Author Archives: Michael Froomkin

Full Text of Red Cross Report at Cryptome

Cryptome (in the heroic rather than creepy mode) has the full text of Red Cross Report on Iraq POWs, or to give it its full title, “Report of the International Committee of the Red Cross (ICRC) on the Treatment by the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment and Interrogation.”

Posted in Iraq Atrocities | Comments Off on Full Text of Red Cross Report at Cryptome

The Berg Detention: Legal Issues

Nicholas Berg's family says that he was in US custody for all or part of the period before his release, a release followed almost immediately by his capture by Al Qaeda or someone equally vicious. The US government's denial of this claim is one of the weirdest I've ever heard. The US admits:

  • “the FBI asked the police to keep Berg in custody while its agents reviewed the case”
  • FBI agents met with him repeatedly while he was in custody
  • Berg was freed the day after his parents filed suit claiming he was being held by the US

All together, this hardly paints a picture of US authorities with their hands off. Nevertheless, the US maintains that the Iraqi police were the ones responsible for Berg's detention. But here's the missing element: why is that relevant?

The United States plans to 'return' sovereignty to Iraq on June 30 (although whether this legal action will include any real power is obviously a hotly debated topic in DC right now). It follows that Iraq is not currently sovereign; that sovereignty is being exercised by the occupiers, who might be described as “a coalition of forces” or as “the United States”.

Currently the Iraqi police are an agent of the sovereign power in Iraq. And that's the US (or the 'Coalition' of which the US is the driving force). So either way the US is ultimately responsible, isn't it?

Posted in Law: International Law | 1 Comment

The Disconnect

On my flight home from Boston yesterday, I sat next to a pleasant young couple. He's the entrepreneurial son of a family that runs a restaurant and has other businesses. She's going to business school part time and running his family's ice cream shop. They were going to Miami for a week's vacation.

As I dozed off — I've gotten very good at sleeping on planes — I heard the pleasant young lady explaining to her partner that she couldn't vote for Kerry because he would surrender to the terrorists. Later in the flight, the nice young man explained to me that he thought people were making too much of the pictures of prisoner abuse, since the people over there are basically animals.

It shakes your faith in the basic decency of people, it does.

Here, meanwhile, is an account of the great GW Bush's efforts to help us be safe and secure in the War on Terror™ — so great that everyone put in charge quits in disgust within a few months. One writes a book, another goes to work for the Kerry campaign:

The New Republic Online: Campaign Journal: A couple of Friday afternoons ago, the White House quietly announced that an NSC staffer named Frances Fragos Townsend was leaving her post as the Deputy Assistant to the President and Deputy National Security Advisor for Combating Terrorism, the job also known as the White House counterterrorism czar. She is leaving to replace General John A. Gordon as Assistant to the President and Homeland Security Advisor, the White House job that Tom Ridge had before the creation of the Department of Homeland Security.

Why would this staff change qualify for a late Friday dump? Two reasons. One is that Gordon, a retired Air Force general and 36-year public servant, was apparently none too pleased with the Bush approach to homeland security. He hasn't spoken publicly, but that's what the national security grapevine in Washington is buzzing about.

Secondly, Townsend's move was a reminder that the White House counterterrorism job is the bureaucratic equivalent of the drummer in Spinal Tap. Bush has now gone through five of them since 9/11. (Clinton had one.) Like Spinal Tap's drummers, who often choked on their own vomit or spontaneously combusted, Bush's counterterrorism aides all seem to disappear under unusual circumstances.

First there was Richard Clarke. We all know what happened to him. He left his post in disgust and wrote a book arguing that Bush paid no attention to terrorism before 9/11 and that the war in Iraq was a monumental diversion from the fight against al Qaeda and a gift to jihadist recruiters across the Muslim world. Clarke was replaced by General Wayne Downing, a pro-Iraq war hawk. Nonetheless, he had a similar experience, lasting a total of 10 months before abruptly resigning in frustration at how the White House bureaucracy was responding to the terrorist threat. Downing was replaced by two men, General Gordon, who lasted ten months before moving on to his homeland security job, and Rand Beers, who resigned in disgust over the Iraq war after seven months in his post. His experience was searing enough that he immediately joined the Kerry campaign. Beers was replaced by Townsend, who has now been tapped to replace Gordon, who is apparently resigning under circumstances similar to Clarke and Beers.

(spotted via Dan, who also points to this)

Posted in National Security | 7 Comments

Florida Vouchers: ‘A Disaster Waiting to Happen’

FlaBlog brings me this happy reminder about “Jeb Bush's and the Dept. of Education's refusal to enforce minimal standards for receiving state school voucher money. A draft proposal calls for voluntary rules and if you don't comply, no biggie, you still get state money.”

The voucher program has already had a series of scandals where people started “schools” that only existed on paper, so this is especially evil.

Posted in Florida | 1 Comment

Memo Reveals Flaws in South Flordia’s New Voting Machines

Oh boy are we in trouble.

Count Crisis? Elections official warns of glitches that may scramble vote auditing. See also Ed Felton's summary of the key points. I'm pleased to report that UM Law's own Marnie Mahoney is deeply involved in the effort to try to solve the problem with the iVotronic machines. But from the sound of the news stories, local officials are working hard to pretend there's no problem.

Posted in Politics: US: 2004 Election | Comments Off on Memo Reveals Flaws in South Flordia’s New Voting Machines

Idea Shop: Law & Econ With Pizzaz

A proof by example that economics need not always be the dismal science: The Idea Shop.

Posted in Blogs | Comments Off on Idea Shop: Law & Econ With Pizzaz