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BILL OF WRONGS -- THE EXECUTIVE BRANCH'S ASSAULT ON AMERICA'S FUNDAMENTAL RIGHTS |
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SOURCE NOTES CHAPTER ONE: INDEPENDENCE DAY American Civil Liberties Union. "Secret Service and White House Charged with Violating Free Speech Rights in ACLU Lawsuit," ACLU-West Virginia, press release, September 14, 2004. Baur, Terri. Telephone interview by LD, January 5, 2007. Cohen, Henry. Freedom of Speech and the Press: Exceptions to the First Amendment. Congressional Research Service Report for Congress, updated June 2, 2006. Howards, Steven. Telephone interview by LD, January 23, 2007. Jeffrey Rank and Nicole Rank, plaintiffs, v. Gregory J. Jenkins, Deputy Assistant to the President of the United States and Director of the White House Office of Presidential Advance; W. Ralph Basham, Director of the United States Secret Service; John Does 1-2; John Does 3-4, defendants. In the United States District Court for the Southern District of West Virginia (Complaint), September 14, 2004. Johnson, Hans. "The Home Front," In These Times, October 25, 2004. Lane, David. Telephone interview by LD, January 12, 2007. Levy, Leonard W. Original Intent and the Framer's Constitution (Chicago: Ivan R. Dee, 1988). Meadow, James B. "From Boyhood Protest to Taking on Cheney," Rocky Mountain News, October 21, 2006. Niederer, Sue. Interview by LD, Pennington, New Jersey, January 16, 2007. Peyton, Harvey. Telephone interview by LD, January 15, 2007. Pitts, Lewis. Telephone interview by LD, March 5, 2007. Rank, Jeff. Interview by LD, Houston, Texas, February 9, 2007. Rank, Nicole. Interview by LD, Houston, Texas, February 9, 2007. Sarche, Jon. "White House Officials Can Exclude Dissenters," Associated Press, April 16, 2005. Savage, Charlie. "Post-9/11 Limits on Dissent Claimed," The Boston Globe, December 14, 2003. Simonich, Milan. "Judge Clears Bush Opponent," Pittsburgh Post-Gazette, November 1, 2002. Star Ledger (N.J.), death notice for Seth Dorvin, February 9, 2004. Steven Howards v. Virgil D. (Gus) Reichle, Jr. United States District Court for the District of Colorado, (Original Complaint), October 3, 2006. Stone, Geoffrey. Perilous Times: The First Amendment in Wartime (New York: W. W. Norton & Company, 2004). Waters, Sharon. "Mother of GI Killed in Iraq Arrested in 'Chaotic' Scene," Asbury Park Press (N.J.), September 17, 2004. CHAPTER TWO A ZONE OF THEIR OWN ACORN, USAction, United for Peace and Justice, The National Organization for Women, plaintiffs v. The City of Philadelphia, The Police Department of the City of Philadelphia, and the United States Secret Service of the Department of Homeland Security, defendants. United States District Court for the Eastern District of Pennsylvania (Amended Complaint), September 23, 2003. Bovard, James. "Free Speech Zone: The Administration Quarantines Dissent," The American Conservative, December 15, 2003. Bursey, Brett. Telephone interview by LD, February 26, 2007. Buskey, Nikki. "Arrested Protestors File Lawsuit," The Daily Texan (University of Texas at Austin), January 21, 2005. "Charges Overturned Against Crawford Five," The Lone Star Iconoclast (Crawford, Tex.), July 14, 2004. Cohen, Henry. Freedom of Speech and the Press: Exceptions to the First Amendment. Congressional Research Service Report for Congress, updated June 2, 2006. Commonwealth of Pennsylvania, plaintiff, v. William R. Neel, defendant. Before District magistrate Shirley R. Trkula in and for Allegheny County, Pennsylvania (Transcript of Proceedings), October 31, 2002. Cowan, Lee. "Silencing Voices of Dissent," CBS Evening News, December 4, 2003. Hightower, Jim. "Bush Zones Go National," The Nation, August 16, 2004. Hilden, Julie. "Penning Protestors: Are Police-Imposed 'Free Speech Zones' and Cages at Conventions Constitutional?" FindLaw, August 13, 2004, http://writ.news.findlaw.com/hilden/20040803.html. Johnson, Kirk. "Man Sues Secret Service Agent over Arrest After Approaching Cheney," The New York Times, October 4, 2006. Katz, Jonathan. "Thou Dost