Drinking from a Poisoned Chalice

2020 ◽  
pp. 519-534
Author(s):  
John G. Baker ◽  
Mary E. Spears ◽  
Katherine S. Newell

The following is an adaptation of the keynote speech given by John G. Baker at the 2018 NATSECDEF Conference, “Preserving Justice in National Security,” hosted by the George Washington University Law School on September 20, 2018. Brigadier General Baker examined whether the United States military commissions, special military tribunals established by President George W. Bush in the aftermath of 9/11 solely to try noncitizen terrorism suspects, were capable of achieving justice. Answering with an empathetic “no,” Brigadier General Baker described an increasingly troubling series of actions taken against defendants who had been secretly held and tortured by the same government that was then seeking their criminal convictions and executions. It is clear from this speech that by the time this piece is published, more, and possibly more troubling events, will have occurred, as the United States continues to pay the price of torture.

2016 ◽  
Vol 20 (3-4) ◽  
pp. 250-274
Author(s):  
Lieutenant Commander Ursula Smith ◽  
Colonel Daniel J. Lecce

This paper will discuss classified litigation procedures in United States Military Courts-Martial, governed by Military Rule of Evidence 505 and the Uniform Code of Military Justice. The differences between United States Federal Court procedures and United States Military Commissions, governed by the Classified Information Privilege Act (cipa) and Military Commissions Rule of Evidence 505, are also discussed. Finally, best practices and selected military cases regarding espionage are presented.


2005 ◽  
Vol 39 (3) ◽  
pp. 371-382
Author(s):  
MICK GIDLEY

Marcus Cunliffe (1922–1990) was incontestably an important figure in American studies. In the early part of his academic career he helped to found the subject area in Britain, and he was later both awarded professorial appointments at the Universities of Manchester and Sussex and elected to the chairmanship of the British Association for American Studies, from which positions he served as a personal inspiration and professional mentor to several “generations” of UK American studies academics. Those who knew him and worked with him were invariably struck by his tall good looks, charisma and charm – characteristics that no doubt also contributed to his successful career, in Britain and in the United States, first as a visiting scholar, and later, during his final years, as the occupant of an endowed chair at George Washington University in Washington, DC. As the correspondence in his papers attest, he was held in high – and warm – regard by many of the leading US historians of his heyday. More might be said about his charm here because it also permeates his writing and persists there as a kind of afterglow, and not only for those who encountered him in person – but this essay is a critical reconsideration of his published work that, though appreciative, at least aspires towards objectivity.


Author(s):  
Richard A. Rosen ◽  
Joseph Mosnier

This chapter describes Chambers's creation of a black-led and racially integrated law firm, for all intents the first such institution in the United States. In 1967, Chambers recruited two junior attorneys to his office: Adam Stein, a white George Washington University Law School graduate who had interned with Chambers in the summer of 1965, and James Ferguson, an African American from Asheville, North Carolina, who had just graduated from Columbia Law School. The three would form the nucleus of a powerful civil rights law practice for years to come. In 1968, after recruiting a young white Legal Aid attorney, James Lanning, Chambers formally created Chambers, Stein, Ferguson & Lanning. In 1969, African American attorney Robert Belton, a North Carolina native who was LDF's leading Title VII litigator, also joined the firm. So highly reputed was Chambers as a civil rights litigator, and so central was his firm to the wider LDF campaign in these years, that the firm was informally acknowledged as "LDF South."


2007 ◽  
Vol 10 ◽  
pp. 198-231
Author(s):  
Sarah Finnin

AbstractThis article provides a detailed update on the progress of the United States military commissions under the regime established by the Military Commissions Act of 2006 for the trial of detainees captured during the War on Terror for so-called war crimes. In particular, the author examines the plea and sentencing of Australian detainee David Hicks, the pre-trial developments in the case of Canadian detainee Omar Khadr, and the early litigation involving the detainees who have been dubbed the ‘September 11 co-conspirators’. The author also touches on the Supreme Court decision inHamdanv.Rumsfeld, some of the significant features of the Military Commission Act, the recent federal court litigation in the case ofBoumedienev.Bush, and the construction of the new military commission building at Guantanamo Bay Naval Base.


1980 ◽  
Vol 74 (1) ◽  
pp. 48-76 ◽  
Author(s):  
W. Michael Reisman

The United States military potential may be viewed in two interlocking dimensions. The first is nuclear deterrence: the maintenance of a posture designed to deter other states with nuclear military potential from nuclear adventures. The second is comprised of nuclear and more conventional capabilities, designed to communicate to the widest spectrum of adversaries a capacity and willingness to exercise coercion in different settings in order to protect vital national interests.


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