Civil Liberties Media ArticlesExcerpts of Key Civil Liberties Media Articles in Major Media
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The Supreme Court ... delivered its third consecutive rebuff to the Bush administration’s handling of the detainees at Guantánamo Bay, ruling 5 to 4 that the prisoners there have a constitutional right to go to federal court to challenge their continued detention. The court declared unconstitutional a provision of the Military Commissions Act of 2006 that ... stripped the federal courts of jurisdiction to hear habeas corpus petitions from the detainees seeking to challenge their designation as enemy combatants. Writing for the majority, Justice Anthony M. Kennedy said the truncated review procedure provided by a previous law, the Detainee Treatment Act of 2005, “falls short of being a constitutionally adequate substitute” because it failed to offer “the fundamental procedural protections of habeas corpus.” Justice Kennedy declared: “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” The decision, which was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, was categorical in its rejection of the administration’s basic arguments. Indeed, the court repudiated the fundamental legal basis for the administration’s strategy, adopted in the immediate aftermath of the attacks of Sept. 11, 2001, of housing prisoners captured in Afghanistan and elsewhere at the United States naval base in Cuba, where Justice Department lawyers advised the White House that domestic law would never reach.
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Defense attorneys for the 270 detainees at Guantanamo Bay said the Supreme Court decision yesterday that granted detainees habeas corpus rights was a watershed moment that will allow the men, some held for as long as 6 1/2 years, to challenge their detentions before a civilian judge. The court's ruling immediately gives the detainees access to a federal court in Washington, where lawyers will seek to have judges order the men released from indefinite detention. Legal experts said it is unclear how the hearings will proceed, but the government could be compelled to present highly classified evidence, and detainees could for the first time be able to publicly call witnesses, present evidence of abuse and rebut terrorism allegations. The decision could force the U.S. government to show why individual detainees must be held, something U.S. officials have fought for years. As many as 130 detainees have been deemed dangerous but are unlikely to ever face criminal charges, according to prosecutors, and now government officials could have to argue for indefinite detention even if the evidence is flimsy or nonexistent. "We're going to see a high number of people the government is going to have to release," said Michael Ratner, president of the Center for Constitutional Rights, which has represented Guantanamo Bay detainees since 2002. It is unclear how the Boumediene v. Bush decision will affect military commissions trials at Guantanamo Bay, Cuba, where 20 detainees, including ... Khalid Sheik Mohammed, have been charged with war crimes.
The number of people under supervision in the nation's criminal justice system rose to 7.2 million in 2006, the highest ever, costing states tens of billions of dollars to house and monitor offenders as they go in and out of jails and prisons. According to a recently released report released by the Bureau of Justice Statistics, more than 2 million offenders were either in jail or prison in 2006, the most recent year studied in an annual survey. Another 4.2 million were on probation, and nearly 800,000 were on parole. The cost to taxpayers, about $45 billion, is causing states such as California to reconsider harsh criminal penalties. In an attempt to relieve overcrowding, California is now exporting some of its 170,000 inmates to privately run corrections facilities as far away as Tennessee. "There are a number of states that have talked about an early release of prisoners deemed non-threatening," said Rebecca Blank, a senior fellow in economic studies at the Brookings Institution. "The problem just keeps getting bigger and bigger. You're paying a lot of money here. You have to ask if some of these high mandatory minimum sentences make sense." The bureau's report comes on the heels of a Pew Center on the States report showing 1 percent of U.S. adults behind bars, a historic high. The United States has the largest number of people behind bars in the world, according to the Pew report. Black men, about one in 15, were most affected, and Hispanics, one in 35, were well represented among offenders. The number of women in prison "rose faster in 2006 than over the previous five years."
