02/06/12: The Washington Post reports that with war fatigue growing and an election looming, the Obama administration has bumpily embarked on its endgame in Afghanistan. In recent weeks, closed-door strategizing over Taliban peace talks, the pace of NATO’s combat handover and withdrawal, and the future of US relations with Afghanistan and Pakistan have suddenly become part of the public and political debate. But revelations about plans already in motion have emerged sooner than the administration has been prepared to explain them, complicating efforts to turn them into a coherent whole and build support.
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02/04/12: The Miami Herald reports that the Army on Friday dropped all charges against the fifth soldier it had accused of killing Afghan civilians for sport during a 2010 deployment. Specialist Michael Wagnon, 31, of Las Vegas, had been charged with the unlawful killing of one Afghan civilian in February 2010. He was expected to go on trial in March. In a statement, Joint Base Lewis-McChord said the charges were dismissed "in the interest of justice." According to Wagnon's attorney, preparations for the impending trial "just kept developing the evidence of Michael's innocence until it just became overwhelming."
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02/04/12: The San Francisco Chronicle reports that NATO leaders have downplayed Moscow's fears that a new Europe-based missile defense system represents a threat to Russia, and vowed to move ahead with it. NATO Secretary General Anders Fogh Rasmussen said Saturday that the alliance expects to have first elements of the defense system up and running by its summit in Chicago in May, and that it would continue to work on getting Russia on board with the plan. "We will continue to develop a NATO missile defense system because we feel a strong responsibility to protect our populations effectively against the missile threat," he said.
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02/04/12: WIRED reports that WikiLeaks suspect Bradley Manning is headed for a general court-martial, according to the commander of the US Army Military District of Washington in an announcement released late Friday. Major General Michael Linnington, the general convening authority for the district, made the determination that Manning will face all 22 charges leveled against him. The most serious charge — aiding the enemy — carries a possible death penalty. Prosecutors have said they will not seek the death penalty. Instead, Manning faces life in prison if convicted of all the charges.
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02/04/12: NPR reports that a request for a delay in the September 11 case at Guantanamo has been denied. Two lawyers close to the proceedings tell NPR that a military judge denied their request to delay the arraignment of the September 11 suspects at Guantanamo until the summer. The lawyers were asking for more time to file memos on why Khalid Sheikh Mohammed and his alleged co-conspirators should not be tried in a capital case and be eligible for the death penalty. The 9/11 suspects are expected to be arraigned before a military commission as early as April.
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02/01/12: The Miami Herald reports that Guantánamo defense lawyers for an alleged al Qaida bomber asked an Army judge on Tuesday to order Yemeni President Ali Abdullah Saleh to undergo war court questioning at a New York hospital. Navy Lieutenant Commander Stephen Reyes wouldn’t say what he wants to ask the former Yemeni strongman on behalf of Abd al Rahim al Nashiri, who faces a death penalty trial at Guantánamo next year. He did said he believed the chief military commissions judge could issue a subpoena that “would compel the Yemeni president to be deposed” — despite a US State Department declaration that the 69-year-old Yemeni would receive diplomatic immunity as head of state.
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01/29/12: Reuters reports that an army officer who led a military revolt aimed at reinstating Papua New Guinea's ousted prime minister appeared in court on Sunday on mutiny charges, police said. Retired Colonel Yaura Sasa, who led last week's attempt to restore Sir Michael Somare to power, appeared in a court charged under the criminal code with incitement to mutiny following his arrest overnight. Police spotted Sasa by chance at a lodge away from the Taurama barracks, where his supporters have been holed up with weapons since last week's failed mutiny, police media spokesman Superintendant Dominic Kakas said.
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01/28/12: The Boston Globe reports that France and Afghanistan agree NATO should speed up by a year its timetable for handing all combat operations to Afghan forces in 2013, President Nicolas Sarkozy said Friday, raising new questions about the unity of the Western military alliance. Sarkozy also announced a faster-track exit for France, the fourth-largest contributor of troops in Afghanistan -- marking a distinct break from previous plans to adhere to the US goal of withdrawing combat forces by the end of 2014.
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01/27/12: The Blog of Legal Times reports that the US Justice Department has asked a federal judge to keep secret photos showing the death of Osama bin Laden, saying the images are classified because of their potential to incite violence against the United States. The department filed court papers this week in a FOIA suit in Washington asking US District Judge James Boasberg to keep the photos out of the public domain. The DOJ asserts the photos reveal specific military and intelligence activities, methods and techniques.
