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.

PENTAGON APPEALS MILITARY COMMISSION JUDGE’S RULING DISMISSING CHARGES
The military commissions’ chief prosecutor announced Friday that prosecutors had appealed a military judge’s ruling dismissing charges against Omar Khadr, a Canadian citizen held at the U.S. Naval Base at Guantanamo Bay, Cuba. The military judge, Col. Peter E. Brownback III, had denied military commission prosecutors’ request to reinstate the murder and conspiracy charges against Khadr, because a Combatant Status Review Tribunal (CSRT) had failed to designate Khadr an “unlawful enemy combatant.” In their appeal, prosecutors argue that the dismissal could undermine hundreds of other CSRT determinations. Khadr’s case will be the first brought before the Court of Military Commission Review, the newly established appeals court for the military commissions, the rules of which went into effect on June 27. Meanwhile congressional debate on Guantanamo resumes as Sen. Arlen Specter (R-Penn.) and Sen. Patrick Leahy (D-Vt.) introduced an amendment attached to the 2008 Defense Authorization Bill on Monday that would restore habeas corpus, allowing detainees to challenge their detention in U.S. courts. Other amendments include measures to close the Guantanamo Bay detention facility and to reform the CSRT process. The Senate is expected to vote on the bill by the end of next week. The Bush administration has warned that legislation involving attempts to restrain the President’s authority over detainees will be vetoed. Read more.

ATTORNEY GENERAL KNEW OF FBI VIOLATIONS PRIOR TO RENEWAL OF PATRIOT ACT
Attorney General Alberto Gonzales had received reports detailing abuses of the FBI’s surveillance powers authorized under the USA PATRIOT Act when he testified before the Senate intelligence committee in 2005 and claimed that no civil rights violations had been verified. FBI files publicized recently through the Freedom of Information Act provided accounts of unreported civil liberties violations and concealed mistakes. According to information disclosed Monday, the FBI sent Mr. Gonzales at least six reports detailing legal or procedural violations, including cases of unauthorized surveillance and illegal property searches. While Mr. Gonzales denied seeing the reports, several members of Congress argued a special counsel was needed to further investigate the matter. Congressional members hope to obtain additional information prior to Mr. Gonzales’ testimony before the Senate Judiciary Committee on July 24. Read more.

COURT MARTIAL OF ABU GHRAIB OFFICER MAY GO FORWARD
A military judge ruled on Tuesday the case against the only officer charged in the Abu Ghraib abuse scandal may continue, rejecting defense claims that a senior officer had improperly influenced the case. Lt. Col. Steven Jordan, the former director of the interrogation center at Abu Ghraib, is charged with cruelty and maltreatment of detainees, as well as dereliction of duty, failure to obey a lawful general order, willfully disobeying orders, and making false official and sworn statements. Although military investigations determined senior military officers and civilian officials from the Office of Secretary of Defense bore responsibility for abuses at Abu Ghraib, none has been criminally charged. Col. Stephen R. Henley’s ruling means Jordan’s court-martial will begin on August 20. Also on Tuesday, hearing officer Lt. Col. Paul Ware recommended that the military drop murder charges against Marine Lance Cpl. Justin L. Sharratt for his involvement in three of the 24 deaths of Iraqi civilians at Haditha in 2005. The commanding general of the Marine Forces Central Command, Lt. Gen. James N. Mattis, will review Ware’s recommendation. Read more.

ATTEMPTED BOMBINGS IN UK RENEW DEBATE OVER DETENTION LAWS
Members of Parliament voted Tuesday to renew the nation’s detention law allowing authorities to detain terrorist suspects without charge for up to 28 days. Counter-terrorism officials said the recent foiled terrorist plots in Glasgow and London proved the detention law necessary. While the current 28-day period will remain in effect for the time being, Prime Minister Gordon Brown continues to consider the extension of the detention period and is expected to issue new anti-terror proposals by the end of the year. Detention rules also came under scrutiny this week in Australia, where Dr. Mohammed Haneef, the only man arrested outside of the United Kingdom for his alleged involvement in the failed attacks, has been held without charge since his arrest at the Brisbane International Airport on July 2. The police negotiated Wednesday to hold Dr. Haneef for an additional five days. Dr. Haneef’s detention marks Australia’s first use of its powers under the 2004 Anti-Terrorism Act, which, given periodic approval by a magistrate, allows the government to detain suspects indefinitely. Read more.

JULY 27-28: ACS NATIONAL CONVENTION: TOWARD A JUST FUTURE
On July 27, the American Constitution Society kicks off its fifth annual convention at the Marriott Wardman Park Hotel in Washington, D.C. A variety of speeches, panel discussions and book signings are scheduled throughout the two-day event. Hina Shamsi, Deputy Director and Senior Counsel at Human Rights First will be speaking on a discussion panel entitled “Detainee Treatment Under the Military Commissions Act.” Those planning to attend may register online. More information.

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