Detention: Law of: Legislative Development

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Detention: Law of

Magna Carta, Due Process, and the Prohibition against Arbitrary Imprisonment or Killing

Eight hundred years ago today, English barons obliged King John to sign Magna Carta.  In honor of the anniversary, I thought I might share a brief passage on the subject from my book manuscript (I'm in the midst of a long-running book project, the aim of which is to situate various post-9/11 controversies in long-term historical context).  From the current draft of my third chapter:

Covert Action: Rendition

The SSCI Report and Its Critics: Torturing Efficacy

Polarization surrounding the SSCI Report (see here for Lawfare’s coverage) has been most pronounced on the efficacy of enhanced interrogation techniques (EITs). The Report and its supporters have proclaimed that EITs never produce useful information. Unfortunately, that pat assertion undermines the possibility of a consensus on future interrogation tactics, including a consensus that rules out coercion.

Interrogation: CIA Program

Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Five

Here is the fifth and final installment in our running, side-by-side comparison of the twenty findings and conclusions of the Senate Select Committee on Intelligence's Study on the CIA's Detention and Interrogation Program---along  with responses by the Committee Minority and the CIA.

International Law

Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority, and the CIA: Part Four

In this post, we proceed with Lawfare's ongoing, side-by-side comparison of the SSCI Study's key findings, and responses to them by both the SSCI Minority as well as the CIA.

By way of reminder, the SSCI's Study made twenty findings and conclusions about the CIA's detention and interrogation practices after 9/11---twelve of which the blog has summarized so far, along with any corresponding Minority and CIA remarks.

Interrogation: Abuses

Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 3

Below you will find the third in our running comparison of broad areas of agreement and disagreement as between the Executive Summary to the Senate Intelligence Committee's Study on the CIA's Detention and Interrogation Program, the report by the Committee's Minority, and the response by the CIA itself.   The Study, you'll recall, sets forth twenty broad "findings and conclusions," many of which the Minority and the CIA address.

Interrogation: Abuses

Senator Mark Udall Now Speaking on the Senate Floor

We only have a C-Span link thus far, but will embed video, and post a transcript, when and if one or the other becomes available.

The outgoing Democrat and member of the Senate Intelligence Committee is addressing the Committee's Study, released yesterday; and, among other things, the search of Committee staffers' computers by the CIA.

NIAC: Conflict with IHRL

Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 2

Below, you will find the second installment in our ongoing effort to identify, in summary form, key areas of dispute as between the SSCI, the SSCI minority, and the CIA with regard the CIA's detention and interrogation program. As you surely know by now, all three today released long-anticipated reports regarding the CIA's post-9/11 detention and interrogation activities. 

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