Protest Too Much," Slate, September 21, 2004. Levy, Leonard W. Original Intent and the Framer's Constitution (Chicago: Ivan R. Dee, 1988). Lichtblau, Eric. "FBI Scrutinizes Anti-War Rallies," The New York Times, November 23, 2003. Lindoff, Dave. "How the Secret Service and the White House Keep Protesters Safely out of Bush's Sight -- and off TV," Salon, October 16, 2003. Milbank, Dana. "Secret Service Not Coddling Hecklers," The Washington Post, September 10, 2004. "Political Intelligence: Bush League in Crawford," The Texas Observer, June 24, 2005. Roberts, Diane, "Zoned Out," The New Republic, May 13, 2002. Rothschild, Matthew. "McCarthyism Watch: Protests, Even Buttons, Verboten in Crawford," The Progressive, March 18, 2004. Stanley, Dick. "Crawford Protest Policy Challenged in Lawsuit," Austin-American Statesman, June 17, 2003. Thurmond, J. Strom, Jr. "As Court Ruled, Bursey's Free Speech Not Trampled," The State (Columbia, S.C.), January 12, 2004. ___. E-mail communication with LD, March 13, 2007. United States of America v. Brett A. Bursey, United States District Court for the District of South Carolina (Transcript of Verdict Hearing), January 6, 2004. United States of America v. Brett A. Bursey. United States District Court for the District of South Carolina (Affidavit of Virginia Sanders), May 3, 2004. United Stares of America v. Brett A. Bursey. United States District Court for the District of South Carolina (Appellee's Brief), July 13, 2004. United States of America v. Brett A. Bursey. United States District Court for the District of South Carolina (Defendant/Appellant Reply Brief), August 10, 2004. United States of America v. Brett A. Bursey. United States District Court for the District of South Carolina (Defendant/Appellant's Brief: Standard of Review), October 24, 2004. United States of America v. Brett A. Bursey. United States District Court of Appeals for the District of South Carolina (Opinion), July 25, 2005. Vlajos, Kelly Beaucar. "New Patriot Act Provision Creates Tighter Barrier to Officials at Public Events," Fox News, January 31, 2006. Zafiris, Ken. Interview by LD, Austin, Texas, March 2, 2007. CHAPTER THREE: THE KIDS ARE ALRIGHT "AG Threatens to Prosecute Media over Leaks," Fox News, May 27, 2006. Bates, Stephen. "The Reporter's Privilege, Then and Now," (Research Paper R-23, the Joan Shorenstein Center on the Press, Politics, and Public Policy, John F. Kennedy School of Government, Harvard University, April 2000). Branzburg v. Hayes. Majority Opinion, Supreme Court of the United States, June 29, 1972. Branzburg v. Hayes. Concurring Opinion by Justice Lewis Powell, Supreme Court of the United States, June 29, 1972. Branzburg v. Hayes. Dissenting Opinion by Justice William O. Douglas, Supreme Court of the United States, June 29, 1972. The Charlie Rose Show, transcript, July 6, 2006. Corrigan, Dan. "Bond Issue: Sen. Kit Bond's Secrecy Act Would Gag Journalists -- Even Jail Them," Columbia Journalism Review, November I, 2006. Garbus, Martin. On the Media, National Public Radio, February 26, 2007. ---. Interview by LD, San Francisco, March 8, 2007. ---. Telephone interview by LD, March 15, 2007. Goodman, Amy. Democracy Now!, February 12, 2007. Gross, Terry. "PBS Correspondent Lowell Berger Discusses New 'Frontline' Documentary About Relationship Between White House and the Press," Fresh Air, February 12, 2007. House Select Committee on Intelligence, hearing transcript, May 26, 2006. In re Grand Jury Subpoena, Subpoenaed Party Joshua Wolf. United States District Court for the Northern District of California, (Transcript of Proceedings), February 1, 2006, In re Grand Jury Subpoena, Subpoenaed Party Joshua Wolf. United States District Court for the Northern District of California (Notice of Motion and Motion to Stay and Quash Subpoena and Subpoena Duces Tecum, Supporting Declaration of Jose Luis Fuentes), February 16, 2006. In re Grand Jury Subpoena, Subpoenaed Party Joshua Wolf. United States District Court for the Northern District of California (Subpoenaed Party's Answer to OSC Re: Contempt), July 17, 2006. In