Human Rights First's U.S. Law and Security Digest is a weekly report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights.

"...[T]here must be two assurances from the highest levels: One, that evidence derived from waterboarding will not be introduced before a military commission, and two, that all reasonable efforts to keep the proceedings open to the media and other observers will be exhausted before closing any portion of any trial. That's the minimum American justice demands."

Morris D. Davis, former chief prosecutor for the Office of Military Commissions, December 26 Op-Ed in the Los Angeles Times.

"I don't subscribe to the principle that there are good Muslims and bad Muslims. They're all Muslims... When I say get rid of them, I wasn't necessarily referring to genocide. What I was referring to is, stand up to them every time they stick up their heads and attack us. We can't afford to say, `We'll try diplomacy.' They don't respond to it. If you look into Islamic tradition, a treaty is only good for five years. We're not dealing with a rational mindset here. We're dealing with madmen."

John Deady, co-chair of New Hampshire Veterans for Rudy, who resigned on December 29, two days after the airing of a Guardian interview video including these comments.

DOJ BEGINS CRIMINAL INVESTIGATION INTO CIA TAPE DESTRUCTION
On Wednesday, January 3, Attorney General Michael Mukasey announced that the Department of Justice will begin a criminal investigation into the CIA's destruction of videotapes showing the harsh interrogations of two alleged al Qaeda leaders currently detained at Guantanamo Bay.  The decision was made following a preliminary inquiry into the tape destruction by the DOJ's National Security Division.  Mukasey ignored requests to appoint a special prosecutor, instead assigning John Durham, a career prosecutor from Connecticut, to head the investigation at the U.S. Attorney's office in the Eastern District of Virginia. The investigation will be carried out largely by agents from the FBI, which has been extremely critical of the CIA's enhanced interrogation practices.  Both the House and Senate Intelligence Committees plan to continue their own investigations into the matter.  In another development on Wednesday, Thomas H. Kean and Lee H. Hamilton, the chairman and vice chairman of the 9/11 commission, published an Op-Ed in the New York Times alleging that the CIA had never mentioned the tapes to them, despite repeated requests that the agency disclose information derived from the interrogations of 118 detainees, including the two detainees whose tapes were destroyed. According to Kean and Hamilton, the CIA's actions obstructed the Commission's investigation into the September 11 attacks. Read more.

TWO MARINES TO FACE COURTS-MARTIAL FOR HADITHA KILLINGS
The Marine Corps announced on Monday, December 31, its decision to court-martial a marine allegedly involved in killing Iraqi civilians during a house-to-house raid in Haditha in late 2005. The raid followed an insurgent attack on the unit's convoy. Staff Sgt. Frank D Wuterich, the leader of the marine unit charged with the killings, was initially accused of unpremeditated murder, but the charges were reduced on Monday to voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice. In a separate decision on Monday, Lt. Gen. Helland also referred Lt. Andrew A. Grayson for a court-martial, charging him with making false statements, attempting to separate fraudulently from the Marine Corps, and obstructing justice in connection with allegations that he covered up photographs of the aftermath of the killings. Initially, eight men were charged with crimes related to the Haditha killings. Charges against four of the eight marines were dropped, and the remaining four, none of whom face murder charges, will appear before courts-martial. Read more.

GUANTANAMO PRISONER DIES OF CANCER; LAWYERS CLAIM OTHER DETAINEES SUFFER ILLNESSES
On Sunday, December 30, U.S. authorities announced the death of Algerian detainee Abdul Razzak from colon cancer. Razzak had been held at Guantanamo without charge since January 2003 and had undergone chemotherapy beginning in October 2007. He is the fifth detainee to die in U.S. custody at Guantanamo since the prison opened in 2002. The four other deaths involved apparent suicides. Following Razzak's death, U.S. authorities claimed that no other prisoners are in immediate danger of dying, though lawyers for several of the detainees disagree. Lawyers contend that at least four of the approximately 275 men currently at Guantánamo are gravely ill and are not being afforded adequate medical treatment.  According to lawyers, two detainees have not been treated and at least one other detainee needs a risky procedure that they argue should not be performed at Guantanamo because it lacks the appropriate medical equipment. Read more.

MUSLIM CHARITY RULED NOT LIABLE FOR DEATH OF U.S. TEENAGER
On Saturday, December 28, the U.S. Court of Appeals for the 7th Circuit overturned a jury award against the now-defunct Holy Land Foundation for Relief and Development and several other individuals for their alleged involvement in the 1996 slaying of an American teenager in Israel. The Court held that plaintiffs Stanley and Joyce Boim, whose son was killed by two Hamas gunmen, had failed to prove that financial contributions to the group had played a direct role in the slaying. The decision voided a lower court ruling on behalf of the plaintiffs, which held that the defendants were "involved in an agreement to accomplish an unlawful act" because they had paid Hamas to perform speaking engagements in 1993 and 1994. The 7th Circuit disagreed, stating: "Belief, assumption, and speculation are no substitutes for evidence in a court of law... We must resist the temptation to gloss over error, admit spurious evidence, and assume facts not adequately proved simply to side with the face of innocence and against the face of terrorism." The case will return to the district court, where a new trial may ensue. Read more.

JANUARY 11: ANNIVERSARY OF FIRST DETAINEES SENT TO GUANTANAMO BAY
Amnesty International and other activists will hold a rally to mark the sixth anniversary of the first arrival of detainees at Guantanamo Bay. The event will begin at 11:00 a.m. at the National Mall at 12th Street, N.W., Washington, D.C. More information.

JANUARY 16: DISCUSSION ON LEADERSHIP IN THE MUSLIM WORLD
The Center on Law and Security at New York University School of Law will present a discussion entitled "Power Politics: Iran, Saudi Arabia, and Leadership in the Muslim World." The event will begin at 6:00 p.m. in Lipton Hall, 108 W. 3rd Street, New York City. More information.

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