Georgetown Security Law Brief

Gambia prosecutors charge ten over alleged coup plot

03/19/10: JURIST reports that Gambian prosecutors on Thursday charged 10 men, including top military officials, with conspiring to overthrow the government of President Yahya Jammeh. The prosecution claims the men procured arms and troops in anticipation of a military coup. Eight of the ten men charged have been under arrest since November.

US citizen pleads guilty to aiding terror attack in India

03/19/10: The Los Angeles Times reports that a US citizen of Pakistani descent pleaded guilty Thursday to charges that he scouted targets in advance of the coordinated terrorist attack in Mumbai, India, in 2008 that killed about 170 people, including six Americans. David Coleman Headley, 49, of Chicago also acknowledged in US District Court that he scouted targets for an attack that was never carried out against a Danish newspaper that drew the ire of much of the Muslim world after publishing unflattering cartoons about the prophet Muhammad.

Federal appeals court will not rehear Ashcroft lawsuit

03/19/10: The Miami Herald reports that a federal appellate court said Thursday it wouldn't reconsider its ruling that former Attorney General John Ashcroft can be held personally responsible for misuse of the material witness statute after the Sept. 11 attacks. The ruling came after a majority of the full 9th US Circuit Court of Appeals voted to deny Ashcroft's request amid bitter dissent by eight of its judges. Abdullah al-Kidd, a US citizen, sued Ashcroft and other federal officials after he was arrested and jailed as a material witness in a terrorism case against another man. He said his arrest and detention were just a ruse to give the government time to investigate him for any potential wrongdoing.

Rwanda tribunal affirms genocide conviction of Hutu singer

03/19/10: JURIST reports that the Appeals Chamber of the International Criminal Tribunal for Rwanda on Thursday affirmed the genocide conviction of popular Rwandan singer-songwriter Simon Bikindi. The charge was based on a speech Bikindi gave during the 1994 Rwanda genocide in which he called on Hutus to rise up and exterminate the Tutsis. Prosecutor Justice Hassan Bubacar Jallow appealed the 15-year sentence given to Bikindi in January on the grounds that it was inadequate punishment for "direct and public incitement to commit genocide." Bikindi appealed on the basis that the sentence was disproportionate to the gravity of the offense and that court erred in its evaluation of his association with extremist militia group, Interahamwe. The court rejected both appeals.

Guantanamo suspects allowed laptops while in custody

03/19/10: The Washington Times reports that the Pentagon allowed five captured al Qaeda members currently held at the Guantanamo Bay prison to use laptop computers in detention, raising concerns among security officials that the terrorism suspects could pass sensitive data to terrorists in the future. The computers, without Internet access, were provided to Sept. 11 mastermind Khalid Shaikh Mohammed and four other suspected 9/11 conspirators at the prison at the US naval base in Cuba after approval by senior Pentagon officials in September 2008. The five al Qaeda members were "provided access to stand-alone computers without Internet access in order to review discovery material provided by the government, conduct legal research and prepare for their defense" against charges related to the Sept, 11 attacks

'Jihad Jane' pleads not guilty

03/18/10: The Los Angeles Times reports that Colleen LaRose, the so-called "Jihad Jane" from Pennsburg accused of conspiring with foreign terrorists to kill a Swedish cartoonist who insulted Islam, pleaded not guilty during a minutes-long hearing in federal court this morning in Philadelphia.

'Jihad Jane' due in federal court in Philadelphia

03/18/10: The Miami Herald reports that on Thursday, Colleen LaRose will make her first court appearance since a stunning indictment last week that charged that she plotted with terror suspects abroad to kill a Swedish artist who had offended Muslims.

ACLU files suit seeking information on US drone attacks

03/18/10: JURIST reports that the American Civil Liberties Union (ACLU) filed suit Tuesday seeking information related to the US government's use of unmanned Predator drones. The suit, filed in the US district court for the District of Columbia, seeks to enforce a Freedom of Information Act (FOIA) request made in January. The ACLU alleges that the unmanned warplanes have been used by the military and CIA for killings in Afghanistan, Iraq, and Pakistan. The ACLU also cites troubling reports indicating that US citizens may be targeted and killed by Predator drones.