Norman Finkelstein, the controversial Jewish American academic and fierce critic of Israel, has been deported from the country and banned from the Jewish state for 10 years, it emerged yesterday. Finkelstein, the son of a Holocaust survivor who has accused Israel of using the genocidal Nazi campaign against Jews to justify its actions against the Palestinians, was detained by the Israeli security service, Shin Bet, when he landed at Tel Aviv's Ben Gurion airport on Friday. Shin Bet interrogated him for around 24 hours. "I did my best to provide absolutely candid and comprehensive answers to all the questions put to me," [he said.] "I have nothing to hide. Apart from my political views, and the supporting scholarship, there isn't much more to say for myself: alas, no suicide missions or secret rendezvous with terrorist organisations." Finkelstein is one of several scholars rejected by Israel in the increasingly bitter divide in academic circles, between those who support and those who criticise its treatment of Palestinians. Finkelstein was also refused tenure last year at Chicago's DePaul University. The Association for Civil Rights in Israel said the deportation of Finkelstein was an assault on free speech. "The decision to prevent someone from voicing their opinions by arresting and deporting them is typical of a totalitarian regime," said the association's lawyer, Oded Peler. "A democratic state, where freedom of expression is the highest principle, does not shut out criticism or ideas just because they are uncomfortable for its authorities to hear. It confronts those ideas in public debate."
On a cloudless spring day, the NYPD helicopter soars over the city, its sights set on the Statue of Liberty. A dramatic close-up of Lady Liberty's frozen gaze fills one of three flat-screen computer monitors mounted on a console. Hundreds of sightseers below are oblivious to the fact that a helicopter is peering down on them from a mile and a half away. "They don't even know we're here," said crew chief John Diaz, speaking into a headset over the din of the aircraft's engine. The helicopter's unmarked paint job belies what's inside: an arsenal of sophisticated surveillance and tracking equipment powerful enough to read license plates — or scan pedestrians' faces — from high above the nation's largest metropolis. "It looks like just another helicopter in the sky," said Assistant Police Chief Charles Kammerdener, who oversees the department's aviation unit. Police Commissioner Raymond Kelly has said that no other U.S. law enforcement agency "has anything that comes close" to the surveillance chopper, which was designed by engineers at Bell Helicopter and computer technicians based on NYPD specifications. The $10 million helicopter is just part of the department's efforts to adopt cutting-edge technology for its [surveillance] operations. The NYPD also plans to spend tens of millions of dollars strengthening security in the lower Manhattan business district with a network of closed-circuit television cameras and license-plate readers posted at bridges, tunnels and other entry points. Civil rights advocates are skeptical about the push for more surveillance, arguing it reflects the NYPD's evolution into ad hoc spy agency.
Note: For many important reports on disturbing threats to privacy, click here.
Procurement documents released by the U.S. Air Force give a rare glimpse into Pentagon plans for developing an offensive cyber-war capacity that can infiltrate, steal data from and, if necessary, take down enemy information-technology networks. The Broad Area Announcement, posted ... by the Air Force Research Laboratory's Information Directorate, outlines a two-year, $11 million effort to develop capabilities to "access ... any remotely located open or closed computer information systems," lurk on them "completely undetected," "stealthily exfiltrate information" from them and ultimately "be able to affect computer information systems through Deceive, Deny, Disrupt, Degrade, Destroy (D5) effects." "Of interest," the announcement says, "are any and all techniques to enable user and/or root-level access to both fixed [and] mobile computing platforms ... [and] methodologies to enable access to any and all operating systems, patch levels, applications and hardware." The announcement is the latest stage in the Air Force's effort to develop a cyber-war capability and establish itself as the service that delivers U.S. military power in cyberspace. Last year, the Air Force announced it was setting up a Cyberspace Command ... and was developing military doctrine for the prosecution of cyber-war operations. The developments highlight the murky legal territory on which the cyber-wars of the future will be fought. More important, because of the difficulties in identifying attackers and immediately quantifying damage from a cyber-attack, it can be hard to determine when such attacks constitute an act of war as opposed to crime or even vandalism.
Faced with an unfriendly Congress, the Bush administration has found another, quieter way to make it more difficult for consumers to sue businesses over faulty products. It's rewriting the bureaucratic rulebook. Lawsuit limits have been included in 51 rules proposed or adopted since 2005 by agency bureaucrats governing just about everything Americans use: drugs, cars, railroads, medical devices and food. Decried by consumer advocates and embraced by industry, the agencies' use of the government's rule-making authority represents the administration's final act in a long-standing drive to shield companies from lawsuits. Of the 51 regulations, 41 came from the Food and Drug Administration and the National Highway Traffic Safety Administration, or NHTSA. Underlying this bureaucratic version of lawsuit reform is the concept of federal preemption. Rooted in the Supremacy Clause of the Constitution, federal preemption refers to circumstances in which federal law and regulation trump state law, in this instance state laws that govern when one person may be held liable for another's injury. An expansive interpretation of preemption leaves little room for consumers to sue, and that is what the national trial lawyers group, the American Association for Justice, says is taking place. Jon Haber, AAJ's chief executive officer, says the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."