re Grand Jury Subpoena, Subpoenaed Party Joshua Wolf. United States District Court for the Northern District of California (Brief of Amicus Curiae ACLU in Response to Joshua Wolf's Answer to OSC Re: Contempt), August 1, 2006. In re Grand Jury Subpoena, Subpoenaed Party Joshua Wolf. United States District Court for the Northern District of California, dated February 1, 2006, United States Reply to Brief Amicus Curiae, August 1, 2006. Joshua Wolf v. The United States of America, Brief of Amici Curiae, submitted by Reporters for Committee for Freedom of the Press, WIW Freedom to Write Fund, Society of Professional Journalists, California First Amendment Coalition, in the United States Court of Appeals for the Ninth Circuit, August 11, 2006. Lichtblau, Eric, and James Risen. "Bank Data Is Sifted by U.S. in Secret to Block Terror," The New York Times, June 22, 2006. McCollam, Douglas. "The End of Ambiguity," Columbia Journalism Review, July/August 2006. "News Wars: A Special Four-Part Investigation on the Future of News," PBS Frontline, February 14-February 28, 2007. Reporters and Federal Subpoenas, Reporters Committee for Freedom of the Press, June 12,2007. Rosen, Jeffrey. "Full Court Press," The New Republic, November 13, 2003. Stone, Geoffrey. "Scared of Scoops," The New York Times, May 8, 2006. Taylor, Smart. "Leak Prosecutions: The Gathering Storm," The National Journal, February 25, 2006. U.S. Department of Justice, Federal Bureau of Investigation, "International Terrorism Matters," internal memo, February 26, 2003. United States Senate Select Committee on Intelligence, hearing transcript, February 2, 2006. "When Must Joumalists Reveal Their Sources?," Business Wire, October 27, 2005. CHAPTER FOUR: DARWIN ON TRIAL "A Not So Intelligent Design: Bush Does Science a Disservice," editorial, Philadelphia Daily News, August 4, 2005. Americans United for Separation of Church and State, "Monaghan's Ave Maria Repays U.S. College Aid," AU Bulletin, August 2, 2005. Badkhen Anna, "Anti-evolution Teachings Gain Foothold in U.S. Schools: Evangelicals See Flaws in Darwinism," San Francisco Chronicle, November 30, 2003. Baker, Peter, and Peter Slevin. "Bush Remarks on 'Intelligent Design' Theory Fuel Debate," The Washington Post, August 3, 2005. Behe, Michael J. "Design for Living," The New York Times, January 7, 2005. Bumiller, Elisabeth. "Bush Remarks Roil Debate over Teaching of Evolution," The New York Times, August 3, 2005. Caldwell, Christopher. "Creationism's Sly Evolution," Financial Times, January 22, 2005. Caruso, Lisa. "Catholic Conservatives' New Advocates," The National Journal, September 3, 2005. "Intelligent Design Rears Its Head," The Economist, July 30, 2005. Kauffman, Christina. "Dover Parents: Let's Go to Court." The York (Pa.) Dispatch, April 11, 2005. ___. "Dover OK's Buckingham's Resignation," The York (Pa.) Dispatch, August 2, 2005. Lebo, Laurie, and Michelle Starr. "Teachers: Our Output Not Applied: Dover Science Teachers Testified That They Taught References to Intelligent Design," York Daily Record/Sunday News, October 7, 2005. Mooney, Chris. "Darwin's Foes Can't Evolve," The New Republic, October 17, 2005. Ridgeway, James. "Making Monkeys of Us," The Village Voice, August 16, 2005. Rothschild, Eric. Interview by LD, Philadelphia, September 28, 2005. ___. Telephone interview by LD, January 12, 2006. Roward, Rev. Edward. Response to author's question regarding the testimony of John F. Haught, Harrisburg, Pa. September 30, 2005. Tammy Kitzmiller et al. v. Dover School District. United States District Court for the Middle District of Pennsylvania (Complaint), December 14, 2004. Tammy Kitzmiller et al. v. Dover School District. United States District Court for the Middle District of Pennsylvania (Opposition to Defendant's Motion for Summary Judgment), August 8, 2005. Tammy Kitzmiller et al. v. Dover School District. United States District Court for the Middle District of Pennsylvania (Memorandum Opinion, Judge John E. Jones III), December 20, 2005. Tammy Kitzmiller et al. v. Dover School District. Depositions: