Last week, I again had the privilege of traveling to Guantanamo Bay to observe a military commission proceeding as an invited representative of a non-governmental organization (NGO), my employer, The Heritage Foundation. And once again, I was disappointed by the lack of informed commentary from my fellow NGO representatives. Perhaps the most disappointingly slanted account of the proceedings was published by Human Rights Watch’s Laura Pitter in Salon and entitled “Guantanamo’s System of Injustice.” Pitter’s central theme is that there are “vast differences” between federal court and military commissions and …
It was supposed to be the second full day in federal court for Umar Farouk Abdulmutallab. The so-called “Christmas Day bomber” aka “The Underwear Bomber” faced eight charges, including attempted murder on an aircraft. But, acting as his own attorney, Abdulmutallab surprised many Wednesday by pleading guilty. He faces a maximum possible sentence of life without parole. The case never was a “whodunit,” nor was there ever a question of why he did what he attempted to do. A guilty plea in this case simply means that the public will not …
There is more good news today in the fight against illegal immigration at the state level (and bad news for the Obama Administration’s policy against enforcement of immigration laws). This afternoon, federal district court Judge Sharon Blackburn in Alabama issued an opinion refusing the Obama Administration’s request that the court enjoin (that is, prevent from going into force) large portions of the comprehensive and controversial Alabama immigration law (H.B. 56). Recall that the Obama Justice Department (DOJ) had filed a complaint against the State of Alabama in federal court seeking …
The Office of Military Commissions quietly launched a new website this past Monday that was a year in the making. Located at www.mc.mil, it is an invaluable informational site loaded with court documents, historical information, Supreme Court cases dealing with military commissions, and other pertinent and helpful information. In a week when the buzz around Washington was that the case against al Nashiri (the USS Cole bomber held at Gitmo) would be referred to a military commission, the website is a long overdue and potent symbol of transparency in the …
Troy Davis, convicted cop killer, was executed last week by the State of Georgia for the 1989 slaying of Officer Mark MacPhail. Anti-death penalty activists held Davis out as an innocent man, and repeatedly claimed that seven of the nine witnesses to the cold-blooded murder have since recanted their damning testimony. The liberal media, welcome bedfellows of those activists, blithely repeated the claims over and over, creating the impression that Davis was an innocent man and that his case proves that the death penalty is no longer acceptable public policy. …
Just imagine if a President announced that his administration would not be prosecuting anyone for violating the following federal crimes currently on the books: (1) willfully disturbing or killing any bird, fish, or wild animal not in compliance with wildlife regulations; (2) anyone who obstructs or interferes with peaceful picketers during a labor controversy, or; (3) anyone who serves on a vessel employed in the transportation of slaves from a foreign country. The howls from the New York Times, Washington Post, San Francisco Chronicle, NPR and the like would be …
Every summer, thousands of high school and college students flock to Washington, D.C., to learn about our government and meet senior government officials. These invaluable internships give tomorrow’s leaders an up-close-and-personal experience they could never get from mere classroom work. As a former senior official, I often participate in debates and panel discussions convened for the benefit of these interns. Last week, I found myself on stage in a debate entitled: “After Bin Laden: What Next for the Fight against Terror?” After the opening remarks, students asked questions about issues …
A warning to Californians: dangerous convicted criminals are coming soon to a neighborhood near you. That’s because last week, in the case of Brown v. Plata, the Supreme Court ordered the State of California to release approximately 46,000 convicted criminals onto the streets. That decision was issued just days before a scathing report was issued by the Inspector General for the California Department of Corrections which found that prison officials in that state failed to supervise 1500 California parolees, including 450 who were a “high risk for violence.” Worst of …
Last week, the American Society of Magazine Editors’ awarded writer Scott Horton with their National Magazine Award for Reporting. The problem is, his story was a complete fiction and its flaws had been exposed from every conceivable quarter. It was June 2006 and the phone rang in the middle of the night. I knew it had to be something bad. My employee on the other end of the line said, “three detainees killed themselves at Gitmo.” As the head of detainee policy at the Pentagon, I ordered him to get …
Was it legal for the United States to enter Pakistan, without their consent, to kill or capture Osama bin Laden? The successful raid by the SEALs on May 2, 2011, which apparently occurred without the express or implied permission of Pakistan, has kicked off a debate in policy and legal circles. The short answer is, under these circumstances, yes. There are, to be sure, several legal and policy issues surrounding this operation. The broad legal question, however, as succinctly put by former State Department Legal Advisor Ashley Deeks, is this: …
