IO Backlash Against Rendition on the HOA
I saw this one today on the Ebird and wanted to post it here. Mr, Salopek's article in this gets a thumbs up. Rendition is controversial. I personally question its effectiveness when balanced on the classic scale of risk versus gain. Large scale proxy rendition, especially when the proxy has a dubious human rights record, is asking for the scale to plop solidly on the risk side with little hope for gain. This is very much a case of creating more enemies than you catch.
Tom
Quote:
Renditions fuel anger against U.S.
By Paul Salopek | Tribune correspondent
December 4, 2008
NAIROBI, Kenya—Clement Ibrahim Muhibitabo is one of the forgotten ones.
So is Ines Chine. So is Abdul Hamid Moosa.
Rwandan, Tunisian and South African citizens respectively, the three Africans are among the victims of one of the largest if most obscure rendition programs in the global war on terror: the mass arrest, deportation and secret imprisonment of some 100 people who fled an invasion of Somalia last year—a roundup that even included women and small children.
The snatch-and-jail operation was carried out by U.S. allies Kenya and Ethiopia but involved CIA and FBI interrogators, say European diplomats, human-rights groups and the program's many detainees.
All corrections are cheerfully accepted ...
being temporarily stupid is not an issue - being permanetly stupid, is.
So, there is a bit of meat to the story. But, even if there weren't, I expect it would still find a receptive audience. E.g., Soapy Williams' 1964 Congo letter, forged by the Czechs. I expect we could find more than one GWOT operation that, even though arguably legal, resulted in a PR blowback.
Me thinks, you skipped a NOT, here ...
Quote:
In an emergency situation regular LE does [NOT] have to comply with the regular routine such as Miranda before interviewing and or search warrants.
As to this:
Quote:
Expanded to a Terrorist would be something like expanded detention say 7 days because the information he/she may have could effect not just one life but conceivably thousands. The Standard would be reduced to reasonable suspicion as opposed to having to establish probable cause. At the end of 7 days either you have probable cause to file formal arrest charges or they walk.
Back when I was a little boy in law school (which was just before Miranda), a serious proposal was made (IIRC by Fred Inbow and others) to allow US police interrogation for a limited period of time before arraignment, under some conditions - one was audio recording the entire interrogation. Today, we have video.
The idea was to allow cops some leeway to cement probable cause and, frankly, develop actionable intelligence to other perps. Since the entire interrogation would eventually be before the trial court, the judge would be in as perfect position as possible to decide admissibility (and fruit of the poisoned tree) based on the "totality of circumstances".
I had NO issues with that proposal then, or now. Miranda put end to what were some innovative concepts in juxtaposing police TTPs, the judicial process and the rights of the accused.
I think we are thinking along the same lines. Make it point 1A in my outline.
PS: My God - at least part of my memory still remains (except for spelling "Inbau" as "Inbow"). Fred E. Inbau et al, Criminal Interrogation and Confessions, which is here.
This is a more recent version of the 1962 version, which was my reference above.
Quote:
Product Description
The fourth edition of Criminal Interrogation and Confessions presents the Reid Technique of interviewing and interrogation, and is the standard used in the field. The Fourth Edition presents interviewing and interrogation techniques, based on actual criminal cases, which have been used successfully by thousands of criminal investigators. This practical text is built around simple psychological principles and examines interrogation as a nine-step process that is easily understood by students.
I think my profs (Kamisar & Israel)'s case book may have some excerpts from Inbau's plan. I'll look.
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PS #2 - did talk with Circuit Judge re: the Astan HTT case. His nephew is assigned to one of them - so, he knew the drill. Chuck was a defense attorney before going on the bench. Bottom line. "Boy, handcuffed - that's a tough case. Come on, Chuck, you can do better than that. Boy, those handcuffs, - that's a real tough case." We then got off into Anatomy of a Murder and John Voelker, who tried the real Anatomy case, but who only talked fly fishing in his fairly often bar room conversations with Chuck when Chuck was a rookie lawyer. He then had to go onto the bench and put someone in Jackson or Marquette - I didn't stick around for the sentencing.