidated an earlier iteration of the commissions in 2006. And it won't be the last. But while this week's setback likely will be speedily surmounted, it casts an unexpected light on the MCA's real purposes, and what's at stake when the Bush Administration plays politics with national security. Understanding the significance of this week's ruling means delving into a bit of procedural arcana. The devil in the MCA is, almost literally, in the details--and unless we attend closely to the rococo details of the statute, we'll miss the ways in which the Administration intends to slowly erode our liberties. At the beginning of this week, the military commissions' two judges--Army Col. Peter Brownback and Navy Capt. Keith Allred--dismissed charges filed against Omar Khadr and Salim Hamdan. The rulings focused on a question of categorization--basically, the judges found that Khadr and Hamdan had been wrongly classified. But how did this happen? The MCA, which created the military commissions, states that only an alien who is an "unlawful enemy combatant" can be tried in a military commission. It also defines "unlawful enemy combatants" in tremendously sweeping terms to include anyone who has "materially supported hostilities." Many civil libertarians, including myself, expressed grave concerns about the scope of this provision. -
Habeus Corpus and Detentions at Guantanamo Bay Hearing Committee on the Judiciary House of Representatives
HABEUS CORPUS AND DETENTIONS AT GUANTANAMO BAY HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION JUNE 26, 2007 Serial No. 110–152 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 36–345 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 12:37 Jan 21, 2009 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\WORK\CONST\062607\36345.000 HJUD1 PsN: DOUGA COMMITTEE ON THE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio MAXINE WATERS, California DANIEL E. LUNGREN, California MARTIN T. MEEHAN, Massachusetts CHRIS CANNON, Utah WILLIAM D. DELAHUNT, Massachusetts RIC KELLER, Florida ROBERT WEXLER, Florida DARRELL ISSA, California LINDA T. SA´ NCHEZ, California MIKE PENCE, Indiana STEVE COHEN, Tennessee J. RANDY FORBES, Virginia HANK JOHNSON, Georgia STEVE KING, Iowa LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida BRAD SHERMAN, California TRENT FRANKS, Arizona TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas ANTHONY D. -
A Brief History of U.S.-Turkey Tensions (1960-2017) in Early October, the Arrest of a Turkish Employee at the U.S
THO FACTSHEET November 22, 2017 A Brief History of U.S.-Turkey Tensions (1960-2017) In early October, the arrest of a Turkish employee at the U.S. consulate in Istanbul prompted Washington to take an unprecedented, retaliatory measure. The U.S. announced it would suspend non-immigrant services in Turkey, its NATO ally of more than sixty years. Turkey responded in kind. While the crisis has recently been partially diffused, the spat has been called the lowest point in U.S.-Turkey relations.1 Yet the two governments have had their difficulties before. As a CFR task force described in a 2012 report, “a mythology surrounds U.S.-Turkey relations, suggesting that Washington 2 and Ankara have, through six decades, worked closely and with little friction.” While the overarching relationship remains strategic and important, here are some of the notably sour moments. June of 1964 Exchange of Letters Between President Late 1960’s Johnson and Prime Minister Inonu Sixth Fleet Clashes over Cyprus Turkish anti-American sentiment grew rapidly over ACTORS these years, particularly from left-wing elements U.S. President Lyndon B. Johnson, Turkey’s Prime concerned with Turkey’s perceived dependence Minister (PM) Ismet Inonu on the U.S. and NATO. Protests often focused on the presence of American servicemen in Turkey, CONTEXT the privileges they enjoyed, and a general desire Ethnic tensions and violence in Cyprus (home to a for a non-aligned Turkey (“bagimsiz Turkiye”). sizeable ethnic Turkish minority) led Turkey to Mass demonstrations and violent clashes broke consider an invasion of the island. out during several U.S. -
Hamdan V. Rumsfeld: Establishing a Constitutional Process
S. HRG. 109–1056 HAMDAN V. RUMSFELD: ESTABLISHING A CONSTITUTIONAL PROCESS HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION JULY 11, 2006 Serial No. J–109–95 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 43–111 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 11:01 Apr 27, 2009 Jkt 043111 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\43111.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY ARLEN SPECTER, Pennsylvania, Chairman ORRIN G. HATCH, Utah PATRICK J. LEAHY, Vermont CHARLES E. GRASSLEY, Iowa EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin JOHN CORNYN, Texas CHARLES E. SCHUMER, New York SAM BROWNBACK, Kansas RICHARD J. DURBIN, Illinois TOM COBURN, Oklahoma MICHAEL O’NEILL, Chief Counsel and Staff Director BRUCE A. COHEN, Democratic Chief Counsel and Staff Director (II) VerDate Nov 24 2008 11:01 Apr 27, 2009 Jkt 043111 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\43111.TXT SJUD1 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin, pre- pared statement .................................................................................................. -
No Torture. No Exceptions
NO TORTURE. NO EXCEPTIONS. The above sketch by Thomas V. Curtis, a former Reserve M.P. sergeant, is of New York Times an Afghan detainee, Dilawar, who was taken into U.S. custody on December 5, 2002, and died five days later. Dilawar was deprived of sleep and chained to the ceiling of his cell—techniques that the Bush administration has refused to outlaw for use by the CIA. Further, his legs were, according to a coroner, “pulpified” by repeated blows. Later evidence showed that Dilawar had no connection to the rocket attack for which he’d been apprehended. A sketch by Thomas Curtis, V. a Reserve M.P./The 16 January/February/March 2008 Introduction n most issues of the Washington Monthly, we favor ar- long-term psychological effects also haunt patients—panic ticles that we hope will launch a debate. In this issue attacks, depression, and symptoms of post-traumatic-stress Iwe seek to end one. The unifying message of the ar- disorder. It has long been prosecuted as a crime of war. In our ticles that follow is, simply, Stop. In the wake of Septem- view, it still should be. ber 11, the United States became a nation that practiced Ideally, the election in November would put an end to torture. Astonishingly—despite the repudiation of tor- this debate, but we fear it won’t. John McCain, who for so ture by experts and the revelations of Guantanamo and long was one of the leading Republican opponents of the Abu Ghraib—we remain one. As we go to press, President White House’s policy on torture, voted in February against George W.