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.

MUKASEY GIVES VAGUE ANSWERS REGARDING TORTURE OF TERRORIST SUSPECTS
While appearing for confirmation hearings this week, Attorney General nominee Judge Michael Mukasey was outspoken in his opposition to torture, but he refused to reveal his views regarding the legality of specific interrogation techniques. On Wednesday, October 17, Judge Mukasey renounced the 2002 Bybee memo authorizing coercive practices in violation of Common Article 3 of the Geneva Conventions. However, when questioned on Thursday, October 18, about the specific practice of waterboarding, Judge Mukasey declined to acknowledge that the practice is a form of torture prohibited by law. When asked to elaborate, he said only, "If waterboarding is torture, then waterboarding is not constitutional." This drew a rebuke from Senator Sheldon Whitehouse (D-R.I), who accused Judge Mukasey of hedging. Judge Mukasey also refused to say that the humane treatment provisions of Common Article 3 apply to all prisoners in U.S. custody, including those in CIA custody. During questioning about the Bush administration's program of eavesdropping without warrants, Judge Mukasey suggested the program might have been constitutional even if it violated federal law. This remark also drew criticism, with Senator Patrick Leahy (D-Vt) stating, "I see a loophole big enough to drive a truck through." Read more.

SENATE PANEL REACHES EAVESDROPPING COMPROMISE
The Senate Intelligence Committee voted on Thursday, October 18, to approve compromise legislation that would grant retroactive immunity to telephone and Internet companies for their participation in the government's warrantless surveillance program following the September 11 terrorist attacks. The legislation would also give the Foreign Intelligence Surveillance Court greater oversight during the surveillance process. A similar bill has been proposed by House Democrats, but the House bill does not grant immunity to the major telephone carriers, some of whom are being sued over their roles in the eavesdropping program. President Bush has threatened to veto any legislation that does not provide immunity to the telephone companies. Senate Democrats conceded to a retroactive immunity clause after the White House shared with the Senate classified documents detailing the program. While the House bill remains stalled by a veto threat, the Senate bill will now pass to the Senate Judiciary Committee for further consideration. Read more.

CIA DIRECTOR ORDERS INTERNAL INVESTIGATION
On Friday, October 12, CIA director Gen. Michael V. Hayden ordered an inquiry by top agency officials into CIA Inspector General John L. Helgerson's investigation of the agency's detention and rendition of terrorist suspects. The order was given in response to complaints regarding Mr. Helgerson's aggressive inquiries into the CIA's counterterrorism programs. Gen. Hayden's announcement elicited sharp criticism from members of Congress, who claim the investigation may threaten the inspector general's independence as the agency's watchdog charged with finding facts and suggesting disciplinary action. Opponents to the inquiry fear Gen. Hayden is trying to influence Mr. Helgerson's investigations, which in the past have criticized the CIA's interrogation techniques and its failure to prevent the September 11 attacks. Gen. Hayden refuted such claims, calling the inquiry "a straightforward management review, nothing more." The team investigating Mr. Helgerson is expected to report to the Senate and House Intelligence Committees with its findings. Read more.

FIRST MEETING OF HIGH-VALUE DETAINEE AND PRIVATE COUNSEL AT GUANTANAMO
The Tuesday, October 16 meeting between Majid Khan and attorneys Gitanjali Gutierrez and Wells Dixon marked the first time a high-value detainee incarcerated at Guantanamo Bay, Cuba was permitted access to civilian counsel. Ms. Gutierrez, a lawyer with the Center for Constitutional Rights, has represented Mr. Khan for over a year, but prior to Tuesday, she was not permitted to meet with her client. Majid Khan, a longtime U.S. resident, traveled to Pakistan in 2003 to marry when the CIA apprehended him under allegations that he plotted terrorist attacks with fellow high-value detainee Khalid Sheik Mohammed. Mr. Khan's whereabouts remained unknown until September 2006, when the CIA released him from a secret prison and transferred him to the U.S. prison at Guantanamo Bay. Citing a gag order, Ms. Gutierrez declined to comment on the content of her meeting with Mr. Khan, but she did acknowledge that other meetings have been planned. It remains to be determined whether the meeting serves as a sign that charges will be brought against the fifteen high-value detainees being held at Guantanamo Bay. In related news, the war crimes cases against detainees Omar Khadr and Salim Ahmed Hamdan are set to resume on November 8 and November 9 respectively. Mr. Khadr's case is to continue despite his appeal pending in the D.C. Circuit challenging a September 24 decision to send the case back to a military commission. The first issue at both trials will be whether the government has sufficient evidence to classify the men as "unlawful enemy combatants." Read more.

OCTOBER 22: PANEL ON GUANTANAMO BAY DETENTIONS
The Peace and Conflict Studies Program at Colgate University will host a panel discussion entitled "With and Without Law: A Panel on Detentions at Guantanamo Bay," featuring Devon Chafee, an Associate Attorney at Human Rights First. The discussion will begin at 7:00 p.m. in Persson Hall 27, 13 Oak Drive, Hamilton, NY. More information.

OCTOBER 24: FORUM ON PREEMPTION AND THE WAR ON TERROR
The Center on Law and Security at New York University School of Law will present "Less Safe, Less Free? The Failure of Preemption in the War on Terror." The discussion will feature Professor David Cole, co-author of "Less Safe, Less Free: Why America is Losing the War on Terror." The event begins at 6:00 p.m. in Lipton Hall, 108 W. 3rd Street, New York, NY. More information.

OCTOBER 30: WAR ON TERROR DISCUSSION
The Human Rights Institute and Center for National Security and the Law at Georgetown University will present a discussion in honor of the release of "Less Safe, Less Free: Why America is Losing the War on Terror," by Professor David Cole and Jules Lobel. The discussion will begin at 3:45 p.m. in McDonough Hall, Hart Auditorium, 600 New Jersey Avenue, N.W. Washington, D.C.

NOVEMBER 1: DISCUSSION ON WORST CASE SCENARIOS
The Center on Law and Security at New York University School of Law with the Office of the Vice Dean at NYU School of Law will host a discussion with Professor Cass Sunstein, author of the new book entitled Worst Case Scenarios. Professor Sunstein will focus on possible reactions to terrorism and climate change. The event begins at 6:00 p.m. in Lipton Hall, 108 W. 3rd Street, New York, NY. More information.

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