Rendition
Jury Still Out on Al-Libi Rendition

Jury Still Out on Al-Libi Rendition

The rendition of al-Qaeda operative Abu Anas al-Libi by American forces over the weekend in Tripoli raises a host of troubling legal questions. But the answer to one of them—what to do with him now—is clear. He should be transferred to a civilian court in the United...

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Has the Rendition Program Disappeared?

Has the Rendition Program Disappeared?

The day after Barack Obama took office, he signed a series of executive orders mandating the closure of the prison at Guantanamo Bay, Cuba, as well as the global network of secret, CIA-run “black site” prisons. In addition, he committed the United States to observe the Geneva Conventions and the Convention Against Torture. More than two years later, the Obama administration has not followed through on most of these promises, even reversing several commitments.

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The CIA’s Lawyer Problem

The CIA’s Lawyer Problem

Citizens on both sides of the political divide are outraged at the recently released Department of Justice report on the Bush administration’s torture memos, and what it shows about the lawyers who compiled those legal weapons and subverted the law. But while debate rages over whether or not legal pugilists John C. Yoo and Jay S. Bybee ought to be subjected to disciplinary action for their loose interpretation of laws prohibiting torture, the media is ignoring an equally disturbing issue. Buried in the weighty study from the department’s Office of Professional Responsibility is evidence that points directly at the Central Intelligence Agency. When it came to “enhanced interrogation techniques” — the carefully parsed phrase for torture — the lawyers at Langley don’t seem to have applied a sniff test to these controversial policies.

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The Other Guantanamo

On the small, remote island of Diego Garcia, in the Indian Ocean halfway between Africa and Indonesia, the United States has one of the most secretive military bases in the world. From its position almost 10,000 miles closer to the Persian Gulf than the east coast of the United States, this huge U.S. air and naval base has been a major, if little known, launch pad for the wars in Iraq and Afghanistan. In the past year, the Bush administration has made improvements that point toward its use in a possible attack on Iran. The administration recently admitted what it had long denied and what journalists, human rights investigators, and others had long suspected: The island has also been part of the CIA’s secret “rendition” program for captured terrorist suspects.

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Secrecy and Foreign Policy

Since the beginning of the republic, U.S. presidents have used some form of secrecy in the course of governing. In the wake of the Watergate scandal, congressional hearings in the 1970s and the disclosure of covert U.S. programs of assassination and destabilization overseas temporarily reduced the scope of secret activities sponsored by the executive branch. From the 1980s on, however, presidents have come to rely increasingly on secrecy-related practices. Though the U.S. Constitution does not explicitly grant executive secrecy in the list of Article II powers, presidents have increased their powers through legislation, the federal courts’ recognition of legal defenses to conceal information, and responses to the ongoing threat of terrorism.

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Truth, Justice, and the Un-American Way

My organization, the Institute for Policy Studies, gave its annual human rights award this fall to Maher Arar, an innocent man the Bush administration falsely accused of being linked to Al Qaeda. His chilling case represents an opportunity for the new Democratic leadership in Congress to show the world that America has not entirely forgotten its proud history on human rights.

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