Brookings Institution
Benjamin Wittes is a senior fellow at the Brookings Institution and a member of the Hoover Institution's Task Force on National Security and the Law. The co-founder and editor-in-chief of the Lawfare blog, Wittes is the author of Confirmation Wars: Preserving Independent Courts in Angry Times and Law and the Long War: The Future of Justice in the Age of Terror.
Are we reaching a constitutional crisis? Trump has attacked "so-called Judges," demeaned the FBI, posited that it's a horrible idea that the press can write whatever it wants and led the chant of "lock her up" against Hillary Clinton. His defenders say this is just Trump being Trump. But is there something bigger -- an assault on the the rule of law?
Human Rights, the Law and the Ongoing Threat of Terror Waterboarding was stopped before the end of the Bush Administration. Humane treatment of prisoners was required by an act of Congress, and rules were laid out in the new Army Field Manual of 2006. President Obama has proclaimed that torture is contrary to America's founding documents and fundamental values. But controversy over so-called "enhanced interrogation techniques" continues.
Human Rights, the Law and the Ongoing Threat of Terror Waterboarding was stopped before the end of the Bush Administration. Humane treatment of prisoners was required by an act of Congress. Rules were laid out in the new Army Field Manual of 2006. Candidate Barack Obama excoriated prisoners' "harsh interrogation" in what George Bush called the "war on terror," criticizing the indefinite detention of suspects that Bush said could not be tried as well as "rendition," sending them to be questioned in other countries. President Obama has proclaimed torture as contrary to America's founding documents and fundamental values. But controversy over so-called "enhanced interrogation techniques" continues. Are the Obama White House and the CIA now embracing both those policies? Is the US still sanctioning torture? We look at the politics and the realities of national security.
Dueling Speeches over National Security President Obama and former Vice President Dick Cheney lined out their differences today in speeches designed to frame the ongoing debate on national security. The President spoke at the National Archives, Cheney addressed the American Enterprise Institute
Obama and Cheney Address the Politics of National Security The President and the former Vice President could hardly disagree more on the right and wrong policies for keeping America safe. In dueling speeches today, they advanced their views and repudiated each other on issues including interrogations, Guantánamo Bay and the Constitution. Speaking at the National Archives, Obama said he'll protect the nation while preserving the rule of law. Cheney spoke at the American Enterprise Institute, where he said critics of tough anti-terrorist measures "distort the truth." We talk to reporters and others about today's quasi-debate. Will it change perceptions of the past? Will it help shape the future?
National Security and American Values Suspected terrorists have been held for years in US military prisons with no charges and no trials, creating a conflict between constitutional rights and national security. As soon as next month, Barack Obama will face tough choices about presidential power. We hear about a US Supreme Court case which could have dramatic and long-lasting consequences.
What Should Be Done about Guantanamo Detainees? In last year's campaign, Barack Obama was scathing in his criticism of the Bush Administration's treatment of prisoners in the war on terror. As President, he has denounced torture and ordered closure of Guantánamo Bay. But what about detainees who've been held for years without trials or even charges against them? Obama wants to assert American “values.” Former Vice President Cheney says he cares more about the rights of terrorists than protecting the US. We hear about a US Supreme Court case that could cause a political firestorm and lay down rules that could last for years to come.
Judge Michael Mukasey and the Department of Justice Yesterday, former Federal Judge Michael Mukasey promised to resist White House political meddling, to restore the integrity of the Justice Department and to balance the requirements of national security with Constitutional liberties. His chances of being confirmed to replace Alberto Gonzales as Attorney General were looking good. But today, some Democrats said they were "very disappointed" by his failure to clearly answer the question , "is waterboarding torture?" Approval of harsh means of interrogation got Gonzales in trouble with civil libertarians of both political parties. Others insist Mukasey should be required to appoint a special prosecutor to clean up the political taint left by Gonzales. We hear different opinions about Mukasey's record, the legal challenges he faces and morale at the Department of Justice .
Supreme Court Divided Again on a Major Decision In 1954, US Supreme Court ruled --without a dissenting vote--that racial segregation in public schools violated the Constitution. The Court's unanimity was considered a great achievement by the new Chief Justice, Earl Warren --and a major factor in driving the subsequent integration of schools. Today, the US Supreme Court ruled 5 to 4 that schools cannot consider race in trying to maintain racial diversity. School districts nationwide could be affected by a split decision with Bush appointees Samuel Alito and Chief Justice John Roberts on the winning side. In dissent, Stephen Breyer said, "This is a decision the nation and the court will come to regret." We consider the first term of the Roberts Court, and whether its record of 5-to-4 decisions will make history or leave major issues more muddled than ever.
Terrorism and tweets, hate speech and murder Just days before an election, Britain is coping with a rash of deadly terrorism, and Prime Minister Theresa May is on the defensive. And again today, President Trump has tweeted criticism of the Mayor of London. Later, a double murder in Portland, Oregon has revealed the ugly past of a supposedly “progressive” city. One immediate question: is “hate speech” protected by the First Amendment?
Is the threat from Russia missing from the Russia meddling probe? There's much being made about the Trump administration's possible ties with Russia. But the bottom line is Russia's effort to influence American democracy. Do the President and his aides care enough to take action before voters go back to the polls?
Venezuela spirals into economic and political chaos Venezuela, a country whose potential for prosperity is unmatched, finds itself on the verge of civil war. What sustains the repressive government? With time running out, guest host León Krauze looks at what the international community can do to pull the country from the edge of collapse.
Ex-FBI Director Comey tells his side of the story Today, former FBI Director James Comey came close to calling the President who fired him a liar. The White House denied the claim and called it insulting, but Republican Senators did not challenge Comey’s truthfulness. Many questions remain: did the President try to obstruct a federal investigation? Later, we’ll go behind the “velvet rope” for a look at 5-Star health care for the richest Americans.