Terror suspect likely to change plea

03/17/10: The New York Times reports that a Chicago man accused of helping to scout out Mumbai, India, in preparation for a rampage by a Pakistani terrorist group that left 163 people dead in 2008 is expected to plead guilty on Thursday. The man, David C. Headley, who was arrested in October, has also been charged with plotting to attack a Danish newspaper that published cartoons of the Prophet Muhammad in 2005 that outraged many Muslims. Mr. Headley pleaded not guilty when charged, but he has since been cooperating with government officials.

UN says ICTY will likely need more time to complete work

03/17/10: Balkan Insight reports that the International Criminal Tribunal for the former Yugoslavia will likely need more time than its mandate foresaw in order to finish its work, according to UN General Secretary Ban Ki-moon. The UN Security Council extended the mandate of the Tribunal in December last year until the end of 2012, and until 2014 for appellate cases. Originally, its mandate was scheduled to end in 2010.

Military tribunal brings knots, too

03/16/10: The Wall Street Journal reports that although the Obama administration is leaning toward a military tribunal for Khalid Sheikh Mohammed, reversing course from a civilian trial would bring its own complications, because the long-troubled military commission system has yet to resolve fundamental questions and remains under legal challenge.

In Ireland, a hearing on a plot to kill a Swedish cartoonist

03/16/10: The New York Times reports that a late-night court hearing Monday gave new glimpses into the case that American and Irish prosecutors are pursuing against a group of Muslims on both sides of the Atlantic suspected of plotting to kill a Swedish cartoonist who depicted the Prophet Muhammad atop the body of a dog. Five of the seven people arrested in Ireland a week ago have been released, the last of them shortly before Monday’s hearing. But two others, an Algerian man and a Libyan man, were formally charged.

Atlantic's Goldberg avoids testifying for PLO

03/16/10: Politico reports that the Palestinian Authority cannot force Atlantic magazine's Jeffrey Goldberg to testify in a terror-related lawsuit brought by a Jewish settler, a federal magistrate ruled. Magistrate Judge John Facciola granted Goldberg's motion to quash the subpoena the Palestinian Authority and the Palestine Liberation Organization served demanding that Goldberg testify about his interactions with a Jewish settler suing over an apparent terrorist attack in the West Bank in 2002. Goldberg interviewed the settler, Moshe Saperstein, for a New Yorker article published in 2004 and a subsequent book.

Giving soldiers human rights in war zones ‘will hamper battlefield commanders’

03/15/10: The Times (UK) reports that the British Supreme Court will hear Ministry of Defence submissions over a landmark ruling that soldiers must be protected by the Human Rights Act when fighting outside their bases in countries such as Afghanistan and Iraq. Some commanders disagreed when the Court of Appeal ruled in favor of protection last May; Major-General Patrick Cordingley, who commanded 7th Armoured Brigade in the Gulf War and retired from the Army in 2000, said: “Life is hugely complex in battle situations and commanders cannot be expected to have to worry about every aspect of the Human Rights Act once they’re engaged in operations.”

Suspicions about FBI analysts growing

03/14/10: The Washington Post reports that The US attorney's office in the District of Columbia has found more than 100 cases since the mid-1970s that need to be reviewed because of potentially falsified and inaccurate tests by FBI analysts.

Critics say military trials of terror suspects could open cases to legal uncertainty

03/14/10: The Washington Post reports that using a military commission to try Khalid Sheikh Mohammed and his co-defendants for their alleged role in the Sept. 11 attacks could open the case to significant legal uncertainty and expose fresh details of detainee abuse in a proceeding that might not get underway for two years or longer, national security experts and plan critics say.

Settlement offer worth millions in 9/11 case to go before judge

03/13/10: CNN reports that A New York judge Friday postponed a decision on a proposed $657 million settlement for people who became ill after working on the World Trade Center site after the 9/11 terrorist attacks.

