Petty Officer 1st class Shane T. McCoy, U.S. Navy / Ben Balter (background)

No post-9/11 official government program was hotly debated, or as ultimately reviled, as the CIA’s use of “enhanced interrogation techniques.” The CIA's program engendered a robust moral, empirical and legal debate. Today, it still raises questions about congressional oversight, accountability, international law, and human rights at moments of supreme emergency. The military also struggled with coercive interrogation during the early years of overseas counterterrorism operations. And as it seeks to bring former CIA detainees to trial for war crimes, it continues to deal with the lasting consequences of the CIA's program. 

Latest in Interrogation

Guantanamo Litigation: District Court

Judge Lamberth Orders SSCI Report Turned Over to the Court

The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:

Annals of the Trump Administration

Annals of the Trump Administration #5: Would Waterboarding Count as "Force," and Must It Be Disclosed?

Katherine Hawkins at the Constitution Project tweeted some good points in response to my earlier posts on Trump, interrogation, and waterboarding (here and here).  One concerns the possibility that the NDAA FY'15 in fact does prohibit a Field Manual amendment that would include waterboarding.

Annals of the Trump Administration

Annals of the Trump Administration #3: Refusing to Add Waterboarding to the Field Manual?

In a prior post I discussed the Trump administration's apparent interest in reviving waterboarding as an interrogation method, noted that a federal statute forbids resort to any interrogation method not listed in the relevant Army Field Manual, and explained that the Trump administration might try to overcome that barrier by pushing to have the manual amended to include a classified annex authorizing waterboarding.

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