That hadnt existed before. In the end, ultimately, you say this doesnt count. This doesnt is that because ultimately it hasnt changed International Law . I think there was a moment when a grotian moment could have formed. And it would have been if we were more careful in trying to define the owls we were trying to promote. Truman was very careful in trying to define very narrow rules. Bush was not so. So basically the theory he could have had that i think would have worked, and it may still be the theory down the line, is an analogy to the laws of neutrality. In a formal manner . Gave a speech in 2010 at the American Society of International Law were he propounded the very near greuel that we are designed to give countries a lot of comfort. The problem was that when we were not actually obeying by those rules. Only use the predators not drawn as a last resort distinguish between the terrorists and the civilians minimize any collateral damage, the family members are other people. And th
Good afternoon. Were now going to start the first afternoon session. And the topic, again, is theirst foreign Intelligence Surveillance court. Were pleased to have as witnesses james baker whoshave formerly with the department of Justice Office of intelligence and policy review, judge james carr, whos senior federal judge with the United States District Court of the Northern District of ohio and formerly a judge from 20022008 and marc civillingier zwillinger who is a former doj attorney in the crime and intellectual property section. Rt i understand that each of you have brief prepared remark, so please go ahead, and afterwards we will have, as we did on the last panel be, rounds of questioning, five minutes, thisa time for each of the board members. But please go ahead. Id like to thank the board for inviting me back. Its truly an honor to be here, and its an honor to be able ton discuss these cieps of issues ie this type of setting, so ith appreciate the opportunity. I justes have a
The city club, and im very delighted to be here today with professor michael similar. Michael is the acting dean of the law school, hes the Baker Hostettler professor of law, a leader in the practice and study of International Criminal law and the host of the Public Radio Program talking foreign policy, all of which is wonderful, but were actually here to talk about something else, his new book. It is called customary International Law in times of fundamental change recognizing grotian moments. Wow. Wow. Which sounds like a mouthful of academic jargon, but what its really about is how certain moments in history create the kinds of conditions for new laws to emerge as a force for good on a planetary scale which is certainly relevant today. Michael, great to see you. And, dan, do you want to mention who you are . I did, i did. Okay. Im going to assume that im not the only lawyer in the audience, here in the room or watching on cspan. So can we start with a couple of terms, customary Inte
Awesome privilege and responsibility of sustaining the great experiment of democratic selfgovernment. May they be reminded always of who they are. May they be open to your inspiration, that they might overcome the temptation to work through the issues of this day on their own strength and cleverness. Grant them wisdom, insight, and vision, that the work they do will be for the betterment of our nation during a time of struggle for so many millions of americans. May they earn the trust and respect of those they represent, whether or not they had earned their vote, and make history that expands the great legacy of so many who have served in this chamber before now a legacy of noble service, sometimes political risk, but always great leadership. May all that is done this day be for your greater honor and glory. Amen. The president pro tempore please join me in reciting the pledge of allegiance to our flag. I pledge allegiance to the flag of the United States of america and to the republic
Oversight in the process. Next, a portion of that meeting with one of the former judges. We will hear from officials who previously served at the Justice Department. This is a little over an hour and 10 minutes. We are pleased to have james baker, who was formerly with the , judgeent of justice. Arr from the district of ohio mark sillinger, a former doj attorney at the computer crime and electrical property section. These make your remarks and then afterwards we will have five minutes for each of the board members. Thank you very much. I would like to thank the board for inviting me back. It is an honor to be here and an honor to be able to discuss these kinds of issues in this type of setting. I appreciate the opportunity. I have just a couple of quick comments. The focus of our discussion is on 702 of the fisa Amendment Act and 215 of the patriot act. While these are very important statutorily authorized and judicial he reviewed surveillance programs involving the collections and com