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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. -
Joan Didion and the New Journalism
California State University, San Bernardino CSUSB ScholarWorks Theses Digitization Project John M. Pfau Library 1986 Joan Didion and the new journalism Jean Gillingwators Follow this and additional works at: https://scholarworks.lib.csusb.edu/etd-project Part of the American Literature Commons Recommended Citation Gillingwators, Jean, "Joan Didion and the new journalism" (1986). Theses Digitization Project. 417. https://scholarworks.lib.csusb.edu/etd-project/417 This Thesis is brought to you for free and open access by the John M. Pfau Library at CSUSB ScholarWorks. It has been accepted for inclusion in Theses Digitization Project by an authorized administrator of CSUSB ScholarWorks. For more information, please contact [email protected]. JOAN DIDION AND THE NEW JOURNALISM A Thesis Presented to the Faculty of California State University, San Bernardino In Partial Fulfillment of the Requirements for the Degree Master of Arts in English Composition by Jean Gillingwators June 1986 JOAN DIDION AND THE NEW JOURNALISM ■ ■ A Thesis Presented to the Faculty of California State University, San Bernardino by Jean ^i^ingwators June 1986 Approved by: Jw IT m Chair Date Abstract Most texts designed to teach writing include primarily non-fiction models. Most teachers, though, have been trained in the belles lettres tradition, and their competence usually lies with fiction Or poetry. Cultural preference has traditionally held that fiction is the most important form of literature. Analyzing a selection of twentieth century non-fiction prose is difficult; there are too few resources, and conventional analytical methods too often do not fit modern non-fiction. The new journalism, a recent literary genre, is especially difficult to "teach" because it blends fictive and journalistic techniques. -
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. -
Slouching Towards Bethlehem: Essays by Joan Didion
Slouching Towards Bethlehem: Essays by Joan Didion This collection captures the unique time and place of Didion's focus, exploring subjects such as John Wayne and Howard Hughes, growing up in California, the nature of good and evil in a Death Valley motel room, and, especially, the essence of San Francisco's Haight-Ashbury, the heart of the counterculture.. Why you'll like it: 1960s California, a motley crew, mainstream- and counter-culture. About the Author: Born in Sacramento, California, on December 5, 1934, Joan Didion received a B.A. from the University of California, Berkeley in 1956. She wrote for Vogue from 1956 to 1963, and was visiting regent's lecturer in English at the University of California, Berkeley in 1976. Didion also published novels, short stories, social commentary, and essays. Her work often comments on social disorder. Didion wrote for years on her native California; from there her perspective broadened and turned to the countries of Central America and Southeast Asia. Her novels include Democracy (1984) and The Last Thing He Wanted (1996). Well known nonfiction titles include Slouching Towards Bethlehem (1968), The White Album (1979), The Year of Magical Thinking (2005) and Blue Nights (2011). In 1971 Joan Didion was nominated for the National Book Award in fiction for Play It As It Lays. In 1981 she received the American Book Award in nonfiction, and was nominated for a National Book Critics Circle Prize in nonfiction for The White Album. Didion has received a great deal of recognition for The Year of Magical Thinking, which was awarded the National Book Award for Nonfiction in 2005. -
Sinclair 2016
GOLDEN AGE HEROES: THE AMERICAN MYTH OF WOODWARD AND BERNSTEIN A Senior Thesis submitted to the Faculty of the College of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Bachelor of Arts in American Studies By Lauren Louise Sinclair Washington, D.C. April 27, 2016 GOLDEN AGE HEROES: THE AMERICAN MYTH OF WOODWARD AND BERNSTEIN Lauren Louise Sinclair Thesis Adviser: Professor Brian Hochman, Ph. D. ABSTRACT The Watergate scandal of the 1970s is one of the greatest presidential scandals in American history. In an elaborate scheme in quest for more power, President Richard Nixon and his administration performed unconstitutional acts of corruption while in the White House. These acts were brought to the public by the media and the investigative reporting done on the scandal. Carl Bernstein and Bob Woodward are two of the most famous investigative journalists in American history due to their work on the scandal at The Washington Post. After the scandal had passed and Richard Nixon resigned from his presidency, Woodward and Bernstein wrote a book in 1974 telling of their experience reporting on Watergate titled All the President’s Men. This book was then made into an iconic film in 1976. The release of the book and film created a narrative of the two reporters as heroic journalists and propelled them into the public eye and popular culture. Woodward and Bernstein became poster children of investigative journalism, and my research aims to highlight the portrayal of the David and Goliath archetype applied to the journalists reporting the wrongdoings of the Nixon administration. -
Horizontal and Vertical Themes in Joan Didion's Memoir Where I Was From
