U.S. Law and Security Digest - Issue 77 - December 21, 2005

U.S. Law and Security Digest
Issue #77 -- December 21, 2005

Human Rights First's U.S. Law and Security Digest is a weekly
report to help keep you up to date about developments in U.S.
national security law and policy that have an impact on civil
liberties and human rights. There will not be a December 29
digest issue, but we will return on January 5. Happy New Year!

THIS WEEK

HOUSE PASSES AMENDMENT TO BAN TORTURE, ADDITIONAL MEASURES MAY
WEAKEN IT

On Monday the House of Representatives passed a defense bill
with an amendment sponsored by Sen. John McCain (R-AZ) to ban
cruel, inhuman and degrading treatment of terror suspects. The
amendment applies to both the military and civilians and also
provides a defense for interrogators if they were unaware they
were breaking the law. But a measure also contained in defense
bills threatens to undercut gains made by the amendment's
adoption. Sponsored by Sen. Lindsey Graham (R-SC) and Carl Levin
(D-MI), the measure would limit Guantanamo Bay detainees' access
to federal court
http://action.humanrightsfirst.org/ct/MpwVaMs1Dule/
when challenging their detentions or sentencing. Another
provision would allow military judges at Guantanamo Bay ruling
on defendants' status as "enemy combatants" to consider
admitting evidence obtained under coercion. Human Rights First
Washington director Elisa Massimino
http://action.humanrightsfirst.org/ct/LdwVaMs1Dulq/
called the provision a "grave mistake,"
http://action.humanrightsfirst.org/ct/wdwVaMs1Dult/
adding that no civilized court in the world considers evidence
extracted through torture and abuse.
Read more.
http://action.humanrightsfirst.org/ct/w7wVaMs1Dulg/

LAWMAKERS CALL FOR REVIEW OF DOMESTIC SPY PROGRAM

Members of Congress called for a review on Sunday to decide
whether President Bush violated federal law by secretly
authorizing a program to monitor U.S. citizens and residents
suspected of terrorist ties. Two Republicans and three Democrats
on the Senate Intelligence Committee urged an investigation to
determine the program's extent and legality. Earlier, Senate
Judiciary Chairman Arlen Specter (R-PA) announced plans to hold
hearings on the matter. The president acknowledged on Saturday
he had permitted the National Security Agency to intercept
international communications of people with links to terrorist
organizations. In doing so, he bypassed federal courts and the
Foreign Intelligence Surveillance Act (FISA) courts,
http://action.humanrightsfirst.org/ct/ApwVaMs1Dulw/
which grant the FBI permission to monitor and search suspected
foreign agents in secret. Members of the administration and some
Republican senators have defended the surveillance as a
necessary executive power, but other representatives plan to
delay the Patriot Act's renewal until it contains additional
protections against government overreach.
Read more.
http://action.humanrightsfirst.org/ct/N1wVaMs1Duld/

ADMINSTRATION ARGUES AGAINST SUPREME COURT REVIEW OF INDEFINITE
DETENTIONS

The U.S. government urged the Supreme Court last week to dismiss
the case of an American citizen the government had deemed an
"enemy combatant" and held for more than three years without due
process. In a brief filed on Friday, the government argued that
the case of Jose Padilla is moot, since the administration
announced charges to try him in a civil court last month. The
charges include counts of conspiring to kidnap, murder, and
injure people overseas but do not include a bomb plot, which the
government had maintained as a reason for Padilla's longstanding
detention. Padilla's lawyers countered that the case is not moot
because the administration still considers Padilla an "enemy
combatant" and has reserved the option of returning him to
military detention if he is acquitted in a civil trial. Human
Rights First filed an amicus curiae brief
http://action.humanrightsfirst.org/ct/LpwVaMs1Dulz/
in the Supreme Court on Friday, arguing that the court should
address the issue of indefinite military detentions regardless
of Padilla's transfer to civil court. The brief was prepared by
the law firm Jones Day.
http://action.humanrightsfirst.org/ct/M7wVaMs1Dul3/
Read more.
http://action.humanrightsfirst.org/ct/NpwVaMs1DulX/

YEAR IN REVIEW

HUMAN RIGHTS FIRST HANDS OUT ITS HUMAN RIGHTS "GRADES" IN U.S.
LAW AND SECURITY FOR 2005.