Note: For lots more on government corruption from major media sources, click here.
The number of Americans being secretly wiretapped or having their financial and other records reviewed by the government has continued to increase as officials aggressively use powers approved after the Sept. 11 attacks. But the number of terrorism prosecutions ending up in court -- one measure of the effectiveness of such sleuthing -- has continued to decline, in some cases precipitously. The trends, visible in new government data and a private analysis of Justice Department records, are worrisome to civil liberties groups and some legal scholars. They say it is further evidence that the government has compromised the privacy rights of ordinary citizens without much to show for it. The Bush administration has been seeking to expand its ability to gather intelligence without prior court approval. The [Justice] department ... reported a sharp rise in the use of national security letters by the FBI -- from 9,254 in 2005 to 12,583 in 2006, the latest data available. The letters seek customer information from banks, Internet providers and phone companies. They have caused a stir because consumers do not have a right to know that their information is being disclosed and the letters are issued without court oversight. Civil liberties groups say the new data reveal a disturbing consequence of the government's post-Sept. 11 expanded surveillance capabilities. "The number of Americans being investigated dwarfs any legitimate number of actual terrorism prosecutions, and that is extremely troubling," said Lisa Graves, deputy director of the Center for National Security Studies, a Washington-based civil liberties group.
Note: For many reports from major media sources that question the reality of the "terror" threat, click here.
The FBI has withdrawn a secret administrative order seeking the name, address and online activity of a patron of the Internet Archive after the San Francisco-based digital library filed suit to block the action. It is one of only three known instances in which the FBI has backed off from such a data demand, known as a "national security letter," or NSL, which is not subject to judicial approval and whose recipient is barred from disclosing the order's existence. NSLs are served on phone companies, Internet service providers and other electronic communications service providers, but because of the gag order provision, the public has little way to know about them. FBI officials now issue about 50,000 such orders a year. The order against the Internet Archive was served Nov. 26, and the nonprofit challenged it based on a provision of the reauthorized USA Patriot Act, which protects libraries from such requests. The privacy advocacy group Electronic Frontier Foundation represented the archive in the suit, which was joined by the American Civil Liberties Union. The archive also alleged that the gag order that accompanied the data demand violated the Constitution. As part of their settlement, the FBI agreed to drop the gag order and the archive agreed to withdraw the complaint. The case was unsealed Monday. Yesterday, redacted versions of key documents were filed, allowing the parties to discuss the case. "We see this as an unqualified success," said Brewster Kahle, the archive's co-founder and digital librarian. "The goal here was to help other recipients of NSLs to understand that you can push back."
Note: The Internet Archive has now posted excellent information on how to deal with cases like this at http://government.zdnet.com/?p=3795. Three cheers for the Internet Archive!
The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law. The legal interpretation, outlined in recent letters, sheds new light on the still-secret rules for interrogations by the Central Intelligence Agency. It shows that the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees. While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments. The new documents provide more details about how the administration intends to determine whether a specific technique would be legal, depending on the circumstances involved. Some legal experts critical of the Justice Department interpretation said the department seemed to be arguing that the prospect of thwarting a terror attack could be used to justify interrogation methods that would otherwise be illegal. “What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense,” said Scott L. Silliman, who teaches national security law at Duke University. The humiliating and degrading treatment of prisoners is prohibited by Common Article 3 of the Geneva Conventions.
Note: For many disturbing reports of increasing threats to civil liberties, click here.