Backlog of hearings reaches all-time high in federal immigration courts

03/12/10: The Washington Post reports that the backlog of deportation, political asylum and other cases awaiting a hearing in federal immigration courts has reached an all-time high even as a record number of judge positions remained unfilled, according to a report released today. The analysis by the Transactional Records Access Clearinghouse, or TRAC, a nonpartisan research organization at Syracuse University, found that 228,421 cases were awaiting a hearing in the first months of the 2010 fiscal year that began Oct. 1, up 23 percent since the end of the 2008 fiscal year, and 82 percent higher than 10 years ago.

ICC prosecutors meet with Russia officials over South Ossetia conflict

03/12/10: JURIST reports that a group of delegates from the Office of the Prosecutor of the International Criminal Court concluded a meeting in Moscow Wednesday over Russian claims of war crimes committed by Georgia during the South Ossetia conflict in August 2008. The meeting, which was not attended by chief prosecutor Luis Moreno-Ocampo, was held at the invitation of the Russian Federation and was based on Moreno-Ocampo's announcement of a preliminary investigation at the time of the conflict.A similar visit to Georgia is to take place later this year. The South Ossetia conflict lasted for five days in August 2008 when Georgia tried to take control of its breakaway region, and Russian troops defended the region, entering Georgia.

Houston jury convicts Mississippi man of sending threat to blow up FBI, DOJ, and CIA

03/12/10: War on Terrorism reports that a federal jury has found Jeff Henry Williamson, 45, of Jackson, Miss., guilty of sending a threatening communication in interstate commerce, United States Attorney José Angel Moreno announced. The jury returned its verdict finding Williamson guilty of the sole count of an indictment. United States District Judge David Hittner presided over the four-day trial.

New war crime indictment in Belgrade

03/11/10: Balkan Insight reports that the Prosecution in Belgrade has indicted Darko Radivoje, nicknamed Gurgula, for war crimes committed in 1991 in Croatia. According to the indictment, Radivoje, 41, was a member of the Territorial defence in Tenja, Croatia who fought alongside Serb forces during the war. Radivoje, a Serbian national, allegedly killed Marjan Pletes, a member of the Croatian Army, on 20 November 1991. Radivoje allegedly took Pletes from the hospital where he had been brought after being wounded with the intention of taking him to the command headquarters in Boboti. According to the indictment, on the way to Boboti, Radivoje took Pletes out of the ambulance and killed him.

Spanish minister discusses Batko extradition

03/11/10: Balkan Insight reports that Veselin Vlahovic Batko will be tried in Spain and will serve his sentence in Spain if convicted, but there is a possibility that he could be temporarily extradited to Bosnia to face charges of war crimes, Spanish Interior Minister Alfredo Peres Rubalcalba said on a visit to Bosnia. Bosnia requested Batko's extradition based on accusations of crimes he allegedly committed during the Bosnian war in Grbavica, a neighborhood in Sarajevo that was controlled by the Republika Srpska Army. The Bosnian State Prosecution argues that he participated in a number of murders, rape, tortures, and forced detentions of Bosniaks and Croats who were living in Grbavica.

Lawyers to depose Dallas bomb suspect's associates

03/11/10: The Miami Herald reports that lawyers for a Jordanian man charged with trying to blow up a Dallas skyscraper plan to depose witnesses in Jordan who know the suspect. A federal judge in Dallas last month granted a motion from Hosam Smadi's attorneys that permits them to question their client's Jordanian relatives and associates. Defense lawyers say the witnesses will portray the 20-year-old as a mentally ill man entrapped by federal agents.

Russia makes arrests in fatal train bombing

03/11/10: The New York Times reports that a Moscow court on Wednesday approved the arrest of 10 suspects in the November 2009 bombing of the Nevsky Express passenger train, which derailed while en route from Moscow to St. Petersburg and killed 28 people. Nine of the suspects were arrested during a federal raid last week on a village outside Nazran, the capital of the republic of Ingushetia.

