detainee transfers; forthcoming scholarship/upcoming event

1. More GTMO transfers (one to Bulgaria and one to Spain)

From DOD:

The Department of Defense announced today that two detainees were transferred yesterday from the detention facility at Guantanamo Bay, one each, to the custody and control of the governments of Bulgaria and Spain.

As directed by the President’s January 22, 2009, executive order, the interagency Guantanamo Review Task Force conducted a comprehensive review of these cases. As a result of that review, which examined a number of factors, including security issues, the detainees were approved for transfer by unanimous consent among all the agencies involved in the task force. In accordance with Congressionally-mandated reporting requirements, the administration informed Congress of its intent to transfer the detainees at least 15 days before their transfer.

The identities of the individuals are being withheld for security and privacy reasons at the request of the governments of Bulgaria and Spain. The United States is very grateful to the governments of Bulgaria and Spain for their willingness to support U.S. efforts to close the Guantanamo Bay detention facility. The United States coordinated with the governments of Bulgaria and Spain to ensure the transfers took place under appropriate security measures, and consultations regarding these individuals will continue.

Since 2002, more than 590 detainees have departed Guantanamo Bay for other destinations, including Albania, Algeria, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Bermuda, Chad, Denmark, Egypt, Georgia, France, Hungary, Iran, Iraq, Ireland, Italy, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Palau, Portugal, Russia, Saudi Arabia, Slovakia, Somalia, Spain, Sweden, Switzerland, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.

Today, 181 detainees remain at Guantanamo Bay.

2. Forthcoming Scholarship/Upcoming Event – “Legal Issues in the Struggle Against Terror” (book release event – National Press Club)

Legal Issues in the Struggle Against Terror

(John Norton Moore & Robert F. Turner, eds.)

Carolina Academic Press

Jacketed Hardback · Available May 2010

592 pp · ISBN 978-1-59460-830-8 · $70.00

Call (800) 489-7486 or visit us online at www.caplaw.com to place an order.

Save 10% anytime when you order online!

UVA’s Center for National Security Law announces publication of a collected volume addressing a range of legal issues relating to terrorism (disclosure: I wrote one of the chapters), and a corresponding book release event including an address by former DCI James Woolsey.

More details here: http://www.virginia.edu/cnsl/pdf/struggle-terror-launch-schedule.pdf, and also below:

About the event:

Thursday, May 6, 2010

8:00 AM – 3:00 PM

National Press Club

529 14th Street, NW

Washington, D.C.

First Amendment Lounge Room

The UVA Center for National Security Law will host summary presentations of key chapters from its landmark new book, Legal Issues in the Struggle Against Terror, which features contributions by leading scholars and practitioners from across the nation. Topics will include the threat of nuclear terrorism, detention and treatment of captured enemy personnel (including the issue of trials by military commissions or civilian courts), extraordinary renditions and extraditions, the outsourcing of traditional military functions to private contractors, cyberterrorism, and dealing with “hate propaganda” without violating the First Amendment. Another cutting edge issue to be addressed is the use of civil litigation against foreign terrorists by their American victims.

Former Director of Central Intelligence R. James Woolsey will deliver luncheon remarks at noon. Lunch is free for accredited journalists, but meal reservations must be made by May 4th by calling Donna Ganoe (434

924-4746) or by email to ddg@virginia.edu.

Sponsored by:Center for National Security Law & University of Virginia School of Law

Location: First Amendment Lounge

About the book:

Legal Issues in the Struggle Against Terror

John Norton Moore & Robert F. Turner, eds.

More than two decades before the 9/11 attacks, the University of Virginia School of Law established the nation’s first think tank devoted to the study of legal issues affecting U.S. national security. The Center for National Security Law has assembled some of America’s most thoughtful and respected legal experts to address various aspects of the ongoing struggle against terror. From military commissions and the treatment of detainees to the outsourcing of military functions to civilian contractors and the use of civil litigation against terrorists, this remarkable new volume is designed to provide legal scholars, policy makers, and the general public with a serious look at critical legal issues in this unusual armed conflict.Also addressed within the nineteen chapters are the threats of nuclear and biological terrorism and of cyberterrorism, protecting privacy while sharing information with allies and within our own government, and the use of the state secrets privilege to terminatelitigation. The volume also includes important chapters on immigration, extradition, rendition, and dealing with “hate propaganda” without violating the First Amendment. This landmark volume is recommended both for classroom use and for general reading by anyone interested in understanding the most important legal controversies in the struggle against terror.

Foreword R. JamesWoolsey

Preface John Norton Moore & Robert F. Turner

Chapter 1 The Legal Regime for Detainees

David E. Graham

Chapter 2 Military Commissions as the Forum to Prosecute Acts of Terrorism and Other Violations of the Law ofWar

Major General John Altenburg

Chapter 3 Habeas Corpus and the Detention of Enemy Combatants in the GlobalWar on Terror

Honorable James Terry

Chapter 4 U.S. Constitutional Issues in the Struggle Against Terror

Robert F. Turner

Chapter 5 National Security, Litigation, and the State Secrets Privilege

Robert M. Chesney

Chapter 6 Civil Liberties in the Struggle Against Terror

Elizabeth Rindskopf Parker

Chapter 7 Hate Propaganda and National Security

Robert M. O’Neil

Chapter 8 Civil Litigation Against Terrorism: Neglected Promise

John Norton Moore

Chapter 9 U.S. Intelligence and theWar on Terror

Frederick P. Hitz

Chapter 10 A New Recipe for Renditions and Extraditions

A. John Radsan

Chapter 11 Homeland Security, Information Policy, and the Transatlantic Alliance

Stewart A. Baker & Nathan Alexander Sales

Chapter 12 The Relations between Military and Civilian Authorities within the United States

Kurt Johnson, Kevin Cieply, & Jeanne Meyer

Chapter 13 Jus ad Bellum in the Struggle Against Terror

Walter Gary Sharp, Sr.

Chapter 14 Jus in Bello in the Struggle Against Terror

W. Hays Parks

Chapter 15 Legal Issues of Outsourcing Military Functions inWartime

M.E. “Spike” Bowman

Chapter 16 The Role of Immigration Policy in the Struggle Against Terror

Lieutenant Colonel Margaret D. Stock

Chapter 17 Dealing with the Nuclear Threat in the Struggle Against Terror

Robert L. Pfaltzgraff, Jr.

Chapter 18 Bioviolence: Facing the Prevention Challenge

Barry Kellman

Chapter 19 Cyberterrorism: Legal and Policy Issues

Jeffrey F. Addicott

Index

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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