Digital Resources
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Reports
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Boumediene v. Bush.
June 2008.
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The final ruling of this petition for writ of certiorari was decided on June 12, 2008 as "the Supreme Court held in a 5-4 opinion that aliens designated as enemy combatants and detained at the U.S. Naval Station in Guantanamo Bay, Cuba, has the constitutional privilege of habeas corpus. The Court also found that § 7 of the Military Commissions Act (MCA), which limited judicial review of executive determinations of the petitioners' enemy combatant status, did not provide an adequate habeas substitute and therefore acted as an unconstitutional suspension of the writ of habeas. The immediate impact of the Boumediene decision is that detainees at Guantanamo may petition a federal district
court for habeas review of the circumstances of their detention." Source: Supreme Court of the United States (All by Source | Source Website). Report Number: No. 06-1195 and No. 06-1196.
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Domestic Cases
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Legal Material
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Homeland Security in the Next Administration.
May 2008.
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This lecture delivered by James Jay Carafano, Ph.D. on April 9, 2008 to the House Committee on Homeland Security, Subcommittee on Management, Investigations, and Oversight discusses possible actions and solutions to address the subject of the hearing, "Moving Beyond the First Five Years: Solving the Department of Homeland Security's Management Challenges." Dr. Carafano raises three immediate priorities for Congress to address, and two long-term projects for the next administration to make priority. "The three immediate priorities are (1) Consolidating congressional oversight of the Department of Homeland Security (DHS); (2) Passing homeland security authorization legislation to better structure the department's oversight role; and (3) Restraining further major organizational changes within the department. Two long-term projects for Congress and the next administration to undertake must include (1) Establishing the national homeland security enterprise; and (2) Improving federal interagency operations." Source: Heritage Foundation (All by Source | Source Website). Report Number: Lecture #1085.
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Homeland Security
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Proceedings - Congressional Hearings, Conferences, Seminars, Workshops, etc.
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Audit of the U.S. Department of Justice Terrorist Watchlist Nomination Processes.
March 2008.
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"The U.S. government maintains a consolidated terrorist watchlist as a key component of its counterterrorism efforts. This list, maintained by the Federal Bureau of Investigation's (FBI) Terrorist Screening Center (TSC), was created by merging previously separate watchlists maintained by different agencies throughout the federal government. The consolidated terrorist watchlist is updated daily with new or revised information on known or suspected terrorists. This information is obtained by a variety of government agencies, including law enforcement agencies in the Department of Justice (DOJ)." This is an audit of that process conducted by the Office of the Inspector General (OIG). Source: Office of the Inspector General, U.S. Department of Justice (All by Source | Source Website). Report Number: 08 - 16.
See Also -
Information Sharing and Analysis
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Intelligence and Intelligence Sharing
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Interrogation of Detainees: Overview of the McCain Amendment.
December 2007.
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This report discusses what has been termed the McCain Amendment "regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions." It also discusses Detainee Treatment Act provisions that "(1) require Department of Defense
(DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the 'cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.'" Finally, the report discusses "the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of
the Supreme Court's ruling in Hamdan v. Rumsfeld. In addition, the report discusses the Military Commissions Act of 2006 (MCA) (P.L. 109-366), which contains provisions that reference or amend the McCain Amendment, along with the Executive Order signed by President Bush that references MCA and McCain Amendment standards when describing guidelines for the treatment of detainees by the Central Intelligence Agency (CIA)." Source: Congressional Research Service (CRS), United States (All by Source). Report Number: RL33655.
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Miscellaneous Resources
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Secondary Legal Material
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Watching the Watchlist: Building an Effective Terrorist Screening System.
October 2007.
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This testimony by Glenn A. Fine discusses "the development and status of the terrorist watchlist screening system. For the past several years, the Department of Justice Office of the Inspector General (OIG) has examined the work of the Terrorist Screening Center (TSC), which is a multi-agency effort administered by the Federal Bureau of Investigation (FBI). Created in 2003, the TSC integrates U.S. government terrorist watchlists into a consolidated database and provides 24-hour, 7-day a week responses to federal, state, and local governments to assist in screening for individuals with possible ties to terrorism. Prior to the establishment of the TSC, the federal government's terrorist screening system was fragmented, relying on at least a dozen separate watchlists maintained by different federal agencies." Source: Office of the Inspector General, U.S. Department of Justice (All by Source | Source Website).
See Also -
Information Sharing and Analysis
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Intelligence and Intelligence Sharing
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Proceedings - Congressional Hearings, Conferences, Seminars, Workshops, etc.
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