Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

Date: May 9, 2012
Creator: Elsea, Jennifer K.
Description: The initiation of military commission proceedings against Khalid Sheik Mohammad and four others for their alleged involvement in the 9/11 terrorist attacks has focused renewed attention on the differences between trials in federal court and those conducted by military commission. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: June 26, 2012
Creator: Elsea, Jennifer K.
Description: The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of recent legislation relevant to the issue as well as some previous efforts to criminalize the unauthorized disclosure of classified information.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: September 8, 2011
Creator: Elsea, Jennifer K.
Description: The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act.
Contributing Partner: UNT Libraries Government Documents Department
Intelligence Identities Protection Act

Intelligence Identities Protection Act

Date: January 28, 2011
Creator: Elsea, Jennifer K.
Description: This report summarizes the Intelligence Identities Protection Act, P.L. 97-200, enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
The Iran Hostages: Efforts to Obtain Compensation

The Iran Hostages: Efforts to Obtain Compensation

Date: November 1, 2013
Creator: Elsea, Jennifer K.
Description: This report provides background information regarding the 1979-1981 Iran Hostage Crisis, and discusses the Hostage Relief Act.
Contributing Partner: UNT Libraries Government Documents Department
Criminal Prohibitions on the Publication of Classified Defense Information

Criminal Prohibitions on the Publication of Classified Defense Information

Date: December 6, 2010
Creator: Elsea, Jennifer K.
Description: The recent online publication of classified defense documents by the organization WikiLeaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the statutory prohibitions that may be implicated, such as the Espionage Act.
Contributing Partner: UNT Libraries Government Documents Department
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

Date: September 24, 2010
Creator: Elsea, Jennifer K.
Description: On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: April 11, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
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