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.

"I mean, when this democracy in Iraq solidifies and emerges and is whole, people will understand what I meant about the democracy agenda. People will know that my view is not American democracy, but it's freedom based upon certain principles that honors the traditions and culture of the host country... The other thing is, if I could be perfectly blunt about it, I think people who say we can be free, but you shouldn't be, are elitist."

President George W. Bush, January 15, interview with Terry Moran.

"These are countries where, sadly, the record is clear -- torture and ill treatment happens."

Alex Neve of Amnesty International, January 16, in response to the release of an official Canadian document placing the United States and Israel on a torture watch list.

NEW HRF REPORT STUDIES PRIVATE SECURITY CONTRACTORS AND THE GROWING CULTURE OF IMPUNITY
On Wednesday, January 16, Human Rights First launched a report entitled "Private Security Contractors at War: Ending the Culture of Impunity," detailing the Department of Justice's systematic failure to hold contractors operating in Iraq and Afghanistan criminally responsible for acts of abuse and excessive use of violence. Concerns regarding contractor responsibility increased following a September 2007 incident in which Blackwater guards were involved in the killing of 17 Iraqi civilians. According to the report, "[t]he U.S. government's reaction to the shootings has been characterized by confusion, defensiveness, a multiplicity of uncoordinated ad hoc investigations, and interagency finger-pointing." The Justice Department's failure to allocate sufficient investigative and prosecutorial resources to incidents of contractor abuse has created a "dangerous culture of impunity," resulting in a "shoot first, ask questions later – or never" mentality. The report recommends strengthening, expanding and implementing existing laws, but it also recognizes that the current legal framework already "covers most criminal misconduct by most contractors in Iraq and Afghanistan." Senators are currently drafting legislation that would enhance contractor accountability and improve oversight. Read more.

HOUSE HEARING INVESTIGATES CIA'S ROLE IN TAPE DESTRUCTION
On Wednesday, January 16, the CIA's top lawyer, John Rizzo, testified at a closed hearing before the House Intelligence Committee regarding the CIA's destruction of interrogation videotapes in 2005. In particular, Rizzo addressed the decision by the CIA's former head of clandestine services, Jose Rodriguez, to order the videotapes destroyed. Following the hearing, Rep. Peter Hoekstra (R-Mich.) said Rizzo had suggested that Rodriguez may have acted on his own authority when he ordered the tapes' destruction and that Rodriguez "may not have been following instructions." A lawyer representing Rodriguez challenged this claim, stating that former CIA Director Porter Goss was "well aware of the situation" and had never criticized Rodriguez's plan to destroy the tapes. The committee had subpoenaed Rodriguez to testify on Wednesday, but his testimony was postponed due to his refusal to answer questions without a grant of immunity. Meanwhile, the Justice Department is conducting its own investigation into the destruction of the tapes. On Tuesday, the chairman of the House Judiciary Committee, along with 18 other House Democrats, sent a letter to Attorney General Michael Mukasey asking him to replace John Durham, the federal prosecutor leading the investigation, with a special counsel capable of "meet[ing] the tests of independence, transparency and completeness." Read more.

PADILLA AND CO-DEFENDANTS FACE POSSIBLE LIFE SENTENCES
On Tuesday, January 15, U.S. District Judge Marcia Cooke ruled that Jose Padilla and his two co-defendants met the criteria for a "terrorism enhancement" under federal sentencing guidelines. The enhancement increases the potential penalty for crimes committed with the intent to retaliate against, coerce or intimidate a government. Padilla and his co-defendants, Adham Amin Hassoun and Kifah Wael Jayyousi, were convicted in August 2007 for participating in a North American support cell for al Qaeda and other Islamic extremist groups. Judge Cooke rejected defense arguments that Padilla was a minor player in the scheme and that he deserved a maximum of ten years. "He was an instrument of the scheme itself," Judge Cooke said. "He responded to the call to go overseas." Under the enhanced sentencing guidelines, all three men face thirty years to life in prison. Read more.

US FEARS EUROPE BECOMING NEW PLATFORM FOR TERROR
In an interview with BBC radio on Wednesday, January 16, Homeland Security Secretary Michael Chertoff stated that there is a rising fear among U.S. authorities that Europe is "becoming a platform for a threat against the United States." Chertoff cited the bombings in Madrid in 2004 and the recent bombing attempts in Britain and Germany as further proof that homegrown terrorism in Europe is on the rise. He expressed concern over the ease with which Europeans travel to the U.S., and indicated that increased security measures, including an advance travel authorization system requiring travelers to register online prior to traveling, may be an option in the future. Read more.

FEBRUARY 1: CONFERENCE ON NATIONAL SECURITY
The Center on Law and Security at New York University School of Law will hold a conference entitled "Intelligence and the Age of National Security." The full-day event will begin at 9:15 a.m. in Greenberg Lounge, Vanderbilt Hall, 40 Washington Square South, New York City. More information.

FEBRUARY 1: CONFERENCE ON NATIONAL SECURITY COURTS
The American University Washington College of Law Program on Law and Government and The Brookings Institution will host a conference entitled "Terrorists and Detainees: Do We Need a New National Security Court?" Elisa Massimino, Director of the Washington Office at Human Rights First, will participate in a panel discussing a national security court for detention decisions. The full-day event will begin at 9:30 a.m. at the American University Washington College of Law, 4801 Massachusetts Avenue, NW, Room 603, Washington, DC. More information.

FEBRUARY 7: ROUNDTABLE ON TRYING TERRORISM CASES
Fordham Law School will host a roundtable entitled "Trying Cases Related to Allegations of Terrorism: Judges' Roundtable." The event will begin at 6:00 p.m. at Fordham Law School, McNally Amphitheatre, 140 West 62nd Street, New York City. More information.

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© 2006 Human Rights First