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Specialized Courts For Terrorism Trials, Sudha Setty
Specialized Courts For Terrorism Trials, Sudha Setty
Sudha Setty
On the campaign trail in 2008, presidential candidate and then-Senator Barack Obama promised to restore America’s place in the world by breaking with many of the national security policies put into effect by President George W. Bush. In January 2009, President Obama made numerous changes to United States foreign policy, including signing an executive order to close the prison at Guantanamo Bay, Cuba and announcing that the United States would not engage in interrogation techniques that constitute torture. In some aspects of national security law and policy, however, Obama has followed the example of President Bush—for example, in his announcement …
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Sudha Setty
The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India—an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative …
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Sudha Setty
The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India—an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative …
No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty
No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty
Sudha Setty
The rule of law in a democratic nation demands that the laws governing people are not secret. Yet parts of the executive branch’s legal policy that govern aspects of the current war on terror are laid out in non-public opinions issued the Department of Justice’s Office of Legal Counsel. Many of those opinions, which are almost always binding on the executive branch and are used to provide legal comfort to government officials in the form of protection against future investigation or prosecution, are still secret or were kept secret for years before being leaked or disseminated to Congress and the …