Author Archives: Michael Froomkin

White House Isn’t Handing Over Iraq Intel Documents

It seems that the Senator Paul Roberts now says he spoke too soon about the White House's willingness to cough up the Iraq Intel documents the Senate committee has requested.

Meanwhile relations between Republicans and Democrats on the Senate Intel Committee, traditionally a haven of bi-partisanship, appear to be breaking down badly. Senator Rockefeller, committee Vice-Chair, pretty much accused Republicans of going through his trash or breaking into his computer. And, for the first time that I'm aware of, the Vice-Chair gently threatened to use his subpoena power if necessary. Clearly neither side wants a fight now. But f the administration doesn't give in eventually, they may get fireworks much closer to the election.

The chairman of the Senate Intelligence Committee said Tuesday he spoke too hastily when he said the White House would provide his panel with the documents and interviews it is seeking for its inquiry on prewar intelligence on Iraq.

Roberts and Rockefeller have been at odds about the scope of the inquiry. Under Roberts' direction, the committee is examining whether intelligence about Iraq's weapons programs and ties to terrorists was properly collected and analyzed. Rockefeller and other Democrats also want to examine whether intelligence was manipulated by the administration to make the case for war.

Roberts said Tuesday a leaked strategy memo from Rockefeller's staff “exposes politics in its most raw form.”

The memo discusses strategy for “revealing the misleading, if not flagrantly dishonest, methods and motives of senior administration officials who made the case for unilateral pre-emptive war.” It discussed how Democrats could press for an independent investigation that has already been rejected by the Republican-led Congress or launch their own investigation.

In a statement, Roberts said that the memo “appears to be a road map for how the Democrats intend to politicize what should be a bipartisan, objective review of prewar intelligence.” The memo was disclosed by syndicated radio show host Sean Hannity.

In his own statement, Rockefeller the draft was not approved or shared with any member of the committee. He said it “was likely taken from a waste basket or through unauthorized computer access.”

He said, however, it “clearly reflects staff frustration with the conduct of the Senate Intelligence Committee investigation and the difficulties of obtaining information from the administration.”

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Posted in Politics: US | 3 Comments

UK Government to Archive Websites

The British government announces that it is going to create to encourage its depostiary libraries to create a massive web archive.

Websites get legal place in national archive:
Millions of website pages, online magazines and CDs will be saved for the nation under a private member's bill which became law last week.

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Former Guantanamo Inmate sues US In Pakistan

BBC NEWS | South Asia | Former Guantanamo inmate sues US

A man who was imprisoned by the US military at Guantanamo Bay, Cuba, is suing the Pakistani and US governments for damages worth over $10m.

Pakistani cleric Mohammed Sagheer was seized by US troops fighting in Afghanistan in 2001.

He spent roughly a year with other suspected al-Qaeda and Taleban operatives in the US military prison.

His lawyers say he is suing for the mental and physical torture he endured at Camp X-Ray in Guantanamo Bay.

'Treated like an animal'

Mr Sagheer filed his suit in an Islamabad court on Tuesday.

Lawyers acting for him said the case could be heard in a Pakistani court because Pakistan's interior ministry is one of the defendants.

In the first case of its kind, Mr Sagheer described his arrest by American authorities as illegal and his treatment at the prison camp in Guantanamo Bay as extremely inhuman.

He says he was kept for more than a year in a prison cell that was like a cage meant for animals.

During this period he says he was treated in the worst possible manner and was repeatedly interrogated about his links to al-Qaeda and Osama bin Laden.

Despite insisting that he no ties to the Islamic militant group, Mr Sagheer says he was punished by the authorities for what they saw as his lack of co-operation.

After being released by the Americans, Mr Sagheer says he was sent back to Pakistan, where he spent a few more days in detention.

The court has decided to hold a preliminary hearing for the case in the third week of December.

I suspect that the US will plead sovereign immunity and act of state, if it even shows up to defend. As the act of state doctrine has roots in the comity among nations, I imagine that Pakistan would ordinarily respect this claim…

On the other hand, if the Pakistanti court were to decide that the 'torture' alleged violated fundamental norms of international law, it might not dismiss the claim out of hand, as it is sometimes suggested that act of state ought not to protect against fundamental violations of international law.

Two earlier BBC stories on this are here and here.

Posted in Guantanamo | 1 Comment

M.K.B. v. Warden, 03-6747 (Secret habeas) Latest

AP reports ,

The Supreme Court on Tuesday asked the Bush administration to explain the secrecy surrounding the detention of one of the immigrants arrested after the Sept. 11 attacks.

The administration has refused to release the names and other details of hundreds of foreigners rounded up after the attacks, arguing that a blanket secrecy policy is needed to protect national security.

One of those immigrants, known only as M.K.B., challenged his detention. But even that has been shrouded in secrecy.

His appeal has reached the Supreme Court, only there is little written evidence that his case exists. Lower courts sealed all the legal filings, as well as the records of how his case was handled. The proceedings were held in secret.

That is unconstitutional, federal public defender Paul Rashkind of Miami argued in the case from Florida.

The Supreme Court should intervene, Rashkind wrote in an appeal, “to preserve and protect the public's common-law and First Amendment rights to know, but also to reinforce those rights in a time of increased national suspicion about the free flow of information and debate.”

The administration told justices last month that it did not plan to file a response to the appeal. In a brief notice released Tuesday, the court said it has told the administration to give its side anyway. There is no specific deadline for the reply.

Hasn't shown up on the docket yet.

Posted in Civil Liberties | Comments Off on M.K.B. v. Warden, 03-6747 (Secret habeas) Latest

The Tyranny of the Majority (Party)

Just a quick break from a busy day to note TOMPAINE.com – Criminal Punishment: Rep. David Obey (D-Wisc.) writes, ostensibly to the Chairman of the Subcommittee on Labor-Health and Human Services-Education, of the House Committee on Appropriations (found via Mediajunkie), about a Republian plan to discriminate against the inhabitants of districts represented by Democrats who vote against Republican legislation.

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Posted in Politics: US | 2 Comments

Novell to Buy SUSE Linux

NOVELL: Novell Announces Agreement to Acquire Leading Enterprise Linux Technology Company SUSE LINUX. (Via Slashdot.)

Ok, this is going to get interesting. Now Novell , which recently acquired one of the best MS Exchange-compatible desktops for linux (Ximian), adds one of the top business-oriented Linux distributions. SUSE is dominant in the European business market, sort of like Redhat is here (although I'm attracted to Mandrake for home use. as it supposedly has the most and easiest drivers). Roll it with Novell's network software and you have the makings of a super business package I might even be able to sell to the nobody-ever-got-fired-for-buying-Microsoft crowd here.

If only Novell had kept WordPerfect and could release an updated Linux version.

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