Behe, Michael; Brown, Jeff; Brown, Carol; Bosnell, Alan; Buckingham, William; Cleaver, Jane; Nilsen, Richard; Peterman, Trudy; Spahr, Bertha; Yingling, Angie, 2005. Thompson, Richard. Press conference, Harrisburg, Pa., September 26, 2005. ___. Response to questions from author, September 27, 2006. Walczak, Witold. Telephone interview by LD, August 24, 2005. ---. Telephone interview by LD, November 27, 2006. Worden, Amy. "Bad Frog to 'Intelligent Design': The Controversial ex-Pa. Liquor Board Chief Is Now U.S. Judge in the Closely Watched Trial," The Philadelphia Inquirer, October 16, 2005. CHAPTER FIVE: SNEAKING AND PEEKING Brandon Mayfield, an individual; Mona Mayfield; an individual; et al. v. John Ashcroft, Attorney General of the United States of America; Richard K. Werder, an individual; Terry Green, an individual; et al. United States District Court for the District of Oregon (Original Complaint), October 4, 2004. "Bush Administration's Law Enforcement Response to Terrorism," Council on Foreign Relations (debate transcript), March 19, 2003. Callimachi, Rukmini. "Government Acknowledges Using Patriot Act in Mayfield Case," Associated Press, March 29, 2005. Cohen, Stanley. Telephone interview by LD, April 13, 2005. Conner, Amy Johnson. "OR Lawyer Wins $2M for False Arrest in Madrid Terrorist Bombing," Lawyers USA, January 1, 2007. Crombie, Noelle. "Mayfield Recalls 'Dark Nights' as FBI Witness," The Oregonian, June 25, 2004. ---. "FBI Outreach to Muslims Comes Amid Interviews," The Oregonian, July 22, 2004. ---. "Famed Lawyer Will Represent Muslim in Bombing," The Oregonian, August 27, 2004. Denson, Bryan. "Mayfield Likens His Ordeal to Orwellian Nightmare," The Oregonian, November 30, 2006. "The Enemy Within: Liberty and Security," The Economist, October 9, 2004. Egan, Timothy. "Terrorism Task Force Detains an American Without Charges," The New York Times, April 4, 2003. Eggen, Dan. "Justice to Probe FBI Role in Lawyer's Arrest; Faulty Fingerprint Analysis Linked American to Madrid Terrorist Bombings," The Washington Post, September 14, 2004. Federal Bureau of Investigation. Statement on Brandon Mayfield case, press release, May 24, 2004. In re Federal Grand Jury Proceedings 03-01, Case No. 04-9071 MISC-CR, Order, In the United States District Court for the District of Oregon, September 20, 2004. In re Mayfield. United States District Court District of Oregon (Transcript), May 6, 2004. Isikoff, Michael. "An American Connection," Newsweek, May 17, 2004. Kariye, Mohamed Abdirahman. Interview by LD, Portland, Oregon, March 22, 2005. "Kariye the Latest Target in Portland Terror Investigation," Associated Press, August 13, 2003. Kershaw, Sarah, and Eric Lichtblau. "Bomb Case Against Lawyer Is Rejected," The New York Times, May 25, 2004. ___. "Spain Had Doubts Before U.S. Held Lawyer in Blast," The New York Times, May 25, 2004. Kershaw, Sarah, Eric Lichtblau, and Dale Fuchs. "Questions About Evidence in U.S. Arrest in Bombing," The New York Times, May 22, 2004. Kershaw, Sarah, Eric Lichtblau, Dale Fuchs, and Lowell Bergman. "Spain and U.S. at Odds on Mistaken Terror Arrest," The New York Times, June 5, 2004. Lichtblau, Eric, William K. Rashbaum, and Laura Mansnerus. "Hard Charger on Terror War's Legal Front -- Michael Chertoff," The New York Times, January 12, 2005. "Mayfield's Luck: Only 2 Weeks Under False Arrest," unsigned editorial, Newsday (N.Y.), May 30, 2004. McRoberts, Flynn, Steve Mills, and Maurice Possley. "Forensics Under the Microscope: Unproven Techniques Sway Courts, Erode Justice," Chicago Tribune, October 17, 2004. Murr, Andrew, Kevin Peraino, Anne Belli Gesalman, Mark Hosenball, and Sarah Downey, "Joining Jihad: They Had Guns, and Plans for Afghanistan. Busting a Would-be Cell," Newsweek, October 14, 2002. Nelson, Thomas. Interview by LD, Portland, Oregon, March 19, 2005. Norris, Michelle, "Portland, Oregon, and Its Relationship with the FBI's Anti-terror Effort," All Things Considered, National Public Radio, February 11, 2005. Robben, Janine. ""What Price Security? The War on Terror Comes Home to Oregon," Oregon State Bar