Georgetown Security Law Brief

Debate over fusion intel centers

SpyTalk discusses the debate over the value of fusion intel centers, including an ACLU report criticizing them.

Developments in national security-related prosecutions

National Security Advisors summarizes recent developments in

• United States v. Amirnazmi (E.D. Pa.) - trade with Iran
• United States v. Patterson (C.D. Cal.) - terrorism conspiracy
• United States v. Taleb-Jedi (E.D.N.Y.) - terrorism finance

Regarding the DHS "terror lexicon" and Congressional amendments - updated

Counterterrorism Blog debates (here and here) an amendment to the House version of the Intelligence Authorization Bill of 2009 which denies funding to any programs that seek to create a "terror lexicon" of words that intelligence analysts cannot use.  UPDATE: Another post.  UPDATE: And another.

Criticism of Treasury secrecy over terror financing

Counterterrorism Blog criticizes the Treasury Department for withholding records of terror financing investigations.

Analysis of allegations that MI5 is targeting Northern Irish dissidents

Spy Blog questions a Guardian article alleging that MI5 is targeting dissidents in Northern Ireland as a rising terror threat.

DOJ National Security Division draws criticism

Secrecy News discusses recent criticism of the DOJ National Security Division from some intelligence officials who say that it is biased in favor of the FBI or, alternatively, that it lacks the agility that an intelligence organization needs.

Thompson responds to Heifetz op-ed - updated

Rep. Bennie Thompson wrote a Letter to the Editor to the New York Times in response to Stephen Heifetz' op-ed about Congressional homeland security oversight.  UPDATE: Homeland Security Watch discusses the letter.

Making FOIA apply to Congress

The Hawaii Reporter has an op-ed advocating making Congress subject to FOIA.  HT to FOIA Blog.

Regarding Chinese spying at the Olympics

CQ Politics, SpyTalk, and Threat Level discuss the recent allegations of plans made by the Chinese government to spy on foreign visitors to the Olympics.

House Armed Services hearing on Boumediene, part 2

The House Armed Services Committee is holding a hearing on "Implications of the Supreme Court’s Boumediene Decision for Detainees at Guantanamo Bay, Cuba: Administration Perspectives" on July 31, 2008, at 12:30 PM.  See our calendar for details.

HPSCI subcommittee hearing on security clearance reform - updated

The House Permanent Select Committee on Intelligence, Subcommittee on Intelligence Community Management, is holding an open hearing on Security Clearance Reform -- Jul 30, 2008 at 2:30 p.m.  See our calendar for details.  UPDATE: Witness is Brenda Farrell, GAO.  UPDATE: Testimony is now publicly available.

NYT op-ed criticizing Mukasey's testimony

The New York Times has an editorial criticizing AG Mukasey's testimony on the need for new habeas legislation.

Competing Post op-eds on terrorism courts

The Washington Post has two op-eds arguing for and against the creation of a special court for terrorism cases.

US files first appeal in detainee cases

SCOTUSblog discusses the recent DOJ appeal of the order requiring the government to give advance notice before it moves any prisoner out of the military prison on the island of Cuba.

New central website for detainee cases

The US District Court for DC has consolidated all the filings, rulings, and related publicly available information regarding all detainee cases past, present, and future into one clearinghouse website.  We have added this page to our Links - U.S. Government.

Islamic Society of North America admits Hamas ties

The Investigative Project on Terrorism discusses a recent filing by the ACLU on behalf of the ISNA admitting that the group used to have ties to Hamas.

Webcast seminar on GWOT and international humanitarian law

National Security Advisors announces a live webcast seminar on International Humanitarian Law and the "Global War on Terror" on July 30, 2008, at 9:30 AM.  See our calendar for details.

Online salon discussion on international terrorism and the next President

Counterterrorism Blog introduces an online salon discussion entitled "The Challenges of International Terrorism: Recommendations for the Next U.S. President".

Bellinger, Voneky, and Rona on US counterterrorism and the laws of war

National Security Advisors consolidates an ongoing debate between John Bellinger, Silja N. U. Voneky, and Gabor Rona regarding the compatibility of US counterterrorism practices with the laws of war.

YPFP event with senior McCain foreign policy and national security advisors

Young Professionals in Foreign Policy is hosting an event on July 30, 2008, from 6:15-7:30 PM, featuring McCain advisors Randy Scheunemann, Director of Foreign Policy and National Security, and Dr. Kori Schake, Senior Policy Advisor.  See our calendar for details.

