The Terror Presidency Law and Judgment Inside the Bush Administration

Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 039333533X
Format: PDF, ePub, Mobi
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A conservative head of the Office of Legal Counsel evaluates the ways in which the challenges of George W. Bush's administration tested the boundary between law and defense, in a report that charges the president with damaging his own office and compromising the ability of his successors to respond forcefully in times of crisis. Reprint.

Shaping Foreign Policy in Times of Crisis

Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1139485059
Format: PDF, ePub
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Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.

The Power and Purpose of International Law

Author: Mary Ellen O'Connell
Publisher: Oxford University Press
ISBN: 9780199831029
Format: PDF, Kindle
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The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Law in Politics Politics in Law

Author: David Feldman
Publisher: Bloomsbury Publishing
ISBN: 1782252827
Format: PDF, ePub, Docs
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A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

War Time

Author: Mary L. Dudziak
Publisher: Oxford University Press
ISBN: 0199913471
Format: PDF, ePub
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On the surface, "wartime" is a period of time in which a society is at war. But we now live in what President Obama has called "an age without surrender ceremonies," where it is no longer easy to distinguish between times of war and times of peace. In this inventive meditation on war, time, and the law, Mary Dudziak argues that wartime is not as discrete a time period as we like to think. Instead, America has been engaged in some form of ongoing overseas armed conflict for over a century. Meanwhile policy makers and the American public continue to view wars as exceptional events that eventually give way to normal peace times. This has two consequences: first, because war is thought to be exceptional, "wartime" remains a shorthand argument justifying extreme actions like torture and detention without trial; and second, ongoing warfare is enabled by the inattention of the American people. More disconnected than ever from the wars their nation is fighting, public disengagement leaves us without political restraints on the exercise of American war powers.

Unchecked And Unbalanced

Author: Schwarz O.
Publisher: The New Press
ISBN: 1595587454
Format: PDF, ePub, Docs
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Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

Torture Team

Author: Philippe Sands
Publisher: Penguin UK
ISBN: 014191937X
Format: PDF, ePub
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After 9/11. George W. Bush's administration declared that they were going to have to work through 'the dark side'. And they did: they turned their backs on international law and on America's history of respecting human rights. They wanted only legal advice that made it okay to torture, and they made sure they got it. Voices of dissent were sidelined, while low level officials brainstormed interrogation techniques and took their lead from Jack Bauer in 24. In Torture Team, Philippe Sands tracks down and interviews those responsible, and makes a compelling case that, in an ugly blotch on Americda's recent past, war crimes were committed for which no one has yet been held to account.

Taking Liberties

Author: Susan N. Herman
Publisher: Oxford University Press
ISBN: 0199911983
Format: PDF, Kindle
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In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. Over a decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.

Essentials of Strategic Intelligence

Author: Loch K. Johnson
Publisher: ABC-CLIO
ISBN: 1440832285
Format: PDF, ePub
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A highly valuable resource for students of intelligence studies, strategy and security, and foreign policy, this volume provides readers with an accessible and comprehensive exploration of U.S. espionage activities that addresses both the practical and ethical implications that attend the art and science of spying. • Provides a comprehensive, up-to-date examination of all aspects of intelligence by experts in the field, from collection-and-analysis and counterintelligence to covert action and accountability • Probes into how the United States' intelligence agencies attempt to protect the nation from cyberattacks by foreign nations and terrorist groups—and documents the successes and failures • Documents the involvement of the National Security Agency (NSA) in bulk "metadata" collection of information on the telephone records and social media communications of American citizens • Examines the effects that have resulted from major leaks in the U.S. government, from Wikileaks to the NSA Snowden leaks