Today’s Headlines and Commentary

Lawyers for the accused in the September 11 case want George Bush and Barack Obama to testify, according to the Associated Press. In addition to the current and former president, Joe Biden, Eric Holder, and Lindsey Graham are among the others who have allegedly “exerted. . . unlawful influence over the case with prejudicial statements such as repeatedly referring to the defendants [as] terrorists.” The Miami Herald also has the story. And see the motion for yourself here--just public now after a security review.

Politico reports that U.S. District Court Judge John Bates has ordered the Department of Defense to turn over three videos showing Guantanamo Bay detainees “being forced out of their cells” as part of a FOIA lawsuit. Read the opinion.

Guess who’s hacking Al Qaeda? Not the State Department, as Ben (with much help from two excellent Lawfare readers) explained this morning. The Washington Post has the story too with a long correction that reads as follows:

This is a corrected version of an article that mischaracterized the nature of a State Department campaign to counter al-Qaeda propaganda. A previous version incorrectly said that cyber experts had hacked into al-Qaeda sites to substitute the group’s advertisements with alternatives. U.S. officials did post the alternative versions on the sites, but they did not engage in “hacking,” a term that generally refers to gaining access to a site or server without authorization in order to alter or steal content.

Senator Jim Webb (D-VA) is taking on executive war powers, says CNN. Sens Webb and Mike Lee (R-UT) have introduced legislation requiring congressional approval of any U.S. military operations within 48 hours. Lots of luck!

Reuters and Courthouse News reports that federal prosecutor Patrick Fitzgerald is bidding his position goodbye. He has handled CIA leaks, the prosecutions of David Headley, Tahawwur Rana, and Scooter Libby and—in his previous position—the prosecutions of those involved in the 1993 World Trade Center bombing and the bombings of the U.S embassies in Kenya and Tanzania.

The Senate Select Committee on Intelligence has voted to extend a provision of the FISA Amendments Act, says the Post.

The French woman who offloaded an entire planeful of people because she claimed to have a surgically implanted device will not be charged, says the BBC.

And guess who has an entry—complete with publications and awards—in the Harvard 1962 Alumni Report? Hint: His awards listing reads: “Eight life sentences, issued by the United States District Court for the Eastern District of California.” Read the rest in today’s Moment of Zen.