Human Rights First's U.S. Law and Security Digest is a weekly report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights.

HUMAN RIGHTS FIRST EXPRESSES CONCERNS OVER REPUBLICAN DEBATE DISCUSSION OF EXTREME INTERROGATION
Tuesday’s Republican presidential debate marked a first in its discussion of torture, but the general support for the use of extreme interrogation techniques raises human rights concerns. Focusing on a hypothetical situation involving terrorist attacks and the capture and interrogation of alleged suspects, there was marked support for the use of "extreme interrogation techniques," including waterboarding, which amount to torture and other unlawful behavior. In response to the debate, Maureen Byrnes, Executive Director of Human Rights First, criticized the "ticking time bomb scenario as "a fundamentally flawed hypothetical and not a sound basis for making policy," and cautioned that "enhanced interrogation techniques" are "abusive and illegal, rarely produce reliable intelligence, and cause the United States to lose the moral high ground." Read more.

COURT OF APPEALS CONSIDERS LEGAL RESTRICTIONS ON DETAINEES IN GUANTANAMO
On Tuesday the U.S. Court of Appeals for the District of Columbia heard arguments concerning repeat hearings and restrictions on legal representation for Guantanamo detainees. Lawyers for the detainees argued that repeat hearings are unfair because they provide the Pentagon with the authority to redo trials until a favorable verdict is reached. Justice Department lawyers argued that combatant status review tribunals should not be compared to civilian courts and that multiple proceedings are a necessary part of the military's process. The appeals case also involves a set of restrictions regarding detainees' legal representation. The issue gained momentum last week when the Justice Department withdrew its earlier suggestion to enact a limit of three visits per year between attorneys and detainees. While the proposal to enact visitation restrictions has been removed, other proposals are still pending. Advocacy groups argue that other suggestions made by the Justice Department, such as initiatives to monitor attorney-client email and to deny access to secret evidence, would make "meaningful representation impossible." In turn, government supporters argue that the proposed restrictions are necessary to quell turmoil that has ensued as a result of information sharing between attorneys and detainees. Read more.

HOUSE PASSES AMENDMENT PRESSURING PENTAGON TO SET AGENDA FOR GUANTANAMO DETAINEES
On Thursday the House passed a defense authorization bill, with an amendment demanding that the Pentagon detail its agenda for detainees at Guantanamo. The bill, which passed through the House by an overwhelming majority, would fund new military equipment and higher salaries for troops. During the negotiations, an amendment requesting videotaping of prisoner interrogations was proposed by Rep. Rush Holt (D-NJ) but rejected by the House. Rep. James Moran (d-VA) suggested another amendment that would require the Pentagon to report its plans for Guantanamo, noting how many detainees the Pentagon plans to try, hold without trial, or remove from Guantanamo in the upcoming year. Moran's amendment passed, despite White House statements warning it will block any bill attempting to influence the government's treatment of Guantanamo detainees. Read more.

DETAINEE CLAIMS TORTURE BY U.S. MILITARY
In a transcript from his combatant status review tribunal hearing released this week, Majid Khan – a detainee previously held in the CIA secret detention and interrogation program – told a panel of military officers that he suffered torture during his detention in Guantanamo. In 2003 Khan was captured by Pakistani officials in Karachi and accused of assisting in the setup of proposed al Qaeda attacks. He has since been handed over to American authorities, first held in CIA secret prisons and currently imprisoned at Guantanamo. During his hearing last month, Khan argued that he is innocent and was never involved in al Qaeda operations. Khan also provided graphic details of the treatment he endured while at Guantanamo, though many of his claims were wholly redacted. Priti Patel, an associate attorney at Human Rights First, criticized the redactions, noting that it "strengthens the view that the administration has something to hide." Khan asserted that his beard was shaven, he was forced to eat during a hunger strike, personal items were confiscated, he twice attempted suicide, and he was "mentally tortured." Prior to arriving in Guantanamo, Khan was held by the CIA in secret detention for four years, although no charges were ever brought against him. Khan argues that his current detention at Guantanamo is even more unbearable than his detention in the CIA program. Read more.

PENTAGON PLANS TO INCREASE COUNTERTERRORISM AID TO FOREIGN GOVERNMENTS
This week the Pentagon proposed an initiative designed to expand American funding to support counterterrorism programs abroad. If passed, the so-called Building Global Partnerships Act of 2007 will grant the secretary of defense $750 million to fund military and security groups aimed at combating terrorism and providing stability. While not included in the bill proposal, the Pentagon is also hoping to expand the Commander's Emergency Response Program (CERP). CERP, which was established in Iraq in 2003, took money from Hussein's regime and distributed the funds to commanders working on small community rebuilding programs. In 2008 the Pentagon hopes to receive $1 billion to fund CERP on a global level. Congress will also be asked to vote on funding to support similar programs in Pakistan and Jordan. Several congressional leaders oppose sponsorship of the Pentagon's initiatives, arguing that funding and agenda-setting should remain within the State Department's jurisdiction. Read more.

2004 EAVESDROPPING PROGRAM FACED STRONG OPPOSITION FROM JUSTICE DEPARTMENT
On Tuesday former Deputy Attorney General James Comey testified before the Senate Judiciary Committee regarding the White House's approach to the 2004 eavesdropping program and the Justice Department's strong opposition to the breach in privacy inherent in the initiative. According to his testimony, Comey, who became the acting attorney general when John Ashcroft was hospitalized, refused to approve the eavesdropping program. In response, then white House Counsel Alberto Gonzales and then Chief of Staff Andrew Card tried to bypass Comey's authority by visiting Ashcroft in his hospital bed. Ashcroft refused to renew the program despite Gonzales's and Card's insistence. Ashcroft and FBI Director Robert Mueller III, amongst other top Justice Department officials, threatened to resign if the National Security Agency initiatives were permitted. President Bush prevented further escalation of the conflict by allowing the program to temporarily continue without the Justice Department's consent. Read more.

ATTORNEYS QUESTION KEY PIECE OF EVIDENCE IN PADILLA TRIAL
After spending three and a half years in a military brig without charge or trial, this week Jose Padilla heard evidence against him for the first time in civilian court. Originally held as an "enemy combatant" Padilla is charged with providing support to terrorist organizations and conspiring to murder people overseas. On Tuesday a CIA officer testifying in disguise said he had come into possession of an al Qaeda "pledge form" bearing Padilla's fingerprints and proving his membership in the terrorist organization. Padilla's lawyers said the form was "questionable evidence" and that the CIA had mishandled the evidence. The defense also questioned the credibility of the Afghan source who provided the CIA with the document. Human Rights First has filed several "friend of the court" briefs in support of Padilla, arguing that Americans captured on U.S. soil must be granted the right to challenge their detentions. Read more.

MAY 22: HOUSE ARMED SERVICES COMMITTEE MEETING
The Oversight and Investigations Subcommittee will hold a meeting to receive testimony regarding training of Iraqi Security Forces and employment of transition teams. The meeting will be held at 9:00 a.m. at 2118 Rayburn House Office Building. More information.

MAY 22: SENATE JUDICIARY HEARING ON HABEAS
The Senate Committee on the Judiciary will hold a hearing on "Restoring Habeas Corpus: Protecting American Values and the Great Writ." The hearing will be held at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building in Washington, D.C. More information.

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