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.

SENATE CONFIRMS MUKASEY
A divided Senate narrowly confirmed former Judge Michael Mukasey Thursday night as the 81st attorney general of the United States. The 53-40 vote came after more than four hours of floor debate and gave Judge Mukasey the lowest level of congressional support of any attorney general since 1952. During confirmation hearings, Mukasey angered many lawmakers and human rights groups by refusing to state that waterboarding, a simulated drowning technique, constitutes illegal torture. Judge Mukasey acknowledged that he personally finds waterboarding "repugnant," but said he could not determine its legality without access to classified information. All four Democratic senators running for president opposed Judge Mukasey's nomination, and only six Democrats voted in his favor on Thursday, including Senators Dianne Feinstein (D-Calif.) and Charles Schumer (D-N.Y.). Judge Mukasey's Democratic supporters expressed dissatisfaction with his comments on waterboarding but stated that he was the best hope for change at the Justice Department. Judge Mukasey has pledged to review the Justice Department's legal opinions on torture and its detention policies. Legislation is currently being pushed forward in both houses of Congress that would hold all individuals - CIA agents included - accountable to Army Field Manual regulations that prohibit waterboarding and other extreme interrogation techniques. Read more.

MILITARY COMMISSION PROCEEDINGS RESUME IN GUANTANAMO
On Thursday, November 8, a hearing was held in the military commission case against Guantanamo Bay detainee Omar Khadr. It was the first hearing since all Guantanamo war crimes cases came to a halt in June 2007 following Judge Col. Brownback's dismissal of the case against Mr. Khadr for failure to designate him an "unlawful enemy combatant." No trial date was scheduled yesterday, and the question whether Mr. Khadr would be judged an "unlawful enemy combatant" was set aside for the time being. Following the hearing, Mr. Khadr's defense team stated that prosecutors had just told them on Tuesday night about an eyewitness who may have helpful information for their client. "How we can have newly discovered evidence is beyond me" said defense lawyer Michael Berrigan, since the government has been pursuing charges against Omar Khadr for years. Mr. Khadr, the only Canadian detainee at Guantanamo, is charged with murder, attempted murder, conspiracy and providing material support to terrorists. Human rights advocates have criticized the case against Mr. Khadr because he was captured in Afghanistan when he was only fifteen and has been held in Guantanamo since he was sixteen. He is now 21. Read more.

LAWSUIT PROCEEDS AGAINST CONTRACTORS ACCUSED OF ABUSE
On Tuesday, November 6, U.S. District Judge James Robertson of the District of Columbia allowed a civil suit to proceed against CACI International contractors allegedly involved in detainee abuse at the Abu Ghraib prison in Iraq. In a 23-page ruling, Judge Robertson stated that "a reasonable trier of fact could conclude that CACI retained significant authority to manage its employees" in Iraq. In the same order, Judge Robertson dismissed the claims brought against Titan Corp because Titan contractors were under direct U.S. military supervision, thus freeing the company of blame. The suit was filed in 2004 on behalf of 212 Iraqis who said they or their husbands were abused at Abu Ghraib. CACI argued that contractors, like government personnel, should be shielded by federal laws that protect individuals participating in wartime military activities. The Center for Constitutional Rights, an organization representing the Iraqis, praised Judge Robertson's decision, describing it as "a key victory in the war against torture." The ruling raised speculation about how prosecutions may proceed against Blackwater guards involved in a September 16 shooting of Iraqi civilians. In related news, on Wednesday, Rep. Jan Schakaowsky (D-Ill.) introduced a bill that would gradually begin to remove private security contractors from Iraq and replace them with diplomatic or military personnel. The legislation called for the removal of all security contractors by 2009. Read more.

EU JUSTICE OFFICIAL PROPOSES NEW ANTI-TERROR LAWS
Franco Frattini, the European Union's commissioner for justice, introduced two new anti-terror proposals on Tuesday, November 6. The first would criminalize terrorist recruitment efforts and the spread of terrorist information via the internet. The second would increase the collection of personal data on airline passengers, including telephone numbers and email addresses. The information would be retained for thirteen years. The plan to collect more data, which is modeled after the U.S. system of information gathering, has been criticized by lawmakers and rights groups who say it undermines privacy rights. The proposal to criminalize more terrorist-related activities came just one day after the release of a report by M-15, the British intelligence agency, commenting on the likelihood of future al Qaeda attacks. M-15's chief intelligence director, Jonathan Evans, warned that the number of terrorist supporters has increased by 400 people in the past year and that children as young as fifteen are being targeted as recruits. Read more.

NOVEMBER 9-11: NATIONAL ASSOCIATION OF MUSLIM LAWYERS (NAML) ANNUAL CONFERENCE
The NAML will host its annual conference, entitled "Protecting America's Promise." Kevin Lanigan, Director of the Law & Security Program at Human Rights First, will speak on a panel discussing the impact and legality of U.S. counterterrorism policies overseas. The three-day conference will begin on Friday, November 9, at 5:30 p.m. at the Marriott at San Francisco Airport, Burlingame, CA. More information.

NOVEMBER 14: CONFERENCE ON PRIVACY AND NATIONAL SECURITY
The Center on Law and Security at New York University School of Law will host a conference entitled "Privacy in the Age of National Security." The all-day event will begin at 9:15 a.m. in Greenberg Lounge, Vanderbilt Hall, 40 Washington Square South, New York, NY. More information.

NOVEMBER 15: DISCUSSION ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
California Western School of Law will host a discussion entitled "Bull in a China Shop: U.S. Treatment of International Human Rights and Humanitarian Law," featuring Gabor Rona, International Legal Director at Human Rights First.  The event will begin at 12:10 p.m. in the Gafford Moot Courtroom, California Western School of Law, 225 Cedar Street, San Diego, CA. More information. Mr. Rona will host similar lectures throughout the week of November 12 at Santa Clara University School of Law, Loyola Law School and Whittier Law School.  Please refer to individual university websites for more information on these events.

NOVEMBER 17: SYMPOSIUM ON EXTRAORDINARY RENDITION
The University of North Carolina School of Law at Chapel Hill will host a discussion entitled "Extraordinary Rendition: the State Secrets about the War on Terror." The first panel will begin at 9:00 a.m. and will be followed by a keynote address and a second panel ending at 4:00 p.m. The event will be held at the UNC School of Law, 100 Ridge Road, Chapel Hill, NC. More information.

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