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"Is The President Always Right?" Materials

Following are reference materials for the "Is The President Always Right? An Examination of Presidential Authority" CLE that took place on November 3, 2006. The Presidential Program schedule and speaker information is available online, as well as a video of the event in Windows Media Player format.

September 25, 2001 Yoo memo: The President’s Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them
November 13, 2001 Presidential Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
December 28, 2001 DoJ/Office of Legal Counsel Memo: Possible Habeas Jurisdiction over Aliens Held in Guantanamo Bay, Cuba
January 9, 2002 DoJ/Office of Legal Counsel Memo: Application of Treaties and Laws to al Qaeda and Taliban Detainees
August 1, 2002 Bybee memo for Gonzalez on Standards of Conduct for Interrogation Under 18 USC 2340
December 30, 2004 Levin memo for Comey on Legal Standards Applicable under 18 USC 2340
September 29, 2005 McCain Amendment: Uniform Standards for the Interrogation of Persons Under the Detention of the Department of Defense
January 24, 2006 Prepared Remarks on Surveillance for Attorney General Alberto R. Gonzalez at the Georgetown University Law Center Remarks
February 13, 2006 ABA Resolution on Domestive Surveillance
February 17, 2006 Commands Responsibility
May 2006 Fein, Taking the Stand: A Defining Constitutional Moment (DC Bar Journal)
May 14, 2006 Turner: “Legal Eagle on Wiretap Flap” (Washington Times)
June 27, 2006 Statement of Bruce Fein before the Senate Judiciary Commission on Presidential Signing Statements

June 29, 2006

Hamdan v. Rumsfeld
July 7, 2006 Pentagon Memo on Application of Common Article 3
July 24, 2006 ABA Task Force on Presidential Signing Statements and Separation of Powers
August 6, 2006 Turner: “Presidential Signing Statements” (Washington Times)
August 9, 2006 Tribe: “Signing Statements” Are a Phantom Target (Boston Globe, p. A9)
Fall 2006 Koh, Can President be Torturer in Chief, 81 Ind. L.J. 1145 (Fall. 2006)
Fall 2006 Pearlstein, Finding Effective Constraints on Executive Power: Interrogation, Detention and Torture, 81 Ind. L.J. 1255 (Fall. 2006)
September 6, 2006 Ch. 8, Approach Techniques and Termination Strategies, Army Field Manual (FM2-22.3)
October 4, 2006 NPR interview: Yoo Defends Detainee Measures as “Rules of War”
October 3, 2006 Lawyers for Detainees Challenge Bush Plan (Washington Post, p. A-6)
October 15, 2006 Editorial: “Guilty Until Confirmed Guilty” (New York Times)
October 17, 2006 Military Commissions Act of 2006
October 17, 2006 Dept. of Justice letter re Military Commissions Act of 2006 to U.S. Court of Appeals
October 18, 2006 Dept. of Justice notice of Military Commissions Act of 2006 to U.S. District Court

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