Society Of American Law Teachers

A community of progressive law teachers working for justice, diversity, and academic excellence

Peace Post 9/11

On June 12, 2008, in a 5-4 decision, the United States Supreme Court issued its decision in Boumedienne, holding that detainees at Guantanamo Bay were entitled to the constitutional right of a writ of habeas corpus.  Read Ben Davis's analysis on the decision by clicking here.  Read Marjorie Cohn's analysis of the decision by clicking here. 

Seton Hall Center for Policy and Research has recently published a report in response to Justice Scalia's assertion in his dissenting opinion in Boumidiene  regarding the alleged return of 30 released detainees to "the battlefield."
Here is the press release and a link to the reports.

 

On May 6, 2008, the House Judiciary Committee, subcommittee on the Constitution, Civil Rights, and Civil Liberties, held hearings into the authorization and use of torture by the United States and operatives acting under its auspices. Marjorie Cohn, member of the SALT Peace Post 911 & Human Rights Committee, and President of the National Lawyers Guild, testified along with Philippe Sands, and David Luban. Click here for a copy of Marjorie's testimony.

Click here for a copy of the NLG's WHITE PAPER ON THE LAW OF TORTURE AND HOLDING ACCOUNTABLE THOSE WHO ARE COMPLICIT FOR APPROVING TORTURE OF PERSONS IN U.S. CUSTODY.

To watch the May 6, 2008 hearings on C-Span, click here.

Along with the National Lawyers Guild, SALT issued a statement opposing the Homegrown Terrorism Prevention Act after it was passed through the House of Representatives and sent onto the Senate Committee on Homeland Security and Governmental Affairs for consideration.

As drafted, this Bill would likely lead to the criminalization of beliefs, dissent and protect, and invite more draconian surveillance of Internet communications.

"Underlying the Prevention of Violent Radicalization and Homegrown Terrorism Prevention Act is an exaggerated fear of Muslims living in the United States. Once again politicians are making use of the public’s fear of violence in a way that will diminish individual freedom and civil rights," wrote Deborah Waire Post in an analysis of the Bill.

"Fear, especially irrational or exaggerated fear, impairs judgment and this bill is a fine illustration of that principle in operation. Unfortunately, it seems Americans have to relearn this lesson every generation. Our parents or grandparents witnessed the mischief that a Congressional Committee could do during a time of public hysteria about national security. Today’s version of that mistake is a proposed National Commission on the Prevention of Violent Radicalization and Ideologically Based Violence. If the Homegrown Terrorism Prevention Act is passed, the National Commission created by the Act will have the authority to hold hearings and hear testimony under oath about 'violent radicalization,' or anything else the National Commission considers threatening."

"The most disturbing aspect of the Homegrown Terrorism Prevention Act, however, is the fact that it creates the infrastructure for a whole new level of surveillance and erosion of civil liberties in the United States. It offers a scientific justification for surveillance: the 'study' of radicalization by the National Commission and a Center of Excellence situated within the academy. The government has always been able to recruit members of the academy to theorize about everything from psych-ops to cultural sensitivity in the occupation of other countries. Now, however, there will be an efficient way to turn American citizens into research subjects and oppositional ideas into psychosis. Of course this study must produce results, recommendations for additional legislation to defeat the threat of radicalization."

Click here for a copy of the joint statement released on November 27, 2007.

Read Ben Davis' February 7, 2008 op ed on University of Pittsburgh School of Law's on-line Jurist, Resist Torture of Acquiesce: A Question for Americans.

 

With Bush's veto of legislation to limit the use of torture and harsh interrogation techniques, here is a link to the Washington Monthly issue dedicated to ending these practices.

For access to the statements issued by SALT's Peace Post 911 Committee, click here.