Ganic released on bail

03/11/10: Balkan Insight reports that the High Court in London has decided to release Ejup Ganic on £200,000 bail. Lord Justice Laws granted the wartime member of Bosnia's presidency bail on "stringent" conditions. Serbia suspects Ganic, who was a member of the wartime presidency of Bosnia, of war crimes related to his alleged involvement in an attack on a convoy of the Yugoslav People's Army as it was leaving Sarajevo in May 1992. The Defense claims that the extradition is an "abuse of process" and they refer to “mistakes on the warrant of arrest, including the way in which the allegation of murder has been framed and how the court should deal with the allegation of a breach of the Geneva Convention.”

Supreme Court calls for the government’s view in suit against military contractor

03/10/10: SCOTUSblog reports that the Supreme Court called for the views of the Solicitor General in Carmichael v. Kellogg, Brown & Root Services, No. 09-683, a case arising from an auto accident in Iraq.  The petition raises an interesting question regarding application of the political question doctrine to tort suits against military contractors in a combat zone.

Karadzic files appeal for trial postponement

03/10/10: Balkan Insight reports that Radovan Karadzic has called on the Appellate Chamber of the Hague Tribunal to postpone the presentation of evidence against him until June 17 this year. Karadzic is appealing the Trial Chamber's decision not to postpone the start of the Prosecution's presentation of evidence. He argued that "the Defence team may be able to acquaint itself with the documents" by June 17 this year.

Trial in torture deaths begins in Iran

03/10/10: The New York Times reports that twelve suspects accused of torturing to death three anti-government protesters during the widespread turmoil after the June presidential election went on trial on Tuesday. Iran’s judiciary last year charged 12 officials at the Kahrizak detention center in Tehran for involvement in the deaths of three protesters held there.

UN rights experts urge civilian trials for 9/11 suspects

03/10/10: JURIST reports that UN Special Rapporteur on human rights and counterterrorism Martin Scheinin on Tuesday urged the Obama administration to hold civilian trials for accused 9/11 conspirators, including Khalid Sheikh Mohammed. Scheinin called the military commissions system "fatally flawed" and said that reforming the system would not help. Meanwhile, UN Special Rapporteur on torture Manfred Nowak also argued that the suspects should face a civilian trial. A White House official said Tuesday that while a civilian trial for Mohammed may no longer be a realistic option, the Obama administration is working with lawmakers to allow for civilian trials for other suspected terrorists.

Experts urge keeping two options for terror trials

03/09/10: The New York Times reports that leading Congressional Republicans are arguing that getting tough on terrorism means trying all foreign terrorism suspects before military commissions. But national security officials who served in the Bush administration say that taking away the criminal justice option would weaken the government’s hand. Former counterterrorism officials are warning that the political debate has lost touch with the pragmatic advantages of keeping both the civilian and military systems available.

ABA wants 9/11 trials in civilian courts

03/09/10: Politico reports that the American Bar Association is jumping into the fray over trials for five alleged 9/11 plotters, arguing that civilian federal courts are the "preferred" system for those accused in the terrorist attack on the World Trade Center and the Pentagon.

ICC postpones trial of Congo rebel leader Bemba until July

03/09/10: JURIST reports that the International Criminal Court on Monday postponed the trial of former Democratic Republic of Congo (DRC) vice-president Jean-Pierre Bemba, originally set to begin April 27, until July 5. The trial was delayed to allow the court more time to consider the defense's motion on the admissibility of the case, filed in February. The prosecutor and the victims' legal representatives will have until March 29 to submit their observations. The court will hold a status conference on April 27 to hear arguments on the defense motion.

Brought to US, man is charged with aiding Somali terrorists

03/09/10: The New York Times reports that a man has been brought to the United States from Nigeria to face charges that he provided money to a Somali terrorist group and that he received military training from that group. Federal prosecutors in Manhattan unsealed an indictment on Monday accusing the man, Mohamed Ibrahim Ahmed, of conspiring to provide material support to a foreign terrorist organization, Al Shabab, which has declared its intent to harm the United States. Mr. Ahmed, 35, is also charged with providing that support, conspiring to receive training from a foreign terrorist organization, and receiving the training.

