Known and Unknown_ A Memoir - Donald Rumsfeld [429]
4. Francis Biddle, In Brief Authority (Garden City, NY: Doubleday, 1962), p. 330.
5. Editorial, “A Travesty of Justice,” New York Times, November 16, 2001; Senate Judiciary Committee, opening statement of Senator Patrick Leahy, “DOJ Oversight: Preserving Our Freedoms While Defending Against Terrorism,” November 28, 2001.
6. William Safire, “Kangaroo Courts,” New York Times, November 26, 2001.
7. Department of Defense Military Commission Order No. 1, March 21, 2002.
8. Editorial, “Refining Military Tribunals,” New York Times, March 22, 2002.
9. William Safire, “Military Tribunals Modified,” New York Times, March 21, 2002.
10. Hamdan v. Rumsfeld, 548 U.S. 557 (2006).
11. Ex parte Quirin, 317 U.S. 1 (1942).
12. Ex parte Quirin, 317 U.S. 1, 35 (1942).
13. Johnson v. Eisentrager, 339 U.S. 763 (1950).
14. Hamdan v. Rumsfeld, 548 U.S. 557 (2006).
15. International Committee of the Red Cross (ICRC), “Convention (III) Relative to the Treatment of Prisoners of War,” Article 3, Geneva, August 12, 1949.
16. Department of Defense Directive 2310.01E, “The Department of Defense Detainee Program,” September 5, 2006.
17. Rumsfeld to Cambone, “Finalization of New Army Field Manual,” December 19, 2005.
18. Boumediene v. Bush, 553 U.S. 723, 811 (2008) (Roberts, C. J., dissenting).
19. Johnson v. Eisentrager, 339 U.S., 763, 779 (1950).
20. David Rivkin and Lee Casey, “Lawfare,” Wall Street Journal, February 23, 2007; Charles J. Dunlap, Jr., “Lawfare: A Decisive Element of 21st-Century conflicts?” Joint Forces Quarterly, issue 54, 3rd quarter, 2009.
21. James Ridgeway with Ariston-Lizabeth Anderson and Sandra Bisin, “Manhattan’s Milosevic: How You Can Do What the Government Won’t: Arrest Henry Kissinger,”Village Voice, August 15, 2001.
22. “US Warned on Deadly Drone Attacks,” BBC News, October 28, 2009.
23. Ian Black and Ewen MacAskill, “US Threatens Nato Boycott Over Belgian War Crimes Law,” The Guardian, June 13, 2003.
24. Rumsfeld to Cheney et al., “Judicialization of International Politics,” April 9, 2003.
CHAPTER 41 The Road Not Traveled
1. Rumsfeld to Hadley, “Deputies’ Committee Meeting,” January 6, 2005.
2. Jack Goldsmith, The Terror Presidency: Law and Judgment Inside the Bush Administration (New York: W. W. Norton, 2007), pp. 206–10.
3. Alexander Hamilton, “The Federalist No. 70: The Executive Department Further Considered,” Independent Journal, March 15, 1788.
4. William J. Haynes II, “Lewis F. Powell Lecture,” American College of Trial Lawyers, Tucson, Arizona, March 8, 2008.
5. Rumsfeld to Bush et al., [No Subject], September 19, 2001.
6. Rumsfeld to Haynes, cc: England, “Idea for Congressional Involvement,” March 30, 2005.
7. Andrew C. McCarthy, “A Quick Way Forward After Boumediene,” National Review Online, June 16, 2008.
PART THIRTEEN Pulling On Our Boots:
Challenges and Controversies Beyond the War Zones
1. Elizabeth Becker, “Congress Passes Antimissile Defense Policy,” New York Times, May 21, 1999.
2. Department of Defense news release, “Missile Intercept Test Successful,” October 14, 2002.
CHAPTER 42 Katrina and the Challenge of New Institutions
1. Office of Assistant Secretary of Defense for Homeland Defense, “Hurricane Katrina Interim Timeline (August-September 2005),” October 17, 2005.
2. Rumsfeld to Myers, “USG’s Ability to Deal with Catastrophic Events—Natural orTerrorist,” September 20, 2005.
3. OSD Policy, “Gaps and Seams in Protecting the US Homeland,” August 11, 2005.
4. Rumsfeld, “Homeland Defense,” May 25, 2004.
5. Active-Duty Unit Timeline, September 3, 2005.
6. Joint Hearing of the House Subcommittee on Emergency Preparedness, Science, and Technology of the Committee on Homeland Security and the Subcommittee on Terrorism, Unconventional Threats, and Capabilities of the Armed Services Committee, “Military and National Guard Roles in Disaster Response,” statement of Paul McHale, Assistant Secretary of Defense for Homeland Defense, 109th Cong., 1st sess., November 9, 2005.
7. Rumsfeld to Bush et al., “Daily Update on Department of Defense KATRINA