Bulletin, July 2004. Rose, Joseph. "Mayfields' Home Goes from Safe to Sinister," The Oregonian, December 1, 2006. Stout, David. "Report Faults FBI's Fingerprint Scrutiny in Arrest of Lawyer," The New York Times, November 17, 2004. Teitler, Stanley. Telephone interview by LD, April 5, 2004. Tizon, Thomas Alex, Sebastian Rotella, and Richard B. Schmitt. "Critics Galvanized by Oregon Lawyer's Case," Los Angeles Times, May 22, 2004. Toobin, Jeffrey. "Should We Be Worried About the New Antiterrorism Legislation?," The New Yorker, November 5, 2001. Wax, Steve. Interview by LD, Portland, Oregon, January 15, 2004. Werder, Richard K. "Affidavit of FBI Special Agent Richard K. Werder," In re Grand Jury Material Witness Detention, May 6, 2004. Zaitz, Les. "Authorities Suspect a Portland Mosque and Its Leaders Were Behind a Conspiracy to Help the Taliban, a Federal Filing Shows," The Oregonian, August 23, 2003. ---. "FBI Case Against Oregon Lawyer Built on Blurry Fingerprint, Logic," The Oregonian, May 30, 2004. CHAPTER SIX: ROE V. DOE American Civil Liberties Union. "National Securities Letters by the Numbers," press release, March 9, 2007. Anonymous. "My National Security Letter Gag Order," unsigned op-ed by John Doe I, New York, The Washington Post, March 23, 2007. Bailey, Barbara. Telephone interview by LD, May 12, 2007. Bailey, Barbara, Peter Chase, George Christian, and Janet Nocek. Press conference, Hartford, Conn., May 30, 2006. Beeson, Anne. Telephone interview by LD, May 3, 2007. Caproni, Valerie. Transcript of Testimony before House Judiciary Committee, March 28, 2007, Congressional Quarterly. Chase, Peter. Telephone interview by LD, May 1, 2003. Christian, George. Telephone interview by LD, April 27, 2001. Cowan, Alison Leigh. "Judges Question Patriot Act in Library and Internet Case," The New York Times, November 3, 2005. ___. "A Court Fight to Keep a Secret That's Long Been Revealed," The New York Times," November 18, 2005. ___. "Librarian Is Still John Doe, Despite Patriot Act Revision," The New York Times, March 21, 2006. ___. "Four Librarians Finally Break Silence in Records Case," The New York Times, May 31, 2006. ___. "U.S. Ends Yearlong Effort to Obtain Library Records Amid Secrecy in Connecticut," The New York Times, June 27, 2006. Doyle, Charles. National Intelligence Letters in Foreign Intelligence Investigations: Background and Recent Amendments, CRS Report for Congress, Congressional Research Service, updated March 20, 2007. Durbin, Dick. "Statement of U.S. Senator Dick Durbin Regarding Department of Justice Inspector General's Report on the Patriot Act," March 9, 2007. Gellman, Barton. "The FBI's Secret Scrutiny: In Hunt for Terrorists, Bureau Examines Records of Ordinary Americans," The Washington Post, November 6, 2005. Graves, Lisa. "Testimony of Lisa Graves, Deputy Director of the Center for National Securities Studies (submitted in writing)," House Select Intelligence Committee on Intelligence, March 27, 2007. House Select Intelligence Committee. Hearing transcript, May 28, 2007. "The Inspector General's Independent Report on the Federal Bureau of Investigation's Use of National Security Letters," House Judiciary Committee, transcript, Federal News Service, March 20, 2007. Jaffer, Jameel. Telephone interview by LD, April 19, 2007. John Doe et al. v. Alberto Gonzales, Attorney General, et al. On Application to Vacate Stay, Supreme Court of the United States, Justice Ruth Bader Ginsburg (Opinion), October 7, 2005. John Doe, American Civil Liberties Union, American Civil Liberties Union Foundation, plaintiffs, v. John Ashcroft, in his official capacity as Attorney General of the United States; Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation; and Marion Bowman, in his official capacity as Senior Counsel to the Federal Bureau of Investigation, defendants. United States District Court Southern District of New York, Opinion, Decision, and Order, Victor Marrero, United States District Judge, September 28, 2004. John Doe, American Civil Liberties Union, American Civil Liberties Union Foundation, plaintiffs, v. Alberto