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.

FBI CALLS BLACKWATER KILLINGS UNJUSTIFIED
On Wednesday, November 14, it was reported that federal agents investigating the September 16 shooting of Iraqi civilians by Blackwater guards have found that at least 14 of the 17 shootings constituted an unjustified use of deadly force.  The other three deaths may have been justified if the guards perceived an imminent threat. The investigators determined that up to five guards, at least some armed with automatic weapons, may have fired shots at the Iraqi civilians. No proof was found to support Blackwater's allegations that the civilians fired at the guards first or that the guards fired in self-defense. The FBI investigation continues and will conclude with the issuance of a prosecutorial report to Justice Department lawyers, who have yet to decide whether to proceed with legal action. Some officials are pessimistic about the government's ability to file criminal charges against the guards. The government could seek to prosecute the guards under the Military Extraterritorial Jurisdiction Act (MEJA), but this option is not foolproof. MEJA applies to contractors that accompany American armed forces, while the Blackwater guards were working for the State Department. The government could also try to court-martial the guards, but the Supreme Court has historically barred the courts-martial of civilians. In related news, on Saturday, a guard employed by the private security company DynCorp, shot and killed an Iraqi taxi driver. Several witnesses alleged that the taxi was stopped in traffic with its hazard lights on and that the driver posed no threat to the American convoy. Read more.

DEPARTMENT OF JUSTICE REOPENS SURVEILLANCE INQUIRY
The Department of Justice (DOJ) announced on Tuesday, November 13, that it had been granted high-level clearance to further investigate the National Security Agency's (NSA) warrantless wiretapping program. The surveillance program, which began after the September 11 terrorist attacks, was used to intercept without court warrants phone and email communications of individuals living in the U.S. with suspected ties to terrorist organizations. In July 2006, the NSA paralyzed an investigation by the department's Office of Professional Responsibility (OPR) into the conduct of department lawyers who approved and oversaw the program, by refusing to grant the OPR clearances for its investigation. President Bush's long-awaited policy reversal will enable the department to investigate the role DOJ attorneys played in the program and to evaluate whether they fulfilled their ethical obligations by providing adequate oversight and legal advice. The investigation will not determine the legitimacy of the NSA's wiretapping program; questions of legality will likely be left to the courts. Read more.

EU REOPENS INVESTIGATION INTO CIA RENDITIONS
On Wednesday, November 14, EU investigator Giovanni Fava announced the discovery of evidence alleging Ukraine's involvement in the CIA's extraordinary rendition program. Mr. Fava claimed the CIA used Ukraine's airstrips, and he continues to investigate whether the CIA also used a Ukrainian military facility. Alleged evidence includes a secret Ukrainian government document authorizing a CIA plane to land in Ukraine five times in August 2005. Ukrainian Defense Minister Anatoly Gritsenko denied the allegations as "nonsense," and CIA spokesperson Mark Mansfield refused to comment on the charges. Mr. Mansfield did note the usefulness of renditions in general, stating: "They have been carried out responsibly and with purpose." Mr. Fava drafted a report last year identifying more than 1,000 secret CIA flights with stopovers on European territory since 2001. His announcement regarding the discovery of new evidence against the Ukraine prompted the European Parliament to reopen an investigation into Europe's participation in the CIA's secret flights and prisons. The first European probe into CIA activities closed in February when critics said the lawmakers had not produced any conclusive proof. Mr. Fava is not the only European official investigating the CIA's rendition program. In a report earlier this year, a Swiss investigator accused the CIA of running secret prisons in Poland and Romania to interrogate terrorist suspects. The CIA stopped short of denying the accuracy of that report, but said it was "distorted." Read more.

BROWN FIGHTS TO EXTEND DETENTION PERIOD
On Wednesday, November 14, British Prime Minister Gordon Brown defended before Parliament a proposal to increase the time that terrorist suspects may be held by authorities before being released or criminally charged. The current limit is 28 days. Brown hopes to win a new limit of 56 or 58 days. Several human rights groups, lawyers and legislators in Brown's own party are vehemently opposed to his proposal and have said he will be hard-pressed to win public support.  A recent survey by human rights organization Liberty found that Britain already has the longest pre-charge detention period of any comparable western democracy. Those who oppose an extension believe that holding suspects for longer periods risks antagonizing the communities with greatest access to intelligence on terrorist activities.  In addition to defending his pre-charge detention proposal on Wednesday, Brown also outlined a list of new counter-terrorism initiatives that included improving security screening at transportation centers, establishing vehicle exclusion zones, and battling extremism in schools and communities. Read more.

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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