A Bush administration lawyer resisted a San Francisco federal judge's attempts Wednesday to get him to say whether Congress can limit the president's wiretap authority in terrorism and espionage cases, calling the question simplistic. "You can't possibly make that judgment on the public record" without knowing the still-secret details of the electronic surveillance program that President Bush approved in 2001, Justice Department attorney Anthony Coppolino said at a crucial hearing in a wiretapping lawsuit. Chief U.S. District Judge Vaughn Walker didn't rule immediately on the government's request to dismiss the suit by an Islamic charity in Oregon, which says a document that federal authorities accidentally released showed it was wiretapped. But Walker, in an extensive exchange with Coppolino, said Congress had spoken clearly in a 1978 law that required the government to obtain a warrant from a secret court before it could conduct electronic surveillance of suspected foreign terrorists or spies. "The president is obliged to follow what Congress has mandated," Walker said. The case may determine whether any U.S. court can judge the legality of Bush's covert order to the National Security Agency to intercept phone calls and e-mails between Americans and suspected foreign terrorists without seeking judicial approval. After Bush acknowledged the existence of the program, Congress temporarily extended it in August and now is debating whether to protect telecommunications companies from lawsuits for their past cooperation. Most lawsuits challenging the program have been dismissed because the plaintiffs were unable to show that they had been wiretapped.
Note: For many disturbing reports of increasing threats to civil liberties, click here.
The Defense Advanced Research Project Agency, that secretive band of Pentagon geeks that searches obsessively for the next big thing in the technology of warfare, is 50 years old. So what's hot at DARPA right now? Bugs. The creepy, crawly flying kind. The Agency's Microsystems Technology Office is hard at work on HI-MEMS (Hybrid Insect Micro-Electro-Mechanical System), raising real insects filled with electronic circuitry, which could be guided using GPS technology to specific targets via electrical impulses sent to their muscles. These half-bug, half-chip creations — DARPA calls them "insect cyborgs" — would be ideal for surveillance missions, the agency says in a brief description on its website. Such bugs "could carry one or more sensors, such as a microphone or a gas sensor, to relay back information gathered from the target destination." Scientist Amit Lal and his team insert mechanical components into baby bugs during "the caterpillar and the pupae stages," which would then allow the adult bugs to be deployed to do the Pentagon's bidding. "The HI-MEMS program is aimed at developing tightly coupled machine-insect interfaces by placing micro-mechanical systems inside the insects during the early stages of metamorphosis," DARPA says. DARPA declined TIME's request to interview Dr. Lal about his program and the progress he is making in producing the bugs. But in a written statement, spokeswoman Jan Walker said that "living, adult-stage insects have emerged with the embedded systems intact." Presumably, enemy arsenals will soon be well-stocked with Raid.
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The Bush administration said yesterday that it plans to start using the nation's most advanced spy technology for domestic purposes soon, rebuffing challenges by House Democrats over the idea's legal authority. Homeland Security Secretary Michael Chertoff said his department will activate his department's new domestic satellite surveillance office in stages, starting as soon as possible. Sophisticated overhead sensor data will be used for law enforcement once privacy and civil rights concerns are resolved, he said. His statements marked a fresh determination to operate the department's new National Applications Office. But Congress delayed launch of the new office last October. Critics cited its potential to expand the role of military assets in domestic law enforcement, to turn new or as-yet-undeveloped technologies against Americans without adequate public debate, and to divert the existing civilian and scientific focus of some satellite work to security uses. Democrats say Chertoff has not spelled out what federal laws govern the NAO, whose funding and size are classified. Congress barred Homeland Security from funding the office until its investigators could review the office's operating procedures and safeguards. The department submitted answers on Thursday, but some lawmakers promptly said the response was inadequate. [Rep. Bennie G. Thompson (D-Miss.), chairman of the House Homeland Security Committee] said, "We still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."
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President Bush says he knew his top national security advisers discussed and approved specific details about how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, according to an exclusive interview with ABC News. "Well, we started to connect the dots in order to protect the American people," Bush told ABC News White House correspondent Martha Raddatz. "And yes, I'm aware our national security team met on this issue. And I approved." As first reported by ABC News, the most senior Bush administration officials repeatedly discussed and approved specific details of exactly how high-value al Qaeda suspects would be interrogated by the CIA. The president had earlier confirmed the existence of the interrogation program run by the CIA in a speech in 2006. But before [ABC's original] report, the extraordinary level of involvement by the most senior advisers in repeatedly approving specific interrogation plans -- down to the number of times the CIA could use a certain tactic on a specific al Qaeda prisoner -- had never been disclosed. Critics at home and abroad have harshly criticized the interrogation program, which pushed the limits of international law and, they say, condoned torture. In the interview with ABC News, Bush defended the waterboarding technique used against KSM. "We had legal opinions that enabled us to do it," Bush said. "And no, I didn't have any problem at all trying to find out what Khalid Sheikh Mohammed knew." The president said, "I think it's very important for the American people to understand who Khalid Sheikh Mohammed was. He was the person who ordered the suicide attack -- I mean, the 9/11 attacks."
