![]() ![]() Guantanamo Detention in the Time of COVID-19 June 24, 2022.By, With, And Through: Section 1202 and the Future of Unconventional Warfare June 24, 2022.Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations June 24, 2022.Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine June 24, 2022.FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security June 24, 2022.Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability June 24, 2022.Social Media-A Tool for Terror? September 16, 2022.A Multiverse of Metaverses September 16, 2022.Senate Judiciary Committee, where she worked on issues of white collar crime. District Court for the District of Columbia, and was counsel to the U.S. Before joining the law faculty, she clerked for the Hon. A member of the American Law Institute (ALI), she is an advisor to the ALI’s Project on Principles of Government Ethics, a consultant to the Administrative Conference of the United States, and past chair of the National Security Law Section of the Association of American Law Schools. She also created a course on comparative whistleblowing, which she taught at Utrecht University. Professor Clark created and taught for 13 years a course on governmental ethics as part of the Congressional & Administrative Law Program. That article has been featured in two legal ethics casebooks and a public administration anthology, and was cited in a Justice Department Office of Professional Responsibility report about the torture memo. Professor Clark co-authored a Washington Post op-ed about the Justice Department torture memo, and later expanded that analysis into Congressional testimony and a law review article. Professor Kathleen Clark, a 2010–11 Israel Treiman Faculty Fellow, teaches and writes about government ethics, national security law, legal ethics, and whistleblowing. Ethical Issues Raised by the OLC Torture Memorandum.Acting in reliance on this memorandum, the government started imprisoning and interrogating alleged al Qaeda members at Guantánamo the following month, cognizant of the risk that a federal court might find habeas jurisdiction. The memorandum predicted that federal courts would not exercise jurisdiction but explained the risk of a contrary ruling. The memorandum prepared by OLC explained the arguments against such jurisdiction, but it also explored possible strengths in the opposing position. On December 28, 2001, OLC responded with a thorough and balanced analysis of how the federal courts were likely to resolve the jurisdictional question. ![]() The Defense Department believed that the Naval Base at Guantánamo Bay, Cuba might work, so it asked the Justice Department’s Office of Legal Counsel (OLC) whether federal courts would entertain habeas corpus petitions filed by prisoners at Guantánamo, or whether they would dismiss such petitions as beyond their jurisdiction. ![]() In the fall of 2001, the Bush administration was looking for a place to imprison and interrogate alleged al Qaeda members away from the prying eyes of other countries and insulated from the supervision of United States courts.
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