By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 9:30am
(Updated below)
In another round of the legal battle over the records of Twitter users sought by the government in connection with its WikiLeaks investigation, the ACLU and the Electronic Frontier Foundation (EFF) are appearing before a federal appeals court in Richmond this morning, arguing that the public has a right to know about secret court orders and other documents related to government efforts to obtain Internet users’ private information without a warrant.
By Zach Levine, ACLU National Security Project at 5:18pm
With the world watching, a pre-trial hearing got underway this week in the Guantánamo military commission prosecution of the five alleged 9/11 co-conspirators. Prime among the issues before the military judge was how transparent the commissions will be. The ACLU’s Hina Shamsi argued our motion in support of the public’s constitutional right of access to the proceedings – and against the government’s unconstitutional effort to prevent the public from hearing defendants’ testimony of their torture and abuse in U.S. custody.
By Mitra Ebadolahi, Legal Fellow, ACLU National Security Project at 10:55am
In April 2011, the ACLU filed a Freedom of Information Act request seeking a narrow yet critically important set of government documents: internal CIA reports detailing the use of unauthorized interrogation techniques at its secret overseas prisons, also known as “black sites” (you can read the request here). Investigative news coverage and earlier FOIA requests had alerted us to the potential existence of many such reports. Most notably, in August 2009 – in connection with a separate ACLU FOIA request – the government had released a partially-redacted version of one report, the Special Review: Counterterrorism Detention and Interrogation Activities (September 2001–October 2003).
By Zachary Katznelson, Senior Staff Attorney, ACLU National Security Project at 4:36pm
Today, just weeks after the ACLU filed a Freedom of Information Act request seeking the information, the government released the names of 55 of the prisoners approved for transfer from the prison at Guantánamo Bay. The prisoners were unanimously designated for transfer by President Obama’s inter-agency Guantánamo Bay Review Task Force, which announced a summary of its findings in January 2010. But before today, the government had said the list could not be released because doing so would hamper efforts to repatriate and resettle prisoners in other countries.
By Brett Max Kaufman, Legal Fellow, ACLU National Security Project at 7:41am
This morning the ACLU will appear before the D.C. Circuit Court of Appeals in our Freedom of Information Act lawsuit seeking records about the CIA’s use of drone aircraft to carry out targeted killings around the world. We will argue that the court should put an end to the government’s double game of selectively disclosing information about the program in public while obstinately refusing to confirm or deny the very existence of the program in federal court.
By Brett Max Kaufman, Legal Fellow, ACLU National Security Project at 3:59pm
Today, ProPublica published an important and illuminating news article and accompanying interactive web feature that demonstrates just how duplicitous the government is being regarding the CIA’s targeted killing program.
As we’ve argued in our Freedom of Information Act lawsuit seeking records about the CIA’s use of drones to carry out targeted killings around the world, the government continues to claim that it can neither confirm nor deny whether it even has a drone-strike program at all, despite the numerous public statements of government officials discussing the CIA’s drone program. This is an untenable position, and next Thursday, we will be making that argument before the federal appeals court in Washington, D.C.
By Alex Abdo, Staff Attorney, ACLU National Security Project at 4:10pm
In Guantánamo Bay last week, I had an enlightening opportunity to talk with Brigadier General Mark Martins—the Chief Prosecutor of the military commissions—along with a handful of other NGO observers of the commissions. There was no agenda for our meeting, but we quickly launched into a vibrant discussion of the wisdom and legality of the military commissions.
Earlier this week, ProPublica published an article discussing the government’s attempts to censor the statements of the defendants in the 9/11 Guantanamo military commission trials. The article’s well worth reading because it discusses in detail the government’s arguments for censorship, as well as legal challenges brought by the ACLU, media organizations, and one of the 9/11 defendants’ lawyers.
By Alex Abdo, Staff Attorney, ACLU National Security Project at 5:08pm
At the Naval Base in Guantanamo Bay this week, military commission proceedings have resumed in the capital case against Abd al-Rahim Hussayn Muhammad al-Nashiri, a 47-year-old citizen of Saudi Arabia, who is facing a possible death sentence for his alleged involvement in the bombing of the destroyer USS Cole over a decade ago. Apprehended in 2002, Mr. al-Nashiri was held by the CIA for four years in secret before his transfer to military custody. According to a 2004 CIA Inspector General report, he was waterboarded and threatened during an interrogation with a power drill and handgun.
We just marked the 40th anniversary of the Watergate break-in, when five burglars associated with the White House were caught in the Democratic Party headquarters at the Watergate office complex in Washington, DC. The burglary unleashed a series of revelations of misdeeds that eventually led to the resignation of President Richard Nixon on August 9, 1974.
