Sen. Edward Kennedy succumbed to brain cancer. Kennedy had been a senator for 46 years. His death leaves the Democrats with 59 senators instead of the filibuster-proof 60 (though they have been effectively operating with 58 senators recently, Kennedy being absent while undergoing cancer treatment and Robert Byrd staying at home in West Virginia). Kennedy had urged Massachusetts to change the state’s procedure for choosing a replacement senator; currently, the law requires a special election 145 to 160 days after the vacancy arises. Doug Bandow says that the Democrats have no one to blame but themselves for that mess.
Attorney General Eric Holder appointed John Durham as a special prosecutor with the mandate to investigate detainee abuse allegedly committed by the CIA. The New York Times has a look at the bureaucratic struggles that this probe is aggravating. Notable amongst those are the frustration of CIA efforts to end DoJ inquiries and the general sense of irritation at White House Cousel Gregory Craig for his troubles with message management. Quin Hillyer makes no secret of his support for CIA in this struggle and worries that CIA director Leon Panetta is already on his way out of the administration. Rep. Peter King says that Holder has “declared war” on the CIA. Contrast that with Glenn Greenwald, who says that Holder’s investigation is designed to find a few bad apples while leaving the policymakers safe. David Cole agrees that the investigation should push further.
The Obama administration directed the Office of Legal Counsel to release a wide range of memoranda on various aspects of the War on Terror. They have helpfully been made available on the DoJ website. John Elwood has helpfully reviewed and categorized them at the Volokh Conspiracy. Scott Horton has helpfully read one of the memos; you can learn how an “extraordinary rendition” is done, step-by-step, by reading his summary.
The Washington Post reported that waterboarding and other techniques were effective in getting alleged 9/11 mastermind Khalid Sheikh Mohammed to talk. Thomas Joscelyn predicts that this is just the first of several documents and reports that will justify “enhanced interrogation techniques.”




Weekly Web Watch (8/2-8/9)
August 9, 2009Propublica has a nifty tool that tracks how much stimulus funding is going into your county and a useful chart that documents critical information about the 31 Guantanamo detainees whose habeas corpus petitions have been ruled on by federal judges.
The Senate confirmed Sonia Sotomayor to replace outgoing Justice David Souter on the Supreme Court on a 68-31 vote. The New York Times’ Adam Liptak previews the complex cases she will grapple with in the Court’s next term. An analysis by the American Constitution Society suggests that President Barack Obama has the opportunity to fundamentally reshape the composition of appeals courts and district courts nationwide. In other confirmation commentary, the Washington Post editorial board decries the Senate’s delays on confirmation votes for prominent administration nominees such as Dawn Johnson, Obama’s pick to head the Office of Legal Counsel.
The Los Angeles Times reports that Attorney General Eric Holder is on the cusp of appointing a criminal prosecutor to investigate abuses allegedly committed by the CIA during interrogation of terrorism suspects. The Atlantic Monthly’s Andrew Sullivan says the devil may be in the details, arguing that if the investigations are only for those acts that exceeded authorized protocol under the Bush Administration, the investigations may legitimize the Bush Administration’s rules permitting torture.
The Obama Administration petitioned the Supreme Court to rule on an appeal of a federal court ruling that demanded that the Administration release photos showing the abuse of detainees in U.S. custody overseas. The litigation stems from a Freedom of Information Act request by the ACLU, which stresses on its blog that it is “critical that the American people know the full truth about the abuse that occurred in their name.”
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