Gonzales, in his official capacity as Attorney General of the United States; Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation; Michael J. Wolf, in his official capacity as Special Agent in Charge, Federal Bureau of Investigation, defendants. (In the District Court for the District of Connecticut), Declaration of David W. Szady, August 31, 2005. John Doe, American Civil Liberties Union, American Civil Liberties Union Foundation, plaintiffs, v. Alberto Gonzales, in his official capacity as Attorney General of the United States; Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation; Michael J. Wolf, in his official capacity as Special Agent in Charge, Federal Bureau of Investigation, defendants (In the District Court for the District of Connecticut), Declaration of George Christian, August 15, 2005. John Doe, American Civil Liberties Union, American Civil Liberties Union Foundation, plaintiffs, v. Alberto Gonzales, in his official capacity as Attorney General of the United States; Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation; Michael J. Wolf, in his official capacity as Special Agent in Charge, Federal Bureau of Investigation, defendants (In the District Court for the District of Connecticut), Ruling on Plaintiffs Motion for Temporary Injunction, September 9, 2005. John Doe I, John Doe II, American Civil Liberties Union, American Civil Liberties Union Foundation, plaintiffs, v. Alberto Gonzales, in his official capacity as Attorney General; Robert Mueller, in his official capacity of Director of the Federal Bureau of investigation; Marion E. Bowman, in his official capacity as Senior Counsel of the Federal Bureau of Investigation; and John Roe, defendants (In the United States Court of Appeals for the Second Circuit), Per Curiam Opinion, May 23, 2006. John Doe I, John Doe II, American Civil Liberties Union, American Civil Liberties Union Foundation, plaintiffs, v. Alberto Gonzales, in his official capacity as Attorney General; Robert Mueller, in his official capacity of Director of the Federal Bureau of Investigation; Marion E. Bowman, in his official capacity as Senior Counsel of the Federal Bureau of Investigation; and John Roe, defendants (In the United States Court of Appeals for the Second Circuit), Brief of Amici Curiae submitted by American Library Association, Freedom to Read Foundation, American Booksellers Foundation, and Association of American Publishers, October 3, 2005. Leahy, Patrick. "Senate Judiciary Panel Probes FBI's Misuse of Patriot Act Powers," Federal News Service, March 21, 2007. Leone, Richard C., and Greg Anrig, Jr. Liberty Under Attack: Reclaiming Our Freedoms in an Age of Terror (New York: Public Affairs, 2007). Library Connection, Inc.; American Civil Liberties Union; American Civil Liberties Union Foundation, plaintiffs, v. Alberto Gonzales, in his official capacity as Attorney General of the United States; Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation; Michael J. Wolf, in his official capacity as Special Agent in Charge, Federal Bureau of Investigation, defendants (In the District Court for the District of Connecticut), Declaration of Peter Chase. Civil Action No. 3:05cv1256 JCH. Sealed Case, August 9, 2005. Mauro, Tony. "Justice Department's Independence 'Shattered,' Says Former DOJ Attorney," Legal Times, April 16, 2007. "National Security Letter Matters," Federal Bureau of Investigation, Memo to All Field Offices: Synopsis: Provides Guidance on the preparation, approval, and service of National Security Letters [author name redacted], November 28, 2001. Rosen, Jeffrey. "Who's Watching the FBI?," The New Yorker, April 15, 2007. United States Department of Justice Office of the Inspector General. "A Review of the Federal Bureau of Investigation's Use of National Security Letters," March 2007. United States Senate Judiciary Committee. Subcommittee on the Constitution, Civil Rights and Property Rights, transcript, Federal News Service, April 11, 2007. Weiner, Lauren M. "Special Delivery: Where Do National Security Letters Fit into the Fourth Amendment?," Fordham