RSA 15-16 (2004-2005) CRISTINA SCATAMACCHIA Horizontal and Vertical Themes in Joan Didion's Memoir Where I Was From 1. According to Katherine Usher Henderson, "Few American writers are 'American' in all the ways that Joan Didion is" (140). Didion, a celebrat ed journalist and fiction writer, has published five novels and several col lections of essays, from Slouching Towards Bethlehem (1968) and The White Album (1979), highly influential and groundbreaking examples of new journalism investigating themes like social fragmentation and rootless ness, to the more recent PoliticalFictions (2001) on the workings of Amer ican electoral politics, and Fixed Ideas: America Since 9.11 (2003), a dis section of the Bush administration's tactics and strategies for determin ing the public perception of the terrorist attacks and the war in Iraq that followed. While writing on so many different subjects, she has always analyzed and interpreted them from a highly personal viewpoint and a specific Western ideological perspective. Didion, in fact, was born in Sacramento in 1934 into an upper-middle class family and her work reflects her experience as an American and a Californian. Her identity as a daughter of California has caused many of her essays to be both region al and autobiographical in focus (Winchell 94; Muggli 402; Roiphe 1-2). The mythology of her native state figures prominently in them, as she seeks to render the moral complexity of the American Western experi ence, its dilemmas and ambiguities. Even when she deals with larger social and economic forces at work in contemporary American politics, she understands them in terms of her own peculiarly Californian sensi bility (Davidson 36; Didion, "Thinking" 10). -
“'The Paranoia Was Fulfilled' – an Analysis of Joan Didion's
“‘THE PARANOIA WAS FULFILLED’ – AN ANALYSIS OF JOAN DIDION’S ESSAY ‘THE WHITE ALBUM’” Rachele Colombo Independent Scholar ABSTRACT This article looks at Joan Didion’s essay “The White Album” from the collection of essays The White Album (1979), as a relevant text to reflect upon America’s turmoil in the sixties, and investigate in particular the subject of paranoia. “The White Album” represents numerous historical events from the 1960s, but the central role is played by the Manson Murders case, which the author considers it to be the sixties’ watershed. This event–along with many others–shaped Didion’s perception of that period, fueling a paranoid tendency that reflected in her writing. Didion appears to be in search of a connection between her growing anxiety and these violent events throughout the whole essay, in an attempt to understand the origin of her paranoia. Indeed, “The White Album” deals with a period in Didion’s life characterized by deep nervousness, caused mainly by her increasing inability to make sense of the events surrounding her, the Manson Murders being the most inexplicable one. Conse- quently, Didion seems to ask whether her anxiety and paranoia are justified by the numerous violent events taking place in the US during the sixties, or if she is giving a paranoid interpretation of com- pletely neutral and common events. Because of her inability to find actual connections between the events surrounding her, in particular political assassinations, Didion realizes she feels she is no longer able to fulfill her main duty as a writer: to tell a story. -
“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. -
Mr. Claro -- Modern Nonfiction Reading Selection by Joan Didion Holy Water JOAN DIDION Is a Fifth-Generation Californian, Born I
Untitled Document Mr. Claro -- Modern Nonfiction Reading Selection by Joan Didion Holy Water JOAN DIDION is a fifth-generation Californian, born in Sacramento (1934), who took her B.A. at Berkeley and lives in Los Angeles. Between college and marriage to the writer John Gregory Dunne, she lived in New York for seven years, where she worked as an editor for Vogue and wrote essays for the National Review and the Saturday Evening Post. In California, Didion and Dunne separately write novels and magazine articles and collaborate on screenplays. Didion's novels are Run River (1963), Play It as It Lays (1970), A Book of Common Prayer (1977), and Democracy (1984). Her collections of essays are Slouching Towards Bethlehem (1968), The White Album (1979), from which we have taken this selection, and After Henry (1992). She published Salvador in 1983, in 1987 Miami. Joan Didion is one of our best nonfiction writers. She describes the alien, simple California she grew up in and the southern California where she now lives - a landscape of drive-ins and orange groves, ocean and freeway, the Manson murders and ordinary, domestic, adulterous homicide. She has done witness to the turmoils of the decades, especially the sixties - drugs, Vietnam, and personal breakdown. Expertly sensitive and inventive with language, she is most talented in the representation of hysteria. While her book about El Salvador mentions politics, it is essentially the record of a sensibility, sensitive to fear, exposed to an atmosphere that engenders it: "Terror is the given of the place." Much of Didion's journalism derives from interviews. -
Seana Mckenna to Star in Canadian Premiere of Joan Didion’S the Year of Magical Thinking
NEWS RELEASE Monday, October 19, 2009 For immediate release SEANA MCKENNA TO STAR IN CANADIAN PREMIERE OF JOAN DIDION’S THE YEAR OF MAGICAL THINKING "Remarkable. It will break your heart." The New York Times October 19, 2009 - Seana McKenna, one of this country’s finest actors, will star in the Canadian premiere of Joan Didion’s The Year of Magical Thinking at the Belfry Theatre from November 10 to December 13, 2009. Directed by Belfry Artistic Director Michael Shamata, The Year of Magical Thinking is based on Didion’s best selling memoir of the same name. In The Year of Magical Thinking, Didion, one of America’s great essayists and novelists, captures the compassion, humour and bewilderment of a fiercely intelligent woman whose world lurches suddenly from the ordinary to the unimaginable. This is Didion’s attempt to make sense of the “weeks and then months that cut loose any fixed idea I ever had about death, about illness . about marriage and children and memory . about the shallowness of sanity, about life itself.” Told with raw candour and a storyteller’s gift for the absurd, this magnificently written meditation on grief – ‘a place none of us know until we reach it’ – is also a celebration of family, filled with a luminous belief in the power of the human spirit to overcome heartbreak and to endure. Joan Didion Joan Didion was born in Sacramento, California. In 1964, she married John Gregory Dunne, an aspiring novelist who was writing for Time magazine. The couple moved to Los Angeles with the intention of staying six months and ended up making their home there for the next 20 years. -
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.