In January 2011, Congress enacted legislation prohibiting the use offederal funds to transfer to the United States any individuals currentlydetained at Guantánamo Bay, Cuba. Among the purposes of thisprovision, observers commented, was to prevent the prosecution of thesedetainees in federal court in the United States.
Category: Vol. 5 No. 1
The War on Terror 10 Years On | A decade after the Sept. 11, 2001 attacks, JNSLP takes a look at key elements of the ensuing War on Terror, including intelligence collection, law enforcement and counterterrorism, counterintelligence, the legacy of US vs. Klein, SHIELD, civil liberties, leaks, and the role of the judiciary.
The Publication of National Security Information in the Digital Age
In one of her speeches on Internet freedom, Secretary of State Hillary Rodham Clinton said that “[t]he fact that WikiLeaks used the internet is not the reason we criticized its actions.” Although Clinton is correct that it is essential to separate the technology WikiLeaks uses from its actions, the digital age has raised new concerns about the unauthorized dissemination of sensitive national security information.
United States v. Klein: Judging Its Clarity and Application
Professor Wasserman offers several evaluations of the Supreme Court’s 1872 decision in Klein. In places he states that it was issued in a “pathological period,” is confusing to read, and therefore difficult to apply. Yet elsewhere in his article he finds the decision to be understandable and recognizes that it offers several clear separation of powers principles. Between those two competing and conflicting positions, the latter analysis is on firmer ground.