Urban Law Journal, November 1, 2006. Wolf, Michael J., Special Agent in Charge, Federal Bureau of Investigation, National Security Letter to Kenneth Sutton, Systems and Telecommunication Manager, Library Connection, Inc., May 19, 2005. CHAPTER SEVEN: OUR TIME IN THE SHADOWS Abraham, Stephen. Declaration of Stephen Abraham, Lieutenant Colonel, United States Army, June 15, 2007, submitted as part of a reply to an opposition to a petition for rehearing in the case Khaled A.F Al Odah et al. v. United States et al. (No. 06-1196 In the Supreme Court of the United States). Administrative Review Board Hearing Transcripts, Correspondence, and Exhibits, for Detainee Murat Kurnaz, unclassified, U.S. Naval Base Guantanamo Bay, 2005. Azmy, Baher. Telephone interview by LD, May 23, 2007. Chesney, Robert. "Ruling Expands Judiciary's Role in Transfer of Terror Detainees" Washington Legal Foundation, Legal Backgrounder, August 26, 2005. Davies, Frank. "A Year Later, Ruling Stalled for Guantanamo Inmates," The Philadelphia Inquirer, June 30, 2005. Docke, Bernhard. Interview by LD, Bremen, Germany, June 13, 2007. Fava, Claudio (Member of European Parliament). Extraordinary Rendition in U.S. Counterterrorism Policy: The Impact on Transatlantic Relations, Report to the United States House Committee on Foreign Affairs Subcommittee on International Organizations, Human Rights, and Oversight Committee on Europe, April 17, 2007. Faces of Guantanamo: Guantanamo's Many Wrongly Imprisoned, Center for Constitutional Rights, April 2007. Fox, Ben. "Army Officer Says Gitmo Panels Flawed," Associated Press, June 22, 2007. Gellman, Barton, and Jo Becker. "The Unseen Path to Cruelty," The Washington Post, June 25, 2007. Grigg, William Norman. "Land of the Free? Under Legal Theories Currently Being Developed and Deployed, Any Individual Can Be Imprisoned, Tortured, or Even Executed on a Presidential Whim," The New American, April 3, 2006. Hamdi et al. v. Rumsfeld, Secretary of Defense, et al. Declaration of Michael H. Mobbs, Special Advisor to the Under Secretary of Defense for Policy, July 24, 2002. Hamdi et al. v. Rumsfeld, Secretary of Defense, et al. Supreme Court of the United States, Certiorari to the United States Court of Appeals for the Fourth Circuit, June 28, 2004. Hemingway, Thomas L. "Wartime Detention of Enemy Combatants: What If There Were a War and No One Could Be Detained Without an Attorney?," Denver Journal of International Law and Policy, March 22, 2006. In re Guantanamo Detainee Cases, Memorandum Opinion Denying in Part and Granting in Part Respondent's Motion to Dismiss of for Judgment as a Matter of Law, United States District Judge Joyce Hens Green, January 31, 2005. Jost, Kenneth. "Fitting the Nine in a New Docket," CQ Weekly, June 24, 2005. Kaufman, Sam. Interview by LD, December 31, 2005. ___. Telephone interview by LD, January 12, 2007. Kurnaz, Murat. Funf Jahre Meines Lebens: Ein Bericht aus Guantanamo (Berlin: Rowohlt, 2007). ___. Interview by LD, Bremen, Germany, June 13, 2007. ___. Interview by LD, Bremen, Germany, June 14, 2007. ___. Telephone interview by LD, Bremen, Germany, June 15, 2007. Lander, Mark, Souad Mekhennet, and Victor Homola. "Freed German Detainee Questions His Country's Role," The New York Times, November 4, 2006. Leonnig, Carol D. "Panel Ignored Evidence on Detainee; U.S. Military Intelligence, German Authorities Found No Ties to Terrorists," The Washington Post, March 27, 2005. Lewis, Neil A. "U.S. Lawyer Is Questioned over Rights of Detainees," The New York Times, September 9, 2006. "Memorandum for Alberto R. Gonzales, Counsel to the President [the torture memo]," United States Department of Justice, Office of Legal Counsel, August 1, 2002. Moore, Jennifer. "Practicing What We Preach: Humane Treatment for Detainees in the War on Terror," Denver Journal of International Law and Policy, March 22, 2006. Murat Kurnaz et at. v. George W Bush, President of the United States, et at. United States District Court for the District of Columbia, Declaration of James S. Crisfield, Jr., August 15, 2004. Nicola, Stefan, "Report