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The Protection of Classified Information: The Legal Framework

Description: This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information -- including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties, and some recent developments.
Date: May 18, 2017
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Use of Federal Troops for Disaster Assistance: Legal Issues

Description: Hurricane Katrina raised questions concerning the President's legal authority to send active duty military forces into a disaster area and the permissible functions the military can perform to protect life and property and maintain order. This report summarizes the possible constitutional and statutory authorities and constraints relevant to the use of armed forces, including National Guard units in federal service, to provide assistance to states when a natural disaster impedes the operation of state and local police. This report also addresses proposed legislation, including H.R. 5122 (S. 2766).
Date: August 14, 2006
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 to general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). A summary of the case Rumsfeld v. Hamdan follows, in particular the shortcomings identified by the Supreme Court. The report provides an overview of relevant legislation. Finally, the report provides two charts to compare the regulations issued by the Department of Defense to standard procedures for general courts-martial under the Manual for Courts-Martial and to proposed legislation.
Date: September 25, 2006
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Selected Procedural Safeguards in Federal, Military, and International Courts

Description: This report provides a brief overview of procedural rules applicable in selected historical and contemporary tribunals for the trials of war crimes suspects. The chart that follows compares selected procedural safeguards employed in criminal trials in federal criminal court with parallel protective measures in military general courts-martial, international military tribunals used after World War II, including the International Military Tribunal (IMT or "Nuremberg Tribunal"), and the International Criminal Courts for the former Yugoslavis (ICTY) and Rwanda (ICTR).
Date: September 18, 2006
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Lawsuits Against State Supporters of Terrorism: An Overview

Description: A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism -- Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya -- to bring suit in U.S. courts to seek monetary damages. Despite congressional efforts to make blocked (of "frozen) assets of such States available for attachment by judgment creditors in such cases, plaintiffs encountered difficulties in enforcing the awards. This report provides an overview of these issues and relevant legislation.
Date: April 29, 2008
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Lawsuits Against State Supporters of Terrorism: An Overview

Description: A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism - Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya - to bring suit in U.S. courts to seek monetary damages. This report, which will be updated, provides an overview of these issues and relevant legislation (H.R. 5167).
Date: August 7, 2008
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Lawsuits Against State Supporters of Terrorism: An Overview

Description: A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism - Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya - to bring suit in U.S. courts to seek monetary damages. This report, which will be updated, provides an overview of these issues and relevant legislation (H.R. 5167).
Date: July 15, 2008
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of American Citizens as Enemy Combatants

Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Date: January 30, 2003
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of American Citizens as Enemy Combatants

Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Date: March 15, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of American Citizens as Enemy Combatants

Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Date: February 24, 2005
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of American Citizens as Enemy Combatants

Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Date: March 31, 2005
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Date: January 18, 2005
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department