Note: For a transcript of the interview with President Bush on the Washington Post website, click here. For a powerful two-page summary of many unanswered questions about who really ordered the 9/11 attacks, click here.
Bush administration officials from Vice President Dick Cheney on down signed off on using harsh interrogation techniques against [captives] after asking the Justice Department to endorse their legality, The Associated Press has learned. The officials also took care to insulate President Bush from a series of meetings where CIA interrogation methods, including waterboarding, ... were discussed and ultimately approved. A former senior U.S. intelligence official familiar with the meetings ... spoke on condition of anonymity because he was not authorized to publicly discuss the issue. Between 2002 and 2003, the Justice Department issued several memos from its Office of Legal Counsel that justified using the interrogation tactics, including ones that critics call torture. "If you looked at the timing of the meetings and the memos you'd see a correlation," the former intelligence official said. The meetings were held in the White House Situation Room in the years immediately following the Sept. 11 attacks. Attending the sessions were Cheney, then-Bush aides Attorney General John Ashcroft, Secretary of State Colin Powell, CIA Director George Tenet and National Security Advisor Condoleezza Rice. The American Civil Liberties Union called on Congress to investigate. "With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House," ACLU legislative director Caroline Fredrickson said. "This is what we suspected all along." The former intelligence official described Cheney and the top national security officials as deeply immersed in developing the CIA's interrogation program during months of discussions over which methods should be used and when."
In dozens of top-secret talks and meetings in the White House, the most senior Bush administration officials discussed and approved specific details of how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, sources tell ABC News. The so-called Principals who participated in the meetings also approved the use of "combined" interrogation techniques -- using different techniques during interrogations, instead of using one method at a time -- on [captives] who proved difficult to break, sources said. The high-level discussions about these "enhanced interrogation techniques" were so detailed, these sources said, some of the interrogation sessions were almost choreographed -- down to the number of times CIA agents could use a specific tactic. The advisers were members of the National Security Council's Principals Committee, a select group of senior officials who met frequently to advise President Bush on issues of national security policy. At the time, the Principals Committee included Vice President Cheney, former National Security Advisor Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, as well as CIA Director George Tenet and Attorney General John Ashcroft. Rice chaired the meetings, which took place in the White House Situation Room and were typically attended by most of the principals or their deputies. According to multiple sources, it was members of the Principals Committee that not only discussed specific plans and specific interrogation methods, but approved them. The Principals also approved interrogations that combined different methods, pushing the limits of international law and even the Justice Department's own legal approval in the [infamous] 2002 memo.
Thirty pages into a memorandum discussing the legal boundaries of military interrogations in 2003, senior Justice Department lawyer John C. Yoo tackled a question not often asked by American policymakers: Could the president, if he desired, have a prisoner's eyes poked out? Or, for that matter, could he have "scalding water, corrosive acid or caustic substance" thrown on a prisoner? How about slitting an ear, nose or lip, or disabling a tongue or limb? What about biting? These assaults are all mentioned in a U.S. law prohibiting maiming, which Yoo parsed as he clarified the legal outer limits of what could be done to terrorism suspects as detained by U.S. authorities. The specific prohibitions, he said, depended on the circumstances or which "body part the statute specifies." But none of that matters in a time of war, Yoo also said, because federal laws prohibiting assault, maiming and other crimes by military interrogators are trumped by the president's ultimate authority as commander in chief. In the sober language of footnotes, case citations and judicial rulings, the memo explores a wide range of unsavory topics, from the use of mind-altering drugs on captives to the legality of forcing prisoners to squat on their toes in a "frog crouch." It repeats an assertion in another controversial Yoo memo that an interrogation tactic cannot be considered torture unless it would result in "death, organ failure or serious impairment of bodily functions." Yoo, who is now a law professor at the University of California at Berkeley, also uses footnotes to effectively dismiss the Fourth and Fifth amendments to the Constitution, arguing that protections against unreasonable search and seizure and guarantees of due process either do not apply or are irrelevant in a time of war. He frequently cites his previous legal opinions to bolster his case.
