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Daphne Eviatar
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As Senior Counsel in Human Rights First’s Law and Security Program, Daphne Eviatar investigates and reports on U.S. national security policies and practices and their human rights implications.

Daphne is a lawyer and award-winning journalist who has written widely about law, human rights and economic development. A former legal correspondent for The Washington Independent, her work has appeared in The New York Times, The Washington Post, Salon, Politico and many others. She’s been interviewed widely on radio and television, including on The Rachel Maddow Show and public radio stations across the country.

Daphne was a 2005 Alicia Patterson Foundation fellow, a 2003 Pew International Journalism fellow at Johns Hopkins University’s School for Advanced International Studies, and has taught law and journalism at New York Law School.

Daphne is a graduate of Columbia University’s Graduate School of Journalism, New York University School of Law and Dartmouth College.

Entries by Daphne Eviatar

Is 'Terrorism' a War Crime Triable by Military Commission? Who Knows?

(1) Comments | Posted June 13, 2013 | 12:35 PM

Thirteen years after the USS Cole was bombed by an approaching vessel in the Yemen port of Aden, a military commission in Guantanamo Bay is trying to figure out if the act constituted "terrorism" and if "terrorism" is a crime that can be charged in a military commission....

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Does the Accused USS Cole Bomber Have a Right to Hear Evidence of his Own Torture?

(5) Comments | Posted June 12, 2013 | 1:05 PM

Does an accused man have the right to hear classified evidence he already knows, when it's directly relevant to whether he'll be put to death?

Not in a U.S. military commission, according to the government. Prosecutors argued Wednesday that Guantanamo detainee Abd al Rahim al-Nashiri,

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Alleged Cole Bombing Mastermind Scheduled to Appear in Court -- 13 Years Later

(1) Comments | Posted June 10, 2013 | 3:09 PM

Back in 2000, nearly a year before al Qaeda became a declared U.S. enemy and household word, a Navy guided-missile destroyer called the U.S.S. Cole was bombed while refueling in the Yemen port of Aden. Seventeen U.S. sailors were killed and 39 injured. Al Qaeda claimed responsibility.

Thirteen years...

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Who's the US Killing in Pakistan? Even the CIA Doesn't Know

(17) Comments | Posted June 6, 2013 | 12:01 PM

The CIA didn't know who it was killing about 25 percent of the time it targeted suspects with drones, NBC News reports. Still, the government insists, all of those unknown people definitely deserved to die. According to classified CIA documents, only one of about 600 people the CIA...

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Terror Suspect Begs to Be Sent to Guantanamo to be Tried as "A Warrior"

(7) Comments | Posted May 9, 2013 | 9:19 AM

It was late last Friday afternoon when Ibrahim Suleiman Adnan Adam Harun, also known as "Spin Ghul", was led into an imposing federal courtroom in Brooklyn for his first public court appearance. A slight 43-year-old Nigerian man, he was seated across from his assigned lawyer.

As Judge Edward Korman...

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Will Senate Hearing Finally Yield Answers on the Drone War?

(28) Comments | Posted April 22, 2013 | 5:01 PM

On Tuesday afternoon, Senator Dick Durbin will chair a long-awaited Congressional hearing on the Obama drone war.

Although we've heard plenty of speeches in the past couple of years from Obama administration officials acknowledging that the United States uses armed drones to bomb suspected terrorists overseas, we've received...

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After Years of Broken Promises, Time for Leadership on Guantanamo

(0) Comments | Posted April 10, 2013 | 3:54 PM

More than 11 years after Shaker Aamer was first seized from Afghanistan and imprisoned at Guantanamo Bay, the now 47-year-old lawful British resident remains stuck in the U.S. prison. He's never been charged with a crime. He's never met his 11-year-old son.

In fact, Aamer has twice been...

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US Detention at Bagram: It's Not Over Till It's Over

(3) Comments | Posted March 25, 2013 | 2:08 PM

Once again, this time timed with Secretary of State John Kerry's unannounced visit, the United States has officially handed over the keys to the Bagram detention center to the Afghans. Only just as with the previous agreement to do exactly the same thing, the U.S. military will actually not be...

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What Eric Holder Should Say About Drones Tomorrow

(15) Comments | Posted March 5, 2013 | 11:55 AM

"In the months ahead, I will continue to engage with Congress to ensure not only that our targeting, detention and prosecution of terrorists remains consistent with our laws and system of checks and balances, but that our efforts are even more transparent to the American people and to the world."...