from Guantanamo," United Press International, April 26, 2007. Norwitz, Jeffrey H. "Defining Success at Guantanamo: By What Measure?," Military Review, July 1, 2005. Rasul v. Bush, President of the United States, et al. Supreme Court of the United States, Certiorari to the United States Court of Appeals for the District of Columbia Circuit, June 28, 2004. "A Timeline of Legal Developments at Guantanamo Bay," Knight Ridder Newspapers, June 10, 2006. Toobin, Jeffrey. "Arlen Specter's About Face," The New Yorker, December 4, 2006. United States Senate Judiciary Committee Hearing on Detainees, Panel I, transcript, Federal News Service, June 15, 2005. "Update to Annex One of Second Periodic Report of United States to Committee Against Torture," United States Department of State. Submitted by the United States to the United Nations Committee Against Torture, October 21, 2005. CHAPTER EIGHT: TERRORIST SURVEILLANCE PROGRAMS OR WARRANTLESS WIRETAPS? Abramson, Larry. "Government Won't Release NSA Information to Attorneys," All Things Considered, National Public Radio, March 30,2006. Al-Haramain Islamic Foundation, Inc., an Oregon Non-Profit Foundation; Wendel Belew, a U.S. Citizen and Attorney at Law; Asim Ghafoor, a U.S. Citizen and Attorney at Law v. George W. Bush, President of the United States; National Security Agency; Keith B. Alexander, its Director; et al. Opinion and Order, United States District Judge Garr B. King, December 7, 2006. American Civil Liberties Union et al. v. National Security Agency et al. United States Court of Appeals for the Sixth District (Per Curiam Opinion), July 6, 2007. Anderson, Colleen (Special Agent, Internal Revenue Service). Affidavit in Support of an Application for a Search Warrant, In re: 3380 S. Highway 99, Ashland, OR, 97520 (United States District Court of Oregon), August 2, 2005. Bedan, Matt. "Echelon Effect: The Obsolescence of the U.S. Foreign Intelligence Legal Regime," Federal Communications Law Journal, March 2007. Center for Constitutional Rights, Tina M. Foster, et al., v. George W. Bush, President of the United States, National Security Agency, et al. United States District Court, Southern District of New York, January 17, 2006. Chang, Nancy, and Alan Kabat. "A Summary of Recent Court Rulings on Terrorism-Related Matters Having Civil Liberties Implications," Center for Constitutional Rights, September 11, 2003. Comey, James B. United States Senate Judiciary Committee Hearing, "Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys? Part IV," testimony, May 15, 2007. Denson, Bryan. "Lawyer Thinks Office Was Searched in Secret," The Oregonian, March 21, 2006. "Government Files Motion to Dismiss Case Against Al-Haramain Islamic Foundation, Inc., Because International Fugitives Have Not Been Apprehended," United States Attorney's Office, District of Oregon, press release, August 4, 2005. Green, Ashbel. "Judge Nixes U.S. Bid for Secrecy in Oregon Suit," Knight Ridder/Tribune Business News, April 26, 2006. Krikorian, Greg. "False Quotes Rock Terror Trial; Federal Prosecutors Say They'll Probe a Botched Wiretap Summary," Los Angeles Times, February 28, 2007. Leonnig, Carol D., and Mary Beth Sheridan. "Saudi Group Alleges Wiretapping by U.S.; Defunct Charity's Suit Details Eavesdropping," The Washington Post, March 2, 2006. McCall, William. "Islamic Charity Director's Attorney Says Office Secretly Searched," Associated Press, March 22, 2006. Miller, Steve. The 'Mystery' of Al-Haramain in the Balkans," The Washington Times, September 14, 2003. OMB Watch. "The USA Patriot Act and Its Impact on Non-Profit Organizations," OMB Watch, Washington, D.C., September 3, 2002. Ottaway, David B. "Groups, U.S. Battle over 'Global Terrorist' Label." The Washington Post, November 14, 2004. Ragavan, Chitra, Carol Hook, and Jill Konieczko. "Packing Heat: The White House Defends Its Warrantless Spying Program, but a Small Army of Lawyers Is Gunning to Shoot It Down," U.S. News & World Report, March 13, 2006. Roth, John, Douglas Greenburg, and Serena B. Wille. 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