Forthcoming national security law review articles

National Security Advisors summarizes (here and here) the following forthcoming articles:

• Michael Avery, "The Constitutionality of Warrantless Electronic Surveillance of Suspected Foreign Threats to the National Security of the United States", Miami Law Review, Vol. 62, p. 541, 2008.
• Eric Talbot Jensen, "Exercising Passive Personality Jurisdiction Over Combatants: A Theory in Need of a Political Solution", International Lawyer, Fall 2008.
• Victor Hansen, "Changes in Modern Military Codes and the Role of the Military Commander: What Should the United States Learn from this Revolution?", Tulane Journal of International & Comparative Law, Vol. 16, p. 419, 2008.
• Mary Beth Basile, "Loyalty Testing for Attorneys: When is it Necessary and Who Should Decide?", Cardozo Law Review, Vol. 30, 2008.
• Eran Shamir-Borer, "Revisiting Hamdan v. Rumsfeld's Analysis of the Laws of Armed Conflict", Emory International Law Review, Vol. 21, 2007.
• Liav Orgad, "Love and War: Family Migration in Time of National Emergency", Georgetown Immigration Law Journal, Vol. 22, 2008.
• Peter L. Fitzgerald, "Smarter 'Smart' Sanctions", Penn State International Law Review, Vol. 26, No. 1, 2007.
• Stephanie Wilson, "Kosovo: The Legitimization of an Unauthorized War", Icfai Journal of International Relations, Vol. 2, No. 2, pp. 24-45, April 2008.
• Charli Carpenter, Geneva 2.0, National Interest (July 2008). (subscribers only)
• Stephen I. Vladeck, "The Riddle of the One-Way Ratchet: Habeas Corpus and the District of Columbia", Green Bag 2d, Vol. 11, 2008.
• Kent Roach, "Better Late than Never: The Canadian Parliamentary Review of the Anti-Terrorism Act", IRPP Choices, Vol. 13, No. 5, 2007.
• William N. Eskridge & Lauren Baer, "The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan"
• Karima Bennoune, "Terror/Torture", Berkeley Journal of International Law, Vol. 26, No. 1, pp. 1-61, 2008.
• Rachel Vorspan, "Judicial Power and Moral Ideology in Wartime: Shaping the Legal Process in Britain during World War I", Oregon Law Review, Vol. 87, 2008.
• Symposium: Left Out in the Cold? The Chilling of Speech, Association and the Press in Post-9/11 America, American University Law Review, Vol. 57, 2008. (featuring transcripts and webcasts of seven panels and seven original articles)

Leverage Points: Places to Intervene in a System

Sources and Methods relays a recent article entitled "Leverage Points:  Places to Intervene In A System" that addresses, in laymen's terms, the concept of systems theory, with particular focus on how to find the optimal places to intervene in a system.

Anderson on Terror and Consent

Kenneth Anderson relays his review in the Times Literary Supplement of Philip Bobbitt's book Terror and Consent.

GAO report and testimony on information sharing

Secrecy News discusses a Government Accountability Office report entitled "Information Sharing Environment: Definition of the Results to Be Achieved in Improving Terrorism-Related Information Sharing Is Needed to Guide Implementation and Assess Progress" and GAO testimony summarizing it before the Senate Homeland Security Committee.

NYC Bar panel on Prosecuting Terrorists

National Security Advisors posts an announcement for a New York City Bar/Human Rights First panel on "Prosecuting Terrorists: The Prosecutors' Perspectives" to be held on Sept. 8, 2008.  See our calendar for details.

McNeill advocates a stronger DHS-Congress partnership

National Security Blog summarizes a recent Heritage Backgrounder in which Homeland Security Policy Analyst Jena Baker McNeill advocates for a cooperative rather than adversarial relationship between DHS and Congressional oversight committees.

DHS international programs under scrutiny

Homeland Security Watch discusses a recent  investigation of DHS international affairs undertaken by the Inspector General.

NYT op-ed endorsing Mayer's book on Bush administration's legal policies

The New York Times has an op-ed endorsing Jane Mayer's recent book "The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals," especially regarding its coverage of David Addington.

NCIX criticizes NYT for publishing interrogator's name

7/22/08:  SpyTalk discusses a recent letter from Joel Brenner, the National Counterintelligence Executive, to the New York Times criticizing its publication of the name of the CIA interrogator who worked with Khalid Shaikh Mohammed.  Secrecy News discusses it in detail, with links to relevant documents.

Spain clears two Syrians of terrorist financing

07/22/08: CNN has an article on the recent dismissal by a Spanish court of the indictments of two Syrian-born men for alleged terrorist financing.

