Government Secrecy

Government Releases List of Prisoners Approved for Transfer from Guantánamo

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.

In Court Today: Fighting the CIA's Secrecy Claims on Drones

By Brett 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.

GRAPHIC: How the Government Simultaneously Confirms AND Denies Targeted Killing

By Brett 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. 

Reporting from Guantánamo: The five uns

By Alexander 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. 

ProPublica: “Can the government declare anything a Guantanamo detainee does or says automatically classified?”

By Ateqah Khaki at 6:56pm

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.

Reporting From Guantanamo: “Why Not Get It Right the First Time?”

By Alexander 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.  

The “Watergate Moment” and the “Torture Moment”

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.

More Transparency Needed For Government's Use of National Security Powers For Data Requests From Companies

By Alexander Abdo, Staff Attorney, ACLU National Security Project at 2:27pm

Google's transparency report reveals that the U.S. government asked Google for data on its users 6,321 times during the second half of 2011—a 75% increase from two years ago.

Selective Leaks Worst of All Worlds for Free Speech

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 1:21pm

As the election summer heats up, Republicans in Congress are making hay with what they claim are selective leaks by the Obama administration, designed to bolster the president’s national security cred. At a Senate Judiciary hearing yesterday, Senator John Cornyn (R-TX) went so far as to call for Attorney General Holder’s resignation in part because of the leak issue. While the jury is decidedly out on the merits of these claims, these questions do need to be asked. If there is one thing more dangerous than over-classification of government information, it’s selective declassification for political gain.

Why Targeted Killing is “Unlawful and Dangerous”

By Ateqah Khaki & Hannah Mercuris at 2:08pm

This morning, USA Today ran an op-ed by ACLU National Security Project director, Hina Shamsi about the U.S. government’s unlawful targeted killing program. She writes:

Today, our government is killing people in countries in which the United States is not at war. It reportedly adds suspected terrorists — including U.S. citizens — to "kill lists" for months at a time, which by definition cannot be limited to genuinely imminent threats. The New York Times disclosed that the government "counts all military-age males in a strike zone as combatants" unless intelligence proves them innocent — but only after they are dead.

When mistakes are made, our nation refuses to acknowledge them and does not compensate victims. The first Yemeni missile strike President Obama authorized, in December 2009, targeted alleged militants but killed 21 children and 14 women. WikiLeaks revealed a secret agreement by Yemen to accept responsibility for the U.S. killing. Yemenis were enraged, but most Americans probably never heard about it.

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