The Cold War Endgame and NATO Transformed
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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. -
Download the Complete Event Transcript
THE BROOKINGS INSTITUTION CENTER FOR NORTHEAST ASIAN POLICY STUDIES in cooperation with the ASIA SOCIETY HONG KONG CENTER and the FACULTY OF SOCIAL SCIENCES UNIVERSITY OF HONG KONG FULL TRANSCRIPT THE U.S.-ASIA DYNAMIC IN THE 21ST CENTURY: CHALLENGES AHEAD Tuesday, October 18, 2011 JW Marriott Hong Kong Hong Kong Proceedings prepared from an audio recording by: ANDERSON COURT REPORTING 706 Duke Street, Suite 100 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 PARTICIPANTS: Welcome Remarks: EDITH NGAN CHAN Executive Director Asia Society, Hong Kong Center JOHN BURNS Dean of Social Sciences University of Hong Kong STROBE TALBOTT President The Brookings Institution Opening Remarks: RONNIE C. CHAN Co-Chair, Asia Society Chairman, Hang Lung Properties Opening Address: DONALD TSANG Chief Executive Hong Kong Special Administrative Region PANEL I: ASIA’S CHANGING BEDFELLOWS: DE-COUPLING FROM THE U.S. AND COUPLING WITH CHINA? Moderator: ALEX FRANGOS Reporter, Asia Economies & Markets The Wall Street Journal Panelists: DONG TAO Chief Regional Economist, Asia Ex-Japan Credit Suisse BARRY BOSWORTH Senior Fellow, Economic Studies, Global Economy and Development The Brookings Institution NIGEL CHALK Mission Chief for China and Senior Advisor, Asia Pacific Department International Monetary Fund ERIC FISHWICK Head of Economic Research CLSA Ltd. LUNCHEON PANEL: CHINA’S FUTURE TRAJECTORY AND IMPLICATIONS Opening Remarks and Moderator: RONNIE C. CHAN Co-Chair, Asia Society Chairman, Hang Lung Properties Panelists: STROBE TALBOTT President The Brookings Institution VICTOR FUNG Chairman Li & Fung FRED HU Founder and Chairman, Primavera Capital Group Former Chairman, Greater China, Goldman Sachs WANG FENG Director, Brookings-Tsinghua Center Senior Fellow, Foreign Policy, Global Economy and Development The Brookings Institution PANEL II: THE EMERGING INTRA-ASIA DYNAMIC: WHERE TO FROM HERE? Moderator: MARIKO SANCHANTA Senior Editor, Asia The Wall Street Journal Panelists: C. -
DIRECTING the Disorder the CFR Is the Deep State Powerhouse Undoing and Remaking Our World
DEEP STATE DIRECTING THE Disorder The CFR is the Deep State powerhouse undoing and remaking our world. 2 by William F. Jasper The nationalist vs. globalist conflict is not merely an he whole world has gone insane ideological struggle between shadowy, unidentifiable and the lunatics are in charge of T the asylum. At least it looks that forces; it is a struggle with organized globalists who have way to any rational person surveying the very real, identifiable, powerful organizations and networks escalating revolutions that have engulfed the planet in the year 2020. The revolu- operating incessantly to undermine and subvert our tions to which we refer are the COVID- constitutional Republic and our Christian-style civilization. 19 revolution and the Black Lives Matter revolution, which, combined, are wreak- ing unprecedented havoc and destruction — political, social, economic, moral, and spiritual — worldwide. As we will show, these two seemingly unrelated upheavals are very closely tied together, and are but the latest and most profound manifesta- tions of a global revolutionary transfor- mation that has been under way for many years. Both of these revolutions are being stoked and orchestrated by elitist forces that intend to unmake the United States of America and extinguish liberty as we know it everywhere. In his famous “Lectures on the French Revolution,” delivered at Cambridge University between 1895 and 1899, the distinguished British historian and states- man John Emerich Dalberg, more com- monly known as Lord Acton, noted: “The appalling thing in the French Revolution is not the tumult, but the design. Through all the fire and smoke we perceive the evidence of calculating organization. -