The Justice Department concluded in October 2001 that military operations combating terrorism inside the United States are not limited by Fourth Amendment protections against unreasonable searches and seizures, in one of several secret memos containing new and controversial assertions of presidential power. The memo, sent on Oct. 23, 2001, to the Defense Department and the White House by the Office of Legal Counsel, focused on the rules governing any deployment of U.S. forces inside the country "in the event of further large-scale terrorist activities." Administration officials declined to detail what domestic military operations were being contemplated at the time. The memo has not been formally withdrawn. The Fourth Amendment assertion is one of several far-reaching legal arguments revealed by the disclosure Tuesday of a 2003 Justice Department memo that authorized harsh military interrogations. In its footnotes, asides and central text, that 81-page memo asserted nearly unlimited presidential powers during a time of war. The document disclosed, for example, that the administration's top lawyers had declared that the president has unfettered power to seize oceangoing ships as commander in chief; that Congress has no ability to pass legislation governing the interrogations of enemy combatants; and that federal laws prohibiting assault and other crimes did not apply to military interrogators. One section discussed to what extent the president might be allowed to legally maim a prisoner, such as through the use of a "scalding, corrosive, or caustic substance." A footnote argued that Fifth Amendment guarantees of due-process rights "do not address actions the Executive takes in conducting a military campaign against the Nation's enemies."
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Forty years ago, Dr. Martin Luther King, Jr. was shot down. The alleged assassin [was] a small time criminal on the run. Some of Dr. King's closest aides believe the full story has yet to be told. From his first days in the civil rights movement, Dr. King lived under the shadow of death - his house bombed in the Montgomery bus boycott, followers killed in Birmingham and Selma. He was stabbed once in Harlem at a book signing. Dr. King's electrifying speech at the March on Washington in August of 1963 had made him the ... the FBI's nightmare, according to the official paper trail. They called him in one of the FBI memos released later "the most dangerous Negro." Pulitzer Prize winner David Garrow ... discovered thousands of these memos while writing his book, "The FBI and Martin Luther King." The memos show an FBI obsessed. Director J. Edgar Hoover sent Attorney General Robert Kennedy [the] warning [that] communists were pulling Dr. King's puppet strings. Fellow minister Ralph Abernathy discovered an FBI bug while speaking at an Alabama church. Hoover ... called Reverend King "the most notorious liar in the country" in a rare 1964 press conference. When Dr. King won the Nobel Prize, the FBI mailed an anonymous package to Dr. King's office [containing sexually explicit recordings along] with an ominous note. There was nothing nervous about him that last day in Memphis. "I'm not worried about anything. I'm not fearing any man," King said. He probably never even heard the shot.
Note: Watch clips of this news report and a CNN program on a conspiracy surrounding the Martin Luther King, Jr. assassination. Then watch an excellent six-minute video clip of a Canadian news program giving an excellent overview of the 1999 civil trial in Memphis which found the U.S. government guilty in the assassination.
The Justice Department's newly declassified torture memo outlined the broad legal authority its lawyers gave to the Bush White House on matters of torture and presidential authority during times of war. The March 14, 2003 memorandum ... provided legal "guidance" for military interrogations of "alien unlawful combatants," and concluded that the president's authority during wartime took precedence over the individual rights of enemies captured in the field. The memo ... determined that amendments to the U.S. Constitution, which in part protect rights of individuals charged with crimes, do not apply equally to enemy combatants. "The Fifth Amendment due process clause does not apply to the president's conduct of a war," the memo noted. It also asserted, "The detention of enemy combatants can in no sense be deemed 'punishment' for purposes of the Eighth Amendment," which prohibits "cruel and unusual" forms of punishment. The memo was drafted by John Yoo, who was at the time the deputy assistant attorney general for the Justice Department's Office of Legal Counsel. Former aides to John Ashcroft say the then-attorney general privately dubbed Yoo "Dr. Yes" for being so closely aligned with lawyers at the White House. The memo also provided an argument in defense of government interrogators who used harsh tactics in their line of work. The memo also laid out a defense against the authority of the U.N. Convention Against Torture, or CAT. Jack Goldsmith who headed OLC from October 2003 to July 2004, and worked at the Pentagon before coming to the department ... described the problems he had reviewing and standing by Yoo's work. "My first [reaction] was disbelief that programs of this importance could be supported by legal opinions that were this flawed."
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Important Note: Explore our full index to key excerpts of revealing major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.