TRAC study of terrorism prosecution data; Abdullah v. Bush (GTMO discovery order)

1. Transactional Records Access Clearinghouse, “Who Is A Terrorist? Government Failure to Define Terrorism Undermines Enforcement, Puts Civil Liberties at Risk”

TRAC’s latest report based on government data provided under FOIA is posted here (and useful commentary from Greg McNeal (VAP, Penn State) is here).  My own sense of this one, briefly stated, is that TRAC has again drawn useful attention to the data-collection problems associated with case-coding practices for federal prosecutors and to the larger dilemma of identifying which cases ought to count as “terrorism-related,” but also that TRAC has again overstated the conclusions to be drawn from these problems.  In any event, it is worth reading the document, which prints out to about 10 pages.

2. Abdullah v. Bush (D.D.C. Sep. 28, 2009) (GTMO habeas discovery order)

Judge Roberts has granted a discovery request by a GTMO detainee who sought all recordings, original notes, and other memoranda of interrogation sessions that produced statements upon which the government now seeks to rely, rejecting the government’s argument that it was sufficient to produce copies of the statements in question as part of the factual return (and also rejecting the argument that the searches involved in obtaining these other iterations of the statement would be unduly burdensome).

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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