Blog of Rights

Gabe
Rottman

Gabe Rottman is a legislative counsel/policy advisor in the ACLU’s Washington Legislative Office, focusing on the First Amendment. Gabe served as an attorney in private practice before coming back to the ACLU. Prior to law school, Gabe worked in the WLO as a senior writer and communications specialist. Gabe has a J.D. magna cum laude from the Georgetown University Law Center, where he was a notes editor of the Georgetown Law Journal, and a B.A. from McGill University in political science and history, where he was on the dean’s honors list.

Gitmo's Legal Niceties

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 3:04pm
Just wanted to highlight this comment to an earlier post. It gets right to one of the key legal distinctions between post-9/11 detention policy and the supposed "historical precedent" constantly cited by all the president's men (and women). Remember, Gitmo is a totally unique monster; it's an American base, under complete American control, wit

Poignancy

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:51am
I just came across this comment on Mr. HC's MySpace page. Thought I'd share.
My husband was a Vietnam vet and a POW who was tortured by his North Vietnamese captors. He suffered from his injuries for the over thirty years until his fatal heart attack 22 months ago. His nightmare screams still haunt my sleep. It is overwhelmingly important tha

Tragic High Court Buck-Passing

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 6:05pm
The Supreme Court, by a vote of 6-3 (the same line-up that refused in February to hear a constitutional challenge to the habeas provision in the MCA), refused to hear a plea by alleged Bin Laden driver Salim Ahmed Hamdan and Canadian national Omar Khadr, aged 15 at the time of his alleged offense, for the Court to examine the constitutionality of the system. Wit

Habeas Sighting: California

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 9:26am
It appears that Habeas has been spotted in California! Here is the latest dispatch, sent to us by e-mail:
You know, I don't always like my neighbors. I know what the commandment is, to love them as myself, but sometimes people are just hard to get along with. However ... one night, my neighbor was pla

McCain: Close Guantanamo?

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:24am
Fox News Sunday launched its "Choosing the President" series yesterday in an exclusive interview with Arizona Senator John McCain. Asked how he would "fight the war on terror differently," McCain affirmatively stated that he would "probably announce the closing of Guantanamo Bay." Now, this raises some

Retracting Those Talons...

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 12:50pm
Though not directly related to Gitmo, habeas or military detentions, the Talon snoop program was a key "innovation" of the Cambone-Rumsfeld DOD domestic intelligence upswing, which also was the lead bureaucracy behind the creation of Gitmo legal black hole. An ACLU Freedom of Information Act request was directly responsible for revealing Talon's abuses (see the sweet Read More»

The Nomenclature of Abstraction

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:33am
One has to wonder how this plays out for the detainees held as combatants in whaddyamacallitnow?
When the Bush administration has sought to explain its strategy for fighting terrorism, it has often said the United States is involved in a “long war” against Islamic e

Gonzales Hearts Habeas—Not!

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:44am
In this US Attorney scandal rundown, LA Times Justice Correspondent Rick Schmitt links Gonzales’s infamous (yet overshadowed) constitutional confusion over habeas with concerns about the attorney general’s general engagement

The Conservative Hidden Agenda: Restore Habeas?!!!

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:50am
Among the various conservative luminaries—Newt Gingrich being one of the more recent—calling for a Gonzales resignation, are the principals of a new organization, the American Freedom Agenda. But, aside from the USA scandal, the AFA’s complaints are deeper and more profound. I offer you, ladies and gentlemen, the AFA’s hidden agenda:
  • Prohibit military commissions whose verdicts are suspect except in places of active hostilities where a battlefield tribunal is necessary to obtain fresh testimony or to prevent anarchy;
  • Prohibit the use of secret evidence or evidence obtained by torture or coercion in military or civilian tribunals;
  • Prohibit the detention of American citizens as unlawful enemy combatants without proof of criminal activity on the President’s say-so;
  • Restore habeas corpus for alleged alien enemy combatants, i.e., non-citizens who have allegedly participated in active hostilities against the United States, to protect the innocent;
  • Prohibit the National Security Agency from intercepting phone conversations or emails or breaking and entering homes on the President’s say-so in violation of federal law;
  • Empower the House of Representatives and the Senate collectively to challenge in the Supreme Court the constitutionality of signing statements that declare the intent of the President to disregard duly enacted provisions of bills he has signed into law because he maintains they are unconstitutional;
  • Prohibit the executive from invoking the state secrets privilege to deny justice to victims of constitutional violations perpetrated by government officers or agents; and, establish legislative-executive committees in the House and Senate to adjudicate the withholding of information from Congress based on executive privilege that obstructs oversight and government in the sunshine;
  • Prohibit the President from kidnapping, detaining, and torturing persons abroad in collaboration with foreign governments;
  • Amend the Espionage Act to permit journalists to report on classified national security matters without fear of prosecution; and;
  • Prohibit the listing of individuals or organizations with a presence in the United States as global terrorists or global terrorist organizations based on secret evidence.

Props to the AFA signatories, all of whom sport some impeccable conservative credentials—Bruce Fein; former Congressman Bob Barr from Georgia; David Keene, chairman of the American Conservative Union ; and Richard Viguerie, the “funding father of the conservative movement.” Here’s the piece from Time.

Patriot Act Hullabaloo, Big Sky Style

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 11:17am
As the Patriot Act barrels toward final voting, the fight to attach genuine reforms is also in its endgame, with a flurry of amendments and related debates still possible next week.

Senator Feingold again deserves kudos for taking a stand for added privacy protecti
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