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9/11 Hearings Continue to Disappoint

(3) Comments | Posted February 15, 2013 | 2:34 PM

If observers hoped that the parade of officers testifying in the 9/11 hearings this past week was going to redeem the Guantanamo military commissions, they were sorely disappointed.

Pre-trial hearings in the case of the five alleged plotters of the Sept. 11, 2001, terrorist attacks continued at Guantanamo Bay from...

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Senior Gitmo Commander Didn't Know of Secret Surveillance Capabilities Under His Command

(4) Comments | Posted February 13, 2013 | 3:42 PM

Questions about monitoring of privileged attorney-client communications continued to swirl around the pre-trial hearings taking place at Guantanamo Bay on Wednesday.

Whether government officials have eavesdropped on privileged attorney-client communications as defense lawyers prepared their case for trial has dominated the last few days of hearings in...

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Testimony Confirms Microphones in 9/11 Courtroom Could Capture Confidential Conversations

(1) Comments | Posted February 12, 2013 | 11:15 AM

Testimony from the special 9/11 courtroom at Guantanamo Bay this morning confirmed what defense lawyers have been complaining about for weeks now: The 32 microphones in the courtroom are sensitive enough to pick up lawyers' conversations with their clients or co-counsel, even if they've muted their own mics....

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Lawyers Say Gitmo Audio Feed Can Capture Confidential Attorney-Client Communications

(2) Comments | Posted February 11, 2013 | 9:37 AM

The problems of holding the trial of the alleged masterminds of the September 11, 2001 terrorist attacks at Guantanamo Bay in Cuba were on stark display again at Monday's hearing, as defense lawyers argued the proceedings should be delayed once again so they can determine who may be...

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9/11 Military Commission: More Tragedy Than Farce

(40) Comments | Posted February 1, 2013 | 5:11 PM

It would almost be funny if it weren't so sad. Four days of military commission hearings at Guantanamo Bay this past week yielded little more than confusion about the law and heightened suspicion of the U.S. government. Any steps toward bringing to justice the five co-defendants accused of the murder...

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Defense Seeks Suspension of 9/11 Hearings Due to Fears of Government Eavesdropping

(1) Comments | Posted January 31, 2013 | 10:43 AM

Khalid Sheikh Mohammed's lawyer on Thursday morning asked the military commission judge presiding over the trial of the five accused masterminds of the September 11, 2001 terrorist attacks to halt all court proceedings until the court could determine who might be listening in on defense lawyers' conversations.

"Until this...

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Defense Lawyers Want Access to Secret Gitmo Prison Camp

(0) Comments | Posted January 29, 2013 | 12:56 PM

Should defense lawyers in the September 11 terrorism case be allowed to visit the secret camp where their clients are imprisoned at Guantanamo Bay? And if so, how much access to the prison is enough?

Late Tuesday morning defense lawyers at the Guantanamo military commission hearing the 9/11 case insisted...

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Not Only Does 9/11 Trial Have a Censor, But No One Can Know Who It Is (UPDATED)

(33) Comments | Posted January 29, 2013 | 10:10 AM

A military commission judge's attempt to explain Tuesday morning why the 9/11 pre-trial hearing being held at Guantanamo Bay was briefly blacked out from observers on Monday has only caused more confusion.

Beginning the hearing of the five alleged September 11 co-conspirators, Judge James Pohl said a "security...

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Secrecy Continues to Dominate 9/11 Hearings

(3) Comments | Posted January 28, 2013 | 2:12 PM

It was another chaotic day at the Guantanamo military commissions.

When Khalid Sheikh Mohammed's lawyer started talking this afternoon about his request for information pertaining to his client's case, someone -- it's not clear who -- hit the censor button. The audio feed turned to static. About a minute later,...

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Top 5 Reasons to Preserve the CIA Black Sites

(77) Comments | Posted January 25, 2013 | 3:11 PM

Khalid Sheikh Mohammed and his four co-conspirators have asked the government to preserve the notorious "black sites" where U.S. agents tortured detainees after the September 11, 2001 terrorist attacks. Their lawyers will argue in hearings at Guantanamo Bay next week that this evidence is critical to their ability...

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Military Commission Won't Say Whether US Constitution Applies to 9/11 Case (Updated)

(16) Comments | Posted January 15, 2013 | 4:36 PM

The judge presiding over the trial of the five co-defendants accused of masterminding the September 11, 2001 terrorist attacks has said he won't decide whether the U.S. Constitution applies to the case. The opinion, which was originally withheld from the public, is now available here.

Defense lawyers had...

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