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Lessons have been learned since the Calley case, Silliman says, not the least of which is the danger of political intrusion and command influence. While members of Congress may enter the hot debate, President Barack Obama as Commander in Chief must be wary not to exert "unlawful command influence" in his pronouncements on the case, Silliman says, just as President George W. Bush and Administration officials in the chain of command were cautious in the Abu Ghraib cases. So far, Obama has not stepped over the line, Silliman says, by specifically naming Hasan. This is as close as the President...
There are hard legal cases, and there are high-profile legal cases, but the prosecution of Khalid Sheikh Mohammed may turn out to be one of the hardest high-profile cases ever. Attorney General Eric Holder announced Friday that Mohammed, the confessed architect of the Sept. 11 attacks who was waterboarded 183 times in U.S. custody in March 2003, will be put on trial in the Southern District of New York along with four other Sept. 11 plotters. Between the imperative of bringing an alleged mass murderer to justice and the challenge of overcoming evidence tainted by torture, the case...
...dispute over whether to try Mohammed in criminal court may not be resolved until a verdict is reached, but the debate is already raging. Says Dratel: "It's a victory for our system of justice and for the rule of law." Others disagree but think Bharara will succeed. "It's a dubious decision to send the case to federal court to be criminally prosecuted," says former top Bush White House lawyer William Burck, who worked with Bharara in the Southern District. "But if there's anyone who can pull it off, it's Preet Bharara...
...department's action against the Alavi Foundation in U.S. District Court in Manhattan expands a forfeiture proceeding which began last December against the Assa Corp., a part-owner of a 36-story high-rise on Fifth Avenue. But in what may be a first, the government also seeks to seize additional properties in New York, Maryland, Texas, Virginia and California, some of which house mosques, Islamic centers and schools. (See pictures of America's Islamic community...
...action is the latest in a geopolitical tug-of-war between President Obama and Iranian President Mahmoud Ahmadinejad. How the Administration's newest signal is received may depend on the listener. The actions could hearten some Iranian dissidents, who urged President Obama to take sides during surprise counter-demonstrations to their governments celebration of the 30th anniversary of the U.S. Embassy seizure. It could also be welcomed by some Sunni Muslim nations at odds with the Shi'ite regime in Iran...