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01/27/12: The San Francisco Chronicle reports that an ex-Marine from Virginia pleaded guilty Thursday and has agreed to serve a 25-year prison sentence on charges that he fired a series of overnight pot shots in 2010 at the Pentagon, the Marine Corps museum in Quantico and other military targets as part of what prosecutors called a campaign to strike fear throughout the region. Prosecutors revealed that Yonathan Melaku’s intended next target was Arlington National Cemetery, where he was arrested before he was able to carry out a plan to deface gravestones there.
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01/26/12: The Ithaca Journal reports that Iraq will take legal action to ensure justice for the families of 24 unarmed Iraqi civilians killed in a US raid in Haditha seven years ago, a government spokesman said Thursday, after the lone US Marine convicted in the killings reached a deal to escape jail time. Residents in Haditha, a former Sunni insurgent stronghold of about 85,000 people along the Euphrates River valley some 140 miles northwest of Baghdad, have expressed outrage at the American military justice system for allowing Staff Sergeant Frank Wultrich to avoid prison.
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01/24/12: The ABA Journal reports that in a move decried by the American Civil Liberties Union as a sad day for the rule of law, a federal appeals court upheld a lower court's ruling that an American citizen who claimed he was illegally detained and tortured at a US military jail in South Carolina cannot turn to the legal system for redress. Because he was designated an "enemy combatant" by the military, Jose Padilla's treatment falls outside the scope of government conduct that tort litigation is intended to address, held the 4th US Circuit Court of Appeals as it affirmed a trial court's dismissal of the case.
Continue reading "4th Circuit denies damages suit for alleged torture suffered by ‘enemy combatant’ Jose Padilla" »
01/23/12: Opinio Juris features a piece by John C. Dehn concerning Newsweek’s report that the Obama administration is finally going to reveal a bit more about its legal authority to target and kill US citizens (in armed conflict or national self-defense) without a prior judicial adjudication. After a prolonged internal debate, reportedly pitting the State and Defense Departments’ head lawyers against others on the President’s national security team, the Attorney General may soon provide details in a public statement. The time and place of that statement is still unclear or undetermined.
Continue reading "Commentary: Did international law motivate the “capture-if-feasible” element of the Awlaki legal opinion?" »
01/23/12: The Washington Times reports that Pakistan's army on Monday formally rejected a US claim that American airstrikes that killed 24 Pakistani troops last year were justified as self-defense, a stance that could complicate efforts to repair the troubled but vital relationship between the two countries. In a detailed report, the army said that Pakistani troops did not trigger the November 26 incident at two posts along the Afghan border by firing at American and Afghan forces, as the US has alleged. Pakistan's army said its troops shot at suspected militants who were nowhere near coalition troops.
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01/15/12: The Denver Post reports that initially there were concerns that outrage over the video showing Marines desecrating the bodies of three men would spiral into a scandal like the one in 2004 over photos showing a group of US military police abusing prisoners at the Abu Ghraib prison. But Afghan officials said the quick responses by all sides had helped contain the damage. "As all three sides — the US, the Afghan government and the Taliban — have all condemned this act, I'm hopeful that this will not have any effect on the peace process," a member of the peace council and the Taliban's former envoy to the UN said Saturday. The Taliban agreed.
Continue reading "US Marine video not likely to derail Afghan talks" »
01/14/12: The Hill reports that in a move reflecting the Pentagon’s new cost-cutting strategy, the US Army is planning to withdraw two of its four brigades from Europe. The Army is replacing the two brigades with rotational units, Defense Secretary Leon Panetta said in an interview with the Defense Department’s American Forces Press Service. The move is part of both a reduction in ground forces for the Army as well as a strategic shift toward the Asia-Pacific region.
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Commentary: Gitmo’s prying eyes
02/01/12: The American Conservative features an opinion piece by Kelley Beaucar Vlahos alleging that Department of Defense actions have deprived Guantanamo detainees of the attorney client privilege. Vlahos notes that the Office of Chief Defense Counsel for Military Commissions, whose clients are incarcerated at Guantanamo Bay, is engaged in a standoff. They’ve refused to sign the user agreement required by the Department of Defense that consents to “the routine monitoring, interception and search” of “all communications using or data stored on” the Pentagon’s global computer network, which all DoD personnel—including the attorneys—use every day. HT to Neal R. Sonnett.
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February 01, 2012 at 02:08 PM in Military, Constitutional Law, Detainees / Guantanamo, Commentary / Opinion | Permalink