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Detention of U.S. Persons as Enemy Belligerents

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.
Date: April 11, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

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

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.
Date: May 9, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of U.S. Persons as Enemy Belligerents

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.
Date: February 1, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Zivotofsky v. Kerry: The Jerusalem Passport Case and Its Potential Implications for Congress's Foreign Affairs Powers

Description: This report briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The report then summarizes the Supreme Court decision, including concurrences and dissents. Finally, the report concludes by suggesting possible implications of the decision with respect to Congress's authority to influence foreign affairs.
Date: September 28, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Iran Hostages: Efforts to Obtain Compensation

Description: This report outlines the history of various efforts relating to benefits for victims of the 1979-1981 Iran Hostage Crisis, and describes several bills currently before Congress: the Justice for Former American Hostages in Iran Act of 2015, S. 868, a companion bill, H.R. 3338, and Section 122 of the Department of State Operations Authorization and Embassy Security Act, Fiscal Year 2016, S. 1635.
Date: November 2, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Criminal Prohibitions on the Publication of Classified Defense Information

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.
Date: September 8, 2011
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Criminal Prohibitions on the Publication of Classified Defense Information

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.
Date: June 26, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt

Description: This report discusses the case of Baker v. Spath, in which Brigadier General (Gen.) John G. Baker, Chief Defense Counsel of the Military Commission System, prevailed in his habeas case against a military commission judge who sentenced him to 21 days' confinement and fined him $1,000 for contempt.
Date: July 18, 2018
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now

Description: This report discusses the case of Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS). The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting "John Doe" from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant.
Date: June 20, 2018
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Zivotofsky v. Kerry: The Jerusalem Passport Case

Description: This report briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The report summarizes the appellate court's opinion finding the passport measure unconstitutional and presents brief synopses of the petitioner's argument before the Supreme Court, the Secretary of State's brief in response, and briefs of amici curiae submitted by the Senate (pursuant to S.Res. 504) and by some Members of the House of Representatives. Finally, the report concludes by suggesting some factors that may affect the outcome.
Date: October 30, 2014
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: There have been inconsistent opinions in the District Court for the District of Columbia as to whether detainees who are suspected of connections to terrorist actions have any enforceable rights to challenge their treatment and detention. This report describes issues surrounding the writ of habeas corpus as it relates to detaining and imprisonment in matters of counterterrorism. This report also includes several legal cases and pieces of legislation in regards to this issue.
Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Partner: UNT Libraries Government Documents Department

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Graham Amendment and analyzes how it might affect detainee-related litigation in federal court.
Date: December 7, 2005
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Partner: UNT Libraries Government Documents Department

Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

Description: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution.
Date: January 11, 2013
Creator: Elsea, Jennifer K. & Weed, Matthew C.
Partner: UNT Libraries Government Documents Department