DoD Updates Doctrine on “Detainee Operations”

When it comes to Department of Defense doctrine on military treatment of detained persons, “unlawful enemy combatants” are a thing of the past. That term has been retired and replaced by “unprivileged enemy belligerents” in a new revision of Joint Publication 3-13 on Detainee Operations, dated November 13, 2014. Among other changes, the revised Publication adopts Article 75 of the First Additional Protocol to the Geneva Conventions which provide minimum standards for humane treatment of […]

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Some State Secrets Cases Are a Secret, Govt Says

The government has occasionally invoked the state secrets privilege in a legal proceeding without ever publicly revealing that it had done so, government attorneys disclosed in a pending state secrets case this week. Last September, observers were surprised when the government intervened and asserted the state secrets privilege in a private defamation lawsuit brought by Greek businessman Victor Restis against the anti-Iran advocacy organization United Against Nuclear Iran. (“Private Lawsuit Jeopardizes State Secrets, US Says,” […]

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Internships in the Federal Government, and More from CRS

New products from the Congressional Research Service obtained by Secrecy News include the following. Intelligence Authorization Legislation for FY2014 and FY2015: Provisions, Status, Intelligence Community Framework, November 20, 2014 U.S. Family-Based Immigration Policy, November 19, 2014 Yemen: Background and U.S. Relations, November 19, 2014 Natural Gas for Cars and Trucks: Options and Challenges, November 19, 2014 State Minimum Wages: An Overview, November 18, 2014 Veterans Exposed to Agent Orange: Legislative History, Litigation, and Current Issues, […]

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Rep. Moran Urges Presidential Pardon for John Kiriakou

Rep. James P. Moran this week called on President Obama to pardon John Kiriakou, the former CIA officer who was convicted of disclosing the name of an undercover intelligence officer and who is currently serving a prison sentence in the Federal Correctional Institution in Loretto, Pennsylvania. “Mr. Speaker, I rise today to ask for a Presidential pardon for John Kiriakou,” said Rep. Moran (D-VA), who is retiring from Congress, in a statement entered in the […]

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Sen. Markey to DoE: What About the James Doyle Case?

Senator Edward J. Markey asked the Secretary of Energy this week to expedite the investigation of the firing of James Doyle from Los Alamos National Laboratory, which occurred after Doyle published an analysis critical of U.S. nuclear weapons policy. “I write to urge you in the strongest possible terms to quickly conclude your investigation into the recent termination of Dr. James E. Doyle, a nuclear security and non-proliferation specialist who had been employed at the […]

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Air Force Intelligence: No Human Experimentation Here

In the United States Air Force, “intelligence components do not engage in experimentation involving human subjects for intelligence purposes.” That unsolicited assurance was reiterated in the latest revision of Air Force Instruction 14-104, Oversight of Intelligence Activities, November 5, 2014. “For purposes of this instruction, the term ‘human subjects’ includes any person, whether or not such person is a US person. No prisoners of war, civilian internees, retained, and detained personnel as covered under the […]

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Scientific Basis of EPA Actions, and More from CRS

Noteworthy new products from the Congressional Research Service that Congress has withheld from online public distribution include the following. U.S. Trade Concepts, Performance, and Policy: Frequently Asked Questions, November 17, 2014 Supreme Court Hears Oral Argument in Federal Whistleblower Case, CRS Legal Sidebar, November 14, 2014 Scientific Basis of Environmental Protection Agency (EPA) Actions: H.R. 1422 and H.R. 4012, CRS Insights, November 17, 2014 International Climate Change Financing: The Green Climate Fund (GCF), November 17, […]

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“No Fly” List to Offer Increased Transparency

The “no fly” list procedures that are used to prevent individuals who may present a security hazard from flying on commercial aircraft are being revised to make them more transparent and easier to challenge, government attorneys said Friday. They asked a court to suspend a lawsuit disputing the constitutionality of the “no fly” procedures for two months until the revisions are complete. “The Government… is currently reviewing and revising the administrative redress procedures for denials […]

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Joint Doctrine: Counterterrorism, and Countering WMD

New military doctrine from the Joint Chiefs of Staff “narrows the definition of counterterrorism” to focus on activities designed to neutralize terrorist networks. It excludes actions to “counter root causes” of terrorism, which have now been removed from the definition. The new publication also “describes the activities of the global special operations network as it relates to CT [counterterrorism],” though without providing much detail. See Joint Publication 3-26, Counterterrorism, 24 October 2014. Another Joint Chiefs […]

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Wanted: Director of the Federal Register (Top Secret)

The National Archives is seeking a new Director of the Federal Register program, a position that requires a Top Secret security clearance. The Federal Register is sometimes described as the “daily newspaper” of the executive branch. Each weekday, it “provides citizens access to proposed and final regulations, rules, and other administrative actions of the Federal government,” according to an announcement in USA Jobs. In addition to overseeing the Federal Register itself, the Director of the […]

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