Venezuela linked to terror groups

03/09/10:The Washington Times reports that accusations by Spanish authorities that Venezuela aided an alliance between Basque and Colombian terror groups that plotted joint attacks in Colombia and Spain have revived a debate over Venezuela's possible role as a state sponsor of terrorism. An indictment issued by Judge Eloy Velasco of Spain's anti-terrorism court specifically cites "Venezuelan governmental cooperation" with 12 members of the Basque separatist group ETA and guerrillas of the Marxist Revolutionary Armed Forces of Colombia (FARC).

Uighur sentenced for spying in Sweden

03/09/10: The New York Times reports that Sweden sentenced a Uighur man to 16 months in prison on Monday for spying on a community of Uighur refugees and passing information to China. The man, Babur Maihesuti, 62, was convicted of handing information about the health, travels and political leanings of other Uighurs to a journalist and diplomat who was a Chinese intelligence officer.

UK justices hear detainees' torture appeal

03/08/10: The Associated Press reports that lawyers for six former Guantanamo detainees on Monday appealed a ruling that the British government can use secret evidence to fight a claim that it was complicit in their abuse. The former terror suspects, all British citizens or residents, are suing the government and intelligence agencies over their alleged mistreatment in Afghanistan, Guantanamo and elsewhere. They deny any involvement in terrorism and allege that British spy agencies abetted their unlawful imprisonment and extraordinary rendition to locations around the world where they were tortured. HT to How Appealing.

Graham urges Obama shift on terror trials

03/08/10: The Washington Times reports that a GOP senator on Sunday offered the White House a deal on terror trials. Sen. Lindsey Graham, South Carolina Republican, said that if the president agrees to try alleged Sept. 11 mastermind Khalid Sheik Mohammed and four accused accomplices in military tribunals, he will press fellow Republicans to vote to close the Guantanamo Bay prison.

Ruling on gay Air Force major creates dilemma

03/07/10: The Associated Press reports that a pressing legal reality for the "don't ask, don't tell" standard for gays serving in the military is that the 9th US Circuit Court of Appeals has already struck down the way it's practiced in much of the Western United States. The 2008 ruling, while largely overlooked, would force the military to apply a much higher threshold in determining whether a service member should be dismissed for being gay. The government declined to appeal the ruling by the three-judge panel, which leaves it standing as law in the nine states covered by the court. That means gay military members at bases in the West technically have greater protections than their colleagues across the world. HT to How Appealing.

White House postpones picking site of 9/11 trial

03/06/10: The New York Times reports that the Obama administration said Friday that a decision on where to prosecute Khalid Shaikh Mohammed and four accused of conspiring in the Sept. 11 attacks would not be made “for weeks,” following a flare-up in the debate about whether that trial should take place in civilian court or before a military commission.The White House sought to dampen speculation that a decision on where to hold a trial might be imminent. That speculation was fanned by a report Friday that aides to President Obama might recommend that he pull the prosecution out of civilian court and send it back to a military commission, where the Bush administration had planned to hold it.

Illinois judge won't toss torture suit naming Rumsfeld

03/06/10: The Miami Herald reports that a federal judge refused Friday to dismiss a civil lawsuit accusing former Defense Secretary Donald Rumsfeld of responsibility for the alleged torture by US forces of two Americans who worked for an Iraqi contracting firm. US District Judge Wayne R. Andersen's ruling did not say the two contractors had proven their claims, including that they were tortured after reporting alleged illegal activities by their company. But it did say they had alleged enough specific mistreatment to warrant hearing evidence of exactly what happened.

Somali charged with making false statements on application for asylum

03/06/10: War on Terrorism reports that United States Attorney John E. Murphy announced that in San Antonio, a federal grand jury has indicted 24-year-old Ahmed Muhammed Dhakane, a citizen of Somalia, on two counts of making false statements under penalty of perjury to federal authorities concerning his association with global terrorist organizations.

Congressmen ask Pentagon to exonerate Navy SEALs in Iraq incident

03/06/10: CNN reports that a trio of congressional Republicans passionately appealed to the Pentagon on Thursday to drop charges against three Navy SEALs accused of assaulting an Iraqi suspected of orchestrating the 2004 killing and mutilation of four US contractors. Flanked by about a dozen retired Navy SEALs at a news conference near the Capitol, Rep. Dana Rohrabacher, R-California; Rep. Dan Burton, R-Indiana; and Rep. Louie Gohmert, R-Texas, insisted that the US is sending the wrong message to its troops.

