Memorandum of Decision Regarding the Objections to the Findings of Professional Misconduct in the Office of Professional Responsibility's Report of Investigation Into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of "enhanced Interrogation Techniques" on Suspected Terrorists PDF Download

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Memorandum of Decision Regarding the Objections to the Findings of Professional Misconduct in the Office of Professional Responsibility's Report of Investigation Into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of "enhanced Interrogation Techniques" on Suspected Terrorists

Memorandum of Decision Regarding the Objections to the Findings of Professional Misconduct in the Office of Professional Responsibility's Report of Investigation Into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of Author: David Margolis
Publisher:
ISBN:
Category : Detention of persons
Languages : en
Pages : 69

Book Description
A 2010 memorandum of decision from Deputy Attorney General David Margolis to Attorney General Eric Holder finding that John Yoo's and Jay Bybee's "tortur memos," the memoranda written by Yoo and Bybee as lawyers in the Justice Department's Office of Legal Counsel that provided the legal basis for certain interrogation techniquesthe torture memos, were flawed but reflected no professional misconduct. This memorandum rejects the conclusions of the Office of Professional Responsibility, which opined in July 2009 that Yoo and Bybee engaged in professional misconduct by failing to provide thorough, candid, and objective analysis in the torture memos.

Memorandum of Decision Regarding the Objections to the Findings of Professional Misconduct in the Office of Professional Responsibility's Report of Investigation Into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of "enhanced Interrogation Techniques" on Suspected Terrorists

Memorandum of Decision Regarding the Objections to the Findings of Professional Misconduct in the Office of Professional Responsibility's Report of Investigation Into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of Author: David Margolis
Publisher:
ISBN:
Category : Detention of persons
Languages : en
Pages : 69

Book Description
A 2010 memorandum of decision from Deputy Attorney General David Margolis to Attorney General Eric Holder finding that John Yoo's and Jay Bybee's "tortur memos," the memoranda written by Yoo and Bybee as lawyers in the Justice Department's Office of Legal Counsel that provided the legal basis for certain interrogation techniquesthe torture memos, were flawed but reflected no professional misconduct. This memorandum rejects the conclusions of the Office of Professional Responsibility, which opined in July 2009 that Yoo and Bybee engaged in professional misconduct by failing to provide thorough, candid, and objective analysis in the torture memos.

The Office of Professional Responsibility Investigation Into the Office of Legal Counsel Memoranda

The Office of Professional Responsibility Investigation Into the Office of Legal Counsel Memoranda PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 108

Book Description


When Governments Break the Law

When Governments Break the Law PDF Author: Austin Sarat
Publisher: NYU Press
ISBN: 0814741428
Category : Political Science
Languages : en
Pages : 242

Book Description
Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration’s commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective deterrence for the repetition of future transgressions of justice committed at the highest levels of government, others echo Obama’s seemingly reluctant stance on launching an investigation into allegations of criminal wrongdoing by former President Bush, Vice President Cheney, Secretary Rumsfeld, and members of the Office of Legal Counsel. Indeed, even some of the Bush Administration’s harshest critics suggest that we should avoid such confrontations, that the price of political division is too high. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time. Using this debate as its jumping off point, When Governments Break the Law takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. But this book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against the proposition, offering revealing reasons and illuminating alternatives. The contributors do not ask the substantive question of whether any Bush Administration officials, in fact, violated the law, but rather the procedural, legal, political, and cultural questions of what it would mean either to pursue criminal prosecutions or to refuse to do so. By presuming that officials could be prosecuted, these essays address whether they should. When Governments Break the Law provides a valuable and timely commentary on what is likely to be an ongoing process of understanding the relationship between politics and the rule of law in times of crisis. Contributors: Claire Finkelstein, Lisa Hajjar, Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain, Austin Sarat, and Stephen I. Vladeck.

Interrogation and Torture

Interrogation and Torture PDF Author: Steven J. Barela
Publisher: Oxford University Press, USA
ISBN: 0190097523
Category : Law
Languages : en
Pages : 625

Book Description
"This book focuses on the science, law and morality behind interrogational methods. It develops, for the first time, a comprehensive discussion regarding the legality of torture and the efficacy of interrogation. In other words, scientific research has concluded that torture is not effective. This then raises a natural question: What interrogational methods are effective? How does one employ those methods in way that is consistent with law and morality?"--

The Prosecutor in Transnational Perspective

The Prosecutor in Transnational Perspective PDF Author: Erik Luna
Publisher: Oxford University Press
ISBN: 0199939608
Category : Law
Languages : en
Pages : 490

Book Description
The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

The Torture Memos

The Torture Memos PDF Author: David Cole
Publisher: The New Press
ISBN: 1595584935
Category : Political Science
Languages : en
Pages : 333

Book Description
On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration's "war on terror." Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids. This collection gives readers an unfiltered look at the tactics approved for use in the CIA's secret overseas prisons—including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding—and at the incredible arguments advanced to give them a green light. Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration's interrogation policies. Renowned legal scholar David Cole's introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation's top lawyers contorted the law to conform to the CIA's abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law.

Stanford Law Review: Volume 63, Issue 2 - January 2011

Stanford Law Review: Volume 63, Issue 2 - January 2011 PDF Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610270495
Category : Law
Languages : en
Pages : 306

Book Description
One of the most-read law journals adds a true ebook edition to its worldwide distribution, becoming the first general interest law review to do so. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by such recognized scholars as Kenneth Bamberger, Deirdre Mulligan, Judge Richard Posner, Albert Yoon, Cynthia Estland, and Norman Spaulding. Volume 63, Issue 2's contents are: "Privacy on the Books and on the Ground," by Kenneth A. Bamberger & Deirdre K. Mulligan "What Judges Think of the Quality of Legal Representation," by Richard A. Posner & Albert H. Yoon "Just the Facts: The Case for Workplace Transparency," by Cynthia Estlund Essay, "Independence and Experimentalism in the Department of Justice," by Norman W. Spaulding Note, "The 'Benefit' of Spying: Defining the Boundaries of Economic Espionage under the Economic Espionage Act of 1996" In the new ebook edition, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.

Extra-Legal Power and Legitimacy

Extra-Legal Power and Legitimacy PDF Author: Clement Fatovic
Publisher: Oxford University Press
ISBN: 0199974721
Category : Law
Languages : en
Pages : 253

Book Description
When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit government control under normal circumstances allow for the discretionary and potentially unlimited power that such emergencies sometimes seem to require? Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability are threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do so. In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with different ways that governments have wielded extra-legal powers in times of emergency. They survey distinct models of emergency governments and draw diverse and conflicting approaches by joining influential thinkers into conversation with one another. Chapters by eminent scholars illustrate the earliest frameworks of prerogative, analyze American perspectives on executive discretion and extraordinary power, and explore the implications and importance of deliberating over the limitations and proportionality of prerogative power in contemporary liberal democracy. In doing so, they re-introduce into public debate key questions surrounding executive power in contemporary politics.

National Security, Public Health: Exceptions to Human Rights?

National Security, Public Health: Exceptions to Human Rights? PDF Author: Myriam Feinberg
Publisher: Routledge
ISBN: 1317273176
Category : Law
Languages : en
Pages : 223

Book Description
The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.

Military Law Review

Military Law Review PDF Author:
Publisher:
ISBN:
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 892

Book Description