Annual Report
COUNCIL ON FOREIGN RELATIONS ANNUAL REPORT July 1,1996-June 30,1997 Main Office Washington Office The Harold Pratt House 1779 Massachusetts Avenue, N.W. 58 East 68th Street, New York, NY 10021 Washington, DC 20036 Tel. (212) 434-9400; Fax (212) 861-1789 Tel. (202) 518-3400; Fax (202) 986-2984 Website www. foreignrela tions. org e-mail publicaffairs@email. cfr. org OFFICERS AND DIRECTORS, 1997-98 Officers Directors Charlayne Hunter-Gault Peter G. Peterson Term Expiring 1998 Frank Savage* Chairman of the Board Peggy Dulany Laura D'Andrea Tyson Maurice R. Greenberg Robert F Erburu Leslie H. Gelb Vice Chairman Karen Elliott House ex officio Leslie H. Gelb Joshua Lederberg President Vincent A. Mai Honorary Officers Michael P Peters Garrick Utley and Directors Emeriti Senior Vice President Term Expiring 1999 Douglas Dillon and Chief Operating Officer Carla A. Hills Caryl R Haskins Alton Frye Robert D. Hormats Grayson Kirk Senior Vice President William J. McDonough Charles McC. Mathias, Jr. Paula J. Dobriansky Theodore C. Sorensen James A. Perkins Vice President, Washington Program George Soros David Rockefeller Gary C. Hufbauer Paul A. Volcker Honorary Chairman Vice President, Director of Studies Robert A. Scalapino Term Expiring 2000 David Kellogg Cyrus R. Vance Jessica R Einhorn Vice President, Communications Glenn E. Watts and Corporate Affairs Louis V Gerstner, Jr. Abraham F. Lowenthal Hanna Holborn Gray Vice President and Maurice R. Greenberg Deputy National Director George J. Mitchell Janice L. Murray Warren B. Rudman Vice President and Treasurer Term Expiring 2001 Karen M. Sughrue Lee Cullum Vice President, Programs Mario L. Baeza and Media Projects Thomas R. -
On American Exceptionalism
FOREWORD On American Exceptionalism Harold Hongju Koh* IN TRO DU CTION .................................................................................................... 1480 I. UNPACKING "AMERICAN EXCEPTIONALISM ................................................. 1480 II. THE OVERLOOKED FACE OF AMERICAN EXCEPTIONALISM ........................... 1487 III. RESPONDING TO AMERICAN EXCEPTIONALISM: THE BUSH DOCTRINE A FTER SEPTEM BER 11 ......................................................................................... 1495 A . F our R esp onses ................................................................................ 1495 B. The Emerging Bush Doctrine........................................................... 1497 C. Addressing Exceptionalism Through TransnationalLegal Process.......................................................................... 1501 1. The globaljustice system .................................................................. 1503 2. 9/11 detainees................................................................................... 1509 3. Use offorce in Iraq........................................................................... 1515 C ON C LU SIO N ....................................................................................................... 1526 * © 2003 Harold Hongju Koh, Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School; Assistant Secretary of State for Democracy, Human Rights and Labor, 1998-2001. This Article derives from the keynote speech for the Stanford -
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. -
May 28 - 30, 2014
UNITED STATES FOREIGN POLICY COLLOQUIUM May 28 - 30, 2014 WASHINGTON, D.C. THE NATIONAL COMMITTEE ON U.S. - CHINA RELATIONS In cooperation with 美中关系全国委员会 美国外交政策学术论坛 Discover how American UNITED STATES FOREIGN POLICY foreign policy is formulated from experts in the field COLLOQUIUM Discuss foreign policy events A three-day conference designed to help and issues with leading Chinese graduate students understand policymakers, academics, journalists, and business and the complex forces that influence & NGO leaders shape American foreign policy Develop new friendships with fellow PRC students studying May 28 - 30, 2014 WASHINGTON, D.C. at institutions across the United States Chinese Ambassador to the United States Zhang Yesui chats with 2012 Foreign Policy Colloquium (FPC) participants during our opening reception. 