France prosecutors file terrorism charges against suspected Basque separatist leader

03/06/10: JURIST reports that French prosecutors on Friday filed preliminary terrorism charges against the suspected leader of the Basque separatist group ETA, along with two other people who are believed to be senior members of the group. A judicial source said that the charges against the alleged ETA members stem from preparations to commit a terrorist act, including theft, forgery, and illegal arms charges. The three men, Ibon Gogeascoechea Arronategui, Beinat Aguinalde Ugartemendia, and Gergorio Jimenez Moralesare, were arrested on Sunday in the French village Cahan in a joint Spain-France operation.

New plea for Uighurs

03/05/10: SCOTUSblog reports that reacting promptly to the Supreme Court’s return of a major detainee case to lower courts for a new look, lawyers for seven Guantanamo Bay detainees on Thursday urged the DC Circuit Court to pass the case back to a federal District judge to develop the facts on the prisoners’ chances for resettlement abroad. 

Imam pleads guilty in NYC terror case

03/05/2010: The Miami Herald reports that Ahmand Afzali an imam linked to the suspects in an aborted suicide bomb plot against New York City pleaded guilty on Thursday to lying to the FBI - a deal sparing him serious jail time but forcing him to leave the country.

Judge considers arbitration in Pan Am flight 73 case

03/05/10: The Blog of LegalTimes reports that the tug-of-war over money paid to victims in the 1986 hijacking of Pan Am Flight 73 made its way to Washington’s federal courthouse today, as lawyers argued fiercely over whether the dispute should be sent into private arbitration. Sisters Gargi and Giatri Davé are battling with Crowell & Moring over whether the two women will get to keep millions of dollars in awards paid to them by the US government as compensation for the injuries in the hijacking.

Opinion: A shameful attack on the US legal system

03/05/10: The Washington Post has an opinion by Walter Dellinger, former head of the Office of Legal Counsel in the Clinton Administration, arguing that the Keep America Safe videos questioning the loyalty of Department of Justice officials who represented accused terrorists are shameful, and that "the ethos of the bar is built on the idea that lawyers will represent both the popular and the unpopular, so that everyone has access to justice."

Group seeks info from UK on Guantánamo detainee's rendition

03/05/10: The Miami Herald reports that Reprieve, a human rights group, challenged Britain's government to hand over documents relating to Mohammed Saad Iqbal Madni, a former Guantánamo Bay detainee who alleges his extraordinary rendition flight refueled on British territory en route to another country where he was tortured.

Obama advisers set to recommend military tribunals for alleged 9/11 plotters

03/05/10: The Washington Post reports that President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that would reverse Attorney General Eric H. Holder Jr.'s plan to try him in civilian court in New York City.

03/05/10: Opinio Juris has an opinion by Deborah Pearlstein arguing against the political and legal strategy of recommending a military rather than civilian court for the Khalid Sheikh Mohammed trial. Pearlstein argues that if the Administration shifts gears now – worse, if the President overrides the very public recommendation of his Attorney General – it hands defense counsel a much stronger argument against the legitimacy of commission trials than they already had.

03/05/10: The Atlantic has an opinion by Max Fisher arguing that it remains a possibility that the Obama administration will let civilian trials for accused terrorists like Khalid Sheikh Mohammed become the next public option: a policy championed by liberals that is ultimately discarded as a political distraction not worth the fight.

Germany Federal Constitutional Court overturns data retention law

03/04/10: The Lift reports that Germany’s Federal Constitutional Court on Tuesday, March 2, overturned a 2008 law requiring telecommunications providers to store information on telephone calls, e-mails, and Internet use for six months for use in possible terrorism investigations, saying it posed a “grave intrusion” to personal privacy rights and must be revised, although it did not call into question the original EU law, which provides for member states storing telephone and internet data for up to 24 months.