CONGRESS.
New law championed by former prisoner of war John McCain
clarifies that torture, cruel, inhuman or degrading treatment
are prohibited for anyone,
http://action.humanrightsfirst.org/ct/21wVaMs1Dul4/
anywhere gathering intelligence in America's name. World's first
sign since 2001 that U.S. is still global leader in protection
of human rights.
(A)

CONGRESS.
New law suggests that evidence obtained by torture or cruel
treatment is admissible in detainee status hearings
http://action.humanrightsfirst.org/ct/L1wVaMs1Dul1/
at Guantanamo Bay. Even law's co-sponsor thinks such a provision
doesn't pass constitutional muster. On the up-side, full
employment bill for the lawyers who will challenge the use of
such evidence in the years of court battles ahead.
(D)

DEFENSE DEPARTMENT.
Six months past its deadline to comply with federal law
requiring a full report on the number, nationality and legal
status of all those held in U.S. custody worldwide. And still
denying full access of prisoners
http://action.humanrightsfirst.org/ct/NdwVaMs1Dulc/
to independent Red Cross monitors.
(D)

THE COURTS.
The Supreme Court takes up the question
http://action.humanrightsfirst.org/ct/L7wVaMs1Dula/
of whether long-delayed military commission trials at Guantanamo
Bay comport with basic U.S. and international fair trial
standards. The next month, Congress passes the sharpest
limitation
http://action.humanrightsfirst.org/ct/27wVaMs1Dulf/
on the right to habeas corpus in a century, purporting to
restrict the courts' power to hear claims of those held
indefinitely at the U.S. naval base. A blow for independent
judicial review.
(C)

THE MEDIA.
Groundbreaking reports
http://action.humanrightsfirst.org/ct/2pwVaMs1Dulv/
reveal new secret CIA prisons in Eastern Europe, adding to the
United States' global network of secret detention centers where
detainees are held incommunicado, indefinitely, and beyond the
reach of law. The whole idea of a free press.
(A)

COUNTERTERRORISM OPS.
U.S. increasingly relies on allies' cooperation in rounding up
terrorist networks of global reach. But extra-legal U.S.
detention and interrogation operations are making enemies of
even closest friends, as democracies balk at engaging in joint
operations with U.S. forces that might lead to detention or
questioning. Meanwhile, 9-11 Commission members give
administration failing grades
http://action.humanrightsfirst.org/ct/w1wVaMs1Dul5/
on post-9/11 efforts to improve counterterrorism in the United
States. Are we safer now than we were on September 10?
(C)

JOSE PADILLA.
After more than three years without charge or access to any of
the constitutional rights most Americans take for granted, the
U.S. government finally seeks to transfer
http://action.humanrightsfirst.org/ct/2dwVaMs1Dulr/
Padilla to the criminal justice system to confront the
allegations against him. At the same time, DOJ refuses to
relieve Padilla of "enemy combatant" label, insisting that even
if Padilla is found innocent of all charges, he can still be
held indefinitely.
(C+)

PERSONAL PRIVACY.
Late-breaking leak discloses the administration has been
listening to electronic communications of U.S. citizens without
a warrant
http://action.humanrightsfirst.org/ct/N7wVaMs1DulB/
- either from a federal judge or even from secret foreign
intelligence surveillance court. Turns out Patriot Act powers
were the tip of the iceberg.
(D)

ACCOUNTABILITY.
Almost two years after the photos revealing widespread torture
and abuse at Abu Ghraib, number of U.S. troops punished for such
conduct at U.S. facilities from Iraq to Afghanistan to
Guantanamo Bay tops 150. At the same time, the vast majority of
commanders under whose watch the torture took place haven't been
punished but rather promoted.
http://action.humanrightsfirst.org/ct/A1wVaMs1DulM/
The administration has fought to give immunity to the CIA
against criminal prosecutions. No accountability yet.
(D-)

----------------------------------------------------------------------

Tell a Friend About U.S. Law & Security Digest

http://action.humanrightsfirst.org/human_rights_first/join-forward.html?domain=human_rights_first&r=21wVaMs1qQqH&

If you prefer not to receive future editions of US Law and
Security Digest, use the links below to unsubscribe. You can
also sign up for other Human Rights First newsletters by using
our Subscription Management Center
http://action.humanrightsfirst.org/human_rights_first/smp.tcl?nkey=ind5ud82fjnnww6&
where you can update your personal information, and take action
through our online advocacy center.
http://action.humanrightsfirst.org/human_rights_first/smp.tcl?show_subs=todo&nkey=ind5ud82fjnnww6&

UNSUBSCRIBE FROM US LAW AND SECURITY DIGEST:
This message was sent to the_mahtin [at] yahoo.com. To modify your email
communication preferences or update your personal profile, visit
your subscription management page at:

http://action.humanrightsfirst.org/human_rights_first/smp.tcl?nkey=ind5ud82fjnnww6&

To unsubscribe from this list, U.S. Law and Security Digest,
reply via email with "remove" in the subject line, or click the
following link:

http://action.humanrightsfirst.org/human_rights_first/remove-domain-direct.tcl?ctx=subscription&nkey=ind5ud82fjnnww6&

UNSUBSCRIBE FROM ALL HUMAN RIGHTS FIRST EMAIL: To remove
yourself from ALL Human Rights First email, click "Remove Me
From This List" on the subscription management page. (Use the
link above to unsubscribe from just this newsletter.)
http://action.humanrightsfirst.org/human_rights_first/smp.tcl?nkey=ind5ud82fjnnww6&

New York Headquarters
Human Rights First
333 Seventh Avenue
13th Floor
New York, NY 10001-5004

Washington Office
Human Rights First
100 Maryland Avenue, NE
Suite 500
Washington, DC 20002-5625

(c) 2005 Human Rights First