1 美国外交政策学术论坛 UNITED STATES FOREIGN POLICY Day 1 Opening night program & keynote address COLLOQUIUM Networking reception with fellow FPC participants, speakers, and special guests Day 2 Introduction & overview of the program Ideals & interests in U.S. foreign policy Making of U.S. foreign policy Marketplace of ideas Role of the media in U.S. foreign policy Off-site visits & briefings Day 3 Discussion with a senior U.S. government official Questions of liberty & security U.S. foreign policy round-up Site visit reports The future of U.S.-China relations The above reflects programs from previous sessions of the FPC. Our 2014 schedule will be confirmed by late April and may include different sessions. A sampling of past speakers Our speakers hail from diverse backgrounds and include current and former Administration officials and members of Congress, as well as representatives from academia, the military, think tanks, media, business, and lobbying groups, among others. -
Government for a Digital Economy 77
EDITED BY NICHOLAS BURNS AND JONATHON PRICE CONTRIBUTORS INCLUDE: Graham Allision; Zoë Baird; Robert D. Blackwill; Nicholas Burns; James Cartwright; John Dowdy; Peter Feaver; Niall Ferguson; Stephen Hadley; Jennifer M. Harris; Christopher Kirchhoff; Jane Holl Lute; Joseph S. Nye; Thomas Pritzker; Kirk Rieckhoff; John Sawers; Julianne Smith; James Steinberg; Douglas Stuart; Dov Zakheim; Leah Joy Zell Copyright © 2016 by The Aspen Institute The Aspen Institute One Dupont Circle, N.W. Suite 700 Washington, DC 20036 Published in the United States of America in 2016 by The Aspen Institute All rights reserved Printed in the United States of America ISBN: 0-89843-650-8 Wye Publication Number: 16/013 Cover design by: Steve Johnson Interior layout by: Sogand Sepassi aspen strategy group CHAIR EMERITUS MEMBERS Brent Scowcroft Madeleine K. Albright President Chair The Scowcroft Group, Inc. Albright Stonebridge Group Graham Allison CO-CHAIR Director Belfer Center for Science and Joseph S. Nye, Jr. International Affairs University Distinguished Service Professor John F. Kennedy School of Government John F. Kennedy School of Government Harvard University Harvard University Zoë Baird CEO and President DIRECTOR Markle Foundation Nicholas Burns Stephen Biegun Goodman Family Professor of Diplomacy Vice President and International Relations Ford Motor Company John F. Kennedy School of Government Harvard University Robert D. Blackwill Henry A. Kissinger Senior Fellow for U.S. Foreign Policy DEPUTY DIRECTOR Council on Foreign Relations Jonathon Price Kurt Campbell Deputy Director Chairman and CEO Aspen Strategy Group The Asia Group, LLC James E. Cartwright Harold Brown Chair in Defense Policy Studies ASPEN INSTITUTE PRESIDENT Center for Strategic and International Studies Walter Isaacson Eliot Cohen President and CEO Robert E. -
Mapping the Jihadist Threat: the War on Terror Since 9/11
Campbell • Darsie Mapping the Jihadist Threat A Report of the Aspen Strategy Group 06-016 imeless ideas and values,imeless ideas contemporary dialogue on and open-minded issues. t per understanding in a nonpartisanper understanding and non-ideological setting. f e o e he mission ofhe mission enlightened leadership, foster is to Institute Aspen the d n T io ciat e r p Through seminars, policy programs, initiatives, development and leadership conferences the Institute and its international partners seek to promote the pursuit of the pursuit partners and its international promote seek to the Institute and ground common the ap Mapping the Jihadist Threat: The War on Terror Since 9/11 A Report of the Aspen Strategy Group Kurt M. Campbell, Editor Willow Darsie, Editor u Co-Chairmen Joseph S. Nye, Jr. Brent Scowcroft To obtain additional copies of this