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.

SENATE COMMITTEE DEMOCRATS DEMAND MUKASEY'S VIEWS ON WATERBOARDING
The ten Democrats on the Senate Judiciary Committee sent a letter to attorney general nominee Judge Michael Mukasey on Tuesday, October 23, asking him to clarify his position on the legality of a simulated drowning technique known as waterboarding. During confirmation hearings last week, Judge Mukasey declined to state whether waterboarding constituted torture, claiming he did not know "what is involved in the technique." In their letter, the committee's Democrats pointed out that senior military officers and lawmakers have frequently denounced waterboarding as torture. They further stated that Judge Mukasey's "unwillingness to state that waterboarding is illegal may place Americans at risk of being subject to this abusive technique." Along with several other committee members, Chairman Sen. Patrick J. Leahy (D-Vt.) has said his vote will hinge on Judge Mukasey's stance on waterboarding. He has also refused to set a date for the vote until Judge Mukasey responds to the committee's questions. Various human rights organizations, including Human Rights First, sent a joint letter on Tuesday asking Senators to delay a vote on Judge Mukasey's nomination until he denounces waterboarding as torture and clearly states that the President cannot authorize illegal interrogation methods. Read more.

RICE APPROVES CLOSER SUPERVISION OF PRIVATE CONTRACTORS
On Wednesday, October 24, Secretary of State Condoleezza Rice approved several measures to improve oversight of private contractors in Iraq, including stricter rules on the use of force, more specific rules of engagement, and increased coordination with the military. Ms. Rice acted in response to the recommendations of a State Department panel she appointed following the September 16 shooting of Iraqi civilians by Blackwater guards. The State Department's chief of diplomatic security, Richard Griffin, resigned the day after the panel reported its findings, which criticized the department's insufficient oversight and failure to establish a system of accountability. Earlier this month, Ms. Rice ordered Blackwater USA to install cameras on its convoys in Baghdad and said Blackwater employees should be accompanied by diplomatic agents on every mission. At a congressional hearing on Thursday, October 24, Ms. Rice acknowledged a "hole" in U.S. law that prevents prosecution of private military contractors who commit crimes in Iraq, but she expressed reservations about proposals to place private contractors under the military justice system. Read more.

TERROR-FINANCING CASE ENDS IN MISTRIAL
The largest terror-financing trial since the September 11 attacks ended on Monday, October 22, with a mistrial on nearly all of the 197 counts. The case involved the Holy Land Foundation for Relief and Development, once the largest Muslim charity in the U.S. The charity was shut down and its assets were frozen in December 2001 under accusations that the organization had helped to finance Hamas. During the trial, however, federal prosecutors did not offer any evidence that the foundation had funded Hamas. Rather, the government alleged that the Foundation and its leaders had sent $2 million to Palestinian charities and schools, which it claimed were fronts for or were associated with Hamas. The jury acquitted a leader of the Foundation on all but one count, and it failed to reach an agreement on any of the other charges in the case. One juror blamed the outcome primarily on a lack of evidence, stating that prosecutors had relied heavily on the events of September 11 and other issues that did not involve the charity. Prosecutor James Jacks has stated that the government will likely retry the case. Read more.

RICE ADMITS U.S. MISTAKE IN RENDITION CASE
At a congressional hearing on Wednesday, October 24, Secretary of State Condoleezza Rice acknowledged that the U.S. had mishandled the case of Maher Arar, a Syrian-born Canadian citizen who was detained and rendered to Syria. In September 2002, U.S. immigration officials apprehended Mr. Arar in a New York airport and sent him to Syria several days later by private jet. Mr. Arar was held in a Syrian prison for a year without charge, where he alleges he was repeatedly tortured until he finally admitted to attending a terrorist training camp in Afghanistan. When asked whether the U.S. government had requested assurances from the Syrian government that Mr. Arar would not face torture, Ms. Rice claimed she could not provide an immediate response and stated that her memory "has faded a bit." A Canadian investigation into the case concluded that the Canadian government had mistakenly identified Mr. Arar as an Islamic fundamentalist and had passed this information on to U.S. authorities. The Canadian government apologized to Mr. Arar and offered him almost $10 million in compensation. In a joint hearing of House subcommittees on October 18, members of Congress apologized to Mr. Arar on behalf of the U.S. government. President Bush, however, has not issued an apology, and Mr. Arar's name remains on a terrorist watch list that prevents his entry into the U.S. Read more.

OCTOBER 30: WAR ON TERROR DISCUSSION
The Human Rights Institute and the Center for National Security and the Law at Georgetown University will present a discussion in honor of the release of "Less Safe, Less Free: Why America is Losing the War on Terror," by Professor David Cole and Jules Lobel. The discussion will begin at 3:45 p.m. in McDonough Hall, Hart Auditorium, 600 New Jersey Avenue, N.W. Washington, D.C. More information.

OCTOBER 31: BRIEFING ON HUMAN RIGHTS AND THE FIGHT AGAINST TERRORISM
The American Society of International Law (ASIL) will host a discussion entitled "Protecting Human Rights and Countering Terrorism" with Mr. Martin Scheinin, the U.N. Special Rapporteur on the promotion and protection of human rights while countering terrorism. The briefing will begin at 12:30 p.m. at The American Society of International Law, 2223 Massachusetts Avenue, Washington, DC. More information.

NOVEMBER 1: DISCUSSION ON WORST CASE SCENARIOS
The Center on Law and Security at New York University School of Law with the Office of the Vice Dean at NYU School of Law will host an open forum with Professor Cass Sunstein, author of the new book entitled Worst Case Scenarios. Professor Sunstein will focus on possible reactions to terrorism and climate change. The event begins at 6:00 p.m. in Lipton Hall, 108 W. 3rd Street, New York, NY. More information.

NOVEMBER 9-11: NATIONAL ASSOCIATION OF MUSLIM LAWYERS (NAML) ANNUAL CONFERENCE
The NAML will host its annual conference, entitled "Protecting America's Promise." Kevin Lanigan, Director of the Law & Security Program at Human Rights First, will speak on a panel discussing the impact and legality of U.S. counterterrorism policies overseas. The three-day conference will begin on Friday, November 9, at 5:30 p.m. at the Marriott at San Francisco Airport, Burlingame, CA. More information.

NOVEMBER 14: CONFERENCE ON PRIVACY AND NATIONAL SECURITY
The Center on Law and Security at New York University School of Law will host a conference entitled "Privacy in the Age of National Security." The all-day event will begin at 9:15 a.m. in Greenberg Lounge, Vanderbilt Hall, 40 Washington Square South, New York, NY. More information.

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