More on DHS oversight: DHS op-ed argues for oversight consolidation

The New York Times has an op-ed written by Stephen Heifetz, the DHS deputy assistant secretary for policy development, arguing that Congress should consolidate its oversight of the department.  Homeland Security Watch and Security Debrief discuss it.

Criticism of new Canadian spy agency detainee meeting rule

The Chronicle Herald Canada has an article discussing concerns being raised regarding a recent agreement giving the Canadian Security Intelligence Service the go-ahead to meet with a Canadian imprisoned abroad before consular officials do when there are "urgent national security or terrorism-related considerations."

New CFR report on rendition

National Security Advisors relays a new CFR Special Report entitled "Avoiding Transfers to Torture" that addresses the problems of extraordinary rendition and transferring Gitmo detainees back to their countries or origin.

ABA CLE teleconference on Homeland Security in Indian Country on 7/23

The ABA Center for Continuing Legal Education is hosting a teleconference at 1:00 PM on 7/23 on Homeland Security in Indian Country.  See our calendar for details.

Snepp's story to air on HBO

Secrecy News discusses how Frank Snepp (of the landmark prepublication review case Snepp v. US) is having his 1999 memoir, Irreparable Harm: A Firsthand Account of How One Agent Took on the Agency in an Epic Battle Over Free Speech turned into an HBO production.

UK Parliamentary committee recommends distrust of US on torture

The New York Times has an article about a report of the Foreign Affairs Committee of the British House of Commons asserting that Britain should no longer rely on assurances by the United States that it does not torture terrorism suspects.

Guiora on international cooperation in homeland security

National Security Advisors relays a new SSRN posting of Amos Guiora's "International Cooperation in Homeland Security."

Overview of accidental espionage

Kevin's Security Scrapbook discusses recent cases of international spying, some unintentional.

6 charged with attempting to establish al-Qaeda in Israel

The New York Times has an article about the recent charging of 6 people in Israel with planning to set up an al-Qaeda network.

Marine theft ring gave secrets to counter-terror group

Danger Room discusses a San Diego Union-Tribune article about how the Marines are charging two senior non-commissioned officers with passing secret data on potential terrorists to the Los Angeles County Terrorism Early Warning Group, one of the country's most celebrated counter-terror groups.

IDF Law Review call for papers

National Security Advisors relays a call for papers for the second English language edition of the IDF Law Review, a journal published by the IDF School of Military Law - the IDF Military Advocate General's Corps.

More developments in national security prosecutions

National Security Advisors summarizes (here and here) United States v. Wotulo (D. Maryland, July 10, 2008), United States v. Sadequee, Ahmed (N.D. Georgia, July 7, 2008), United States v. Amawi (N.D. Ohio, July 16, 2008), and United States v. Moussaoui (M.D. Fla., July 14, 2008).

Blakesley reflects on terrorism

National Security Advisors relays a new SSRN posting of Christopher Blakesley's "Ruminations on Terrorism: Expiation and Exposition" (New Criminal Law Review, Vol. 10, p. 554, 2007).

Crimm on anti-terrorism financing measures

National Security Advisors relays a new SSRN posting of Nina Crimm's "The Moral Hazard of Anti-Terrorism Financing Measures" (Wake Forest Law Review, Vol. 43, 2008).

Pearlstein on the national security constitution

National Security Advisors relays a new SSRN posting of Deborah Pearlstein's "Form and Function in the National Security Constitution" (Connecticut Law Review, Forthcoming).

Debate on the need for a DHS National Applications Office

DHS Undersecretary Charlie Allen argues in the DHS Leadership Journal (new addition to our Blogroll - Security/Terrorism) that the US needs the National Applications Office, and Rich Cooper responds in Security Debrief.

Obama's foreign policy advisors

The New York Times has an article discussing Sen. Obama's foreign policy advisors, and a table of key advisors.

Bill Gertz ordered to testify regarding Chinese espionage story

Secrecy News discusses a recent court order ordering Washington Times reporter Bill Gertz to appear and testify on the “newsworthiness” of his reporting in 2006 on a case involving alleged Chinese espionage.

Senate hearing on violent Islamist extremism

The Investigative Project on Terrorism discusses a recent Senate Committee on Homeland Security and Government Affairs hearing on "The Roots of Violent Islamist Extremism and Efforts to Counter It."

4 cleared in Madrid train bombing

The New York Times has an article about a Spanish court's decision to overturn the convictions of four men alleged to be part of the 2004 Madrid commuter train bombings.