report, please contact: The Aspen Institute Fulfillment Office P.O. Box 222 109 Houghton Lab Lane Queenstown, Maryland 21658 Phone: (410) 820-5338 Fax: (410) 827-9174 E-mail: [email protected] For all other inquiries, please contact: The Aspen Institute Aspen Strategy Group Suite 700 One Dupont Circle, NW Washington, DC 20036 Phone: (202) 736-5800 Fax: (202) 467-0790 Copyright © 2006 The Aspen Institute Published in the United States of America 2006 by The Aspen Institute All rights reserved Printed in the United States of America ISBN: 0-89843-456-4 Inv No.: 06-016 CONTENTS DISCUSSANTS AND GUEST EXPERTS . 1 AGENDA . 5 WORKSHOP SCENE SETTER AND DISCUSSION GUIDE Kurt M. Campbell Aspen Strategy Group Workshop August 5-10, 2005 . -
“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. -
Congressional Record—Senate S1432
S1432 CONGRESSIONAL RECORD — SENATE February 25, 2019 a second staff person to accompany him or letter signed by 58 former national se- nancial Intelligence from 2011 to 2015 and as her on the dais he or she must make a re- curity officials, who served under Re- Deputy Director of the Central Intelligence quest to the Chairman for that purpose. publican and Democratic administra- Agency from 2015 to 2017. RULE 8. COINAGE LEGISLATION l. Eliot A. Cohen served as Counselor of the tions, criticizing President Trump’s U.S. Department of State from 2007 to 2009. At least 67 Senators must cosponsor any declaration of a national emergency to m. Ryan Crocker served as U.S. Ambas- gold medal or commemorative coin bill or build a wall on our southern border be sador to Afghanistan from 2011 to 2012, as resolution before consideration by the Com- printed in the RECORD. U.S. Ambassador to Iraq from 2007 to 2009, as mittee. There being no objection, the mate- U.S. Ambassador to Pakistan from 2004 to EXTRACTS FROM THE STANDING RULES OF THE rial was ordered to be printed in the 2007, as U.S. Ambassador to Syria from 1998 SENATE RECORD, as follows: to 2001, as U.S. Ambassador to Kuwait from RULE XXV, STANDING COMMITTEES 1994 to 1997, and U.S. Ambassador to Lebanon JOINT DECLARATION OF FORMER UNITED from 1990 to 1993. 1. The following standing committees shall STATES GOVERNMENT OFFICIALS be appointed at the commencement of each n. Thomas Donilon served as National Se- We, the undersigned, declare as follows. -
Asia-2015/03/31
1 ASIA-2015/03/31 THE BROOKINGS INSTITUTION THE UNITED STATES AND CENTRAL ASIA: AN ENDURING VISION FOR PARTNERSHIP AND CONNECTIVITY IN THE 21st CENTURY AN ADDRESS BY DEPUTY SECRETARY OF STATE ANTONY BLINKEN Washington, D.C. Tuesday, March 31, 2015 Introduction: FIONA HILL Senior Fellow and Director, Center on the United States and Europe The Brookings Institution Featured Speaker: ANTONY J. BLINKEN Deputy Secretary United States Department of State Moderator: STROBE TALBOTT President The Brookings Institution * * * * * ANDERSON COURT REPORTING 706 Duke Street, Suite 100 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 2 ASIA-2015/03/31 P R O C E E D I N G S MS. HILL: Ladies and gentlemen, it’s my great pleasure to welcome all of you here today. I’m Fiona Hill, the director of the Center on the United States and Europe, and I’d like to extend a welcome on behalf of the Brookings Foreign Policy program and also the Global Economy and Development program here at Brookings for an address by our Deputy Secretary of State, Tony Blinken, who is going to be launching a new U.S. strategy for engagement with Central Asia. I think most of you are already familiar with Tony Blinken, but, nonetheless, I would like to lay out some of the contours of his very distinguished career in government. He has been deputy secretary of state for the past several months, but also before that, he just served as the assistant to the President and deputy national security advisor. He’s also been the national security advisor to the Vice President, and for many years was the Democratic staff director at the U.S.