Harvey Rishikof is an American lawyer who was the Convening Authority for the Guantanamo military commission in 2017 and early 2018.[1][2][3]
Harvey Rishikof | |
|---|---|
.jpg) Harvey Rishikof in 2017 | |
| Nationality | American |
| Occupation(s) | law professor, government official |
| Known for | Tried to negotiate plea deals with the suspect charged at the Guantanamo military commissions |
Rishikof was the previous[timeframe?] chair of the American Bar Association's Standing Committee on Law and National Security.[4] In 2020 he was a visiting professor at Temple University.[5]
His past positions include:
- dean of the National War College;[4]
- senior policy advisor to the Director of National Counterintelligence, ODNI;[4]
- legal counsel for the deputy director of the Federal Bureau of Investigation;[4]
- dean of Roger Williams University School of Law[4]
Convening authority, Guantanamo
editRishikof and his deputy, Air Force Colonel Gary Brown were dismissed early in 2018.[1]
A former prosecutor, Morris Davis, made a comparison between the Donald Trump Presidency and a sports team firing its coach.[1]
Think about that for a moment. If a professional football team was on its seventh head coach and sixth quarterback in less than a dozen years, that team would almost certainly be a loser.[1]
Richikof and Brown had been negotiating with the suspects' lawyers, offering to take the death penalty off the table, if they agreed to plead guilty, and accept a life sentence.[6][7][8]
Publications
edit- Harvey Rishikof (2008). "Combating Terrorism in the Digital Age: A Clash of Doctrines: The Frontier of Sovereignty - National Security and Citizenship - The Fourth Amendment - Technology and Shifting Legal Borders". Miss. Law Journal. 78: 381. Retrieved 2020-07-27.
- Christopher S. Allen; Harvey Rishikof (Winter 1985). "Tale Thrice Told: A Review of Industrial Policy Proposals". Journal of Policy Analysis and Management. 4 (2): 234–249. doi:10.2307/3324626. JSTOR 3324626.
- CW Nihan; H Rishikof (1993). "Rethinking the Federal Court System: Thinking the Unthinkable". Miss. CL REv. 14: 349. Retrieved 2020-07-27.
- Rishikof, Harvey (1994). "Separateness but Interdependence, Autonomy but Reciprocity: A First Look at Federal Judges' Appearances before Legislative Committees". Mercer Law Review. 46: 667. Retrieved 2020-07-27.
- "Is It Time for a Federal Terrorist Court: Terrorists and Prosecutions: Problems, Paradigms, and Paradoxes". Suffolk J. Trial & App. Advoc. 2003. Retrieved 2020-07-27.
- H Rishikof (2003). "Framing International Rights with a Janusism Edge-Foreign Policy and Class Actions-Legal Institutions as Soft Power". University of Chicago Legal Forum. 1.
- Harvey Rishikof (2004). "When Naked Came the Doctrine of "Self-Defense": What Is the Proper Role of the International Court of Justice in Use of Force Cases?". Yale Journal of International Law. Retrieved 2020-07-27.
- Harvey Rishikof (Summer 2006). "Long Wars of Political Order - Sovereignty and Choice: The Fourth Amendment and the Modern Trilemma". Cornell Journal of Law and Public Policy. 15 (3). Retrieved 2020-07-27.
- Kevin E. Lunday; Harvey Riskikof (2008). "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court". Cal. W. Int'l LJ. Retrieved 2020-07-27.
- William E. Nelson; Harvey Rishikof; I. Scott Messinger; Michael Jo (November 2009). "The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation?" (PDF). Vanderbilt Law Review. 62 (6): 1749–1814. Archived from the original (PDF) on 2010-07-27. Retrieved 2010-09-07.
- Harvey Rishikof; Stewart Abercrombie Baker; Bernard Horowitz (2012). Harvey Rishikof; Stewart Abercrombie Baker; Bernard Horowitz (eds.). Patriots Debate: Contemporary Issues in National Security Law. American Bar Association. ISBN 9781614385905.
- Andrew Borene; Adam Pearlman; Harvey Rishikof (2015). Andrew Borene; Adam Pearlman; Harvey Rishikof (eds.). The U.S. Intelligence Community Law Sourcebook: A Compendium of National Security Related Laws and Policy Documents. American Bar Association. ISBN 9781627224680.
- Roger Z. George; Harvey Rishikof, eds. (2017). The National Security Enterprise: Navigating the Labyrinth. Georgetown University Press. ISBN 9781626164406. Retrieved 2020-07-27.
References
edit- ^ a b c d
Stephen Szrom (2018-03-23). "Summary: Declarations Regarding the Removal of Military Commission Convening Authority Rishikof". Lawfare.
Rishikof and Brown expressed concern about the simultaneous removal of the convening authority and legal adviser. They also objected to the possible simultaneous appointment of two convening authorities as, according to the declaration, the Pentagon appointed the acting convening authority, Jim Coyne, before informing Rishikof of his removal.`
- ^
"Harvey Rishikof: Director of Cybersecurity, Applied Research Laboratory for Intelligence and Security, University of Maryland". University of Pittsburgh, Institute for Cyber Law, Policy, and Security. Retrieved 2020-07-28.
Rishikof was a co-principal on MITRE's Cyber Supply Chain Study for the Defense Industrial Base and is a member of the National Academy of Science's Committee on Encryption: Law Enforcement and Intelligence.
- ^
"Shutdowns and the Law with Harvey Rishikof". American Bar Association National Security Law Today Podcast. 2020-04-02.
Harvey Rishikof is a Visiting Professor at Temple University Beasley School of Law and the Director of Policy and Cyber Security Research at the University of Maryland Applied Research Laboratory For Intelligence and Security, and the Senior Counselor to the ABA Standing Committee on Law and National Security.
- ^ a b c d e "Harvey Rishikof: Bio". American Bar Association. Retrieved 2020-07-27.
- ^ "Harvey Rishikof: Visiting Professor of Law". Temple University. Retrieved 2020-07-27.
- ^
Sacha Pfeiffer (2019-09-11). "Guantánamo Has Cost Billions; Whistleblower Alleges 'Gross' Waste". National Public Radio. Retrieved 2020-07-27.
Retired Air Force Col. Gary Brown also claims that he and the former head of the military court were fired because they were negotiating a controversial cost-saving proposal with defense lawyers: allow Guantánamo prisoners — including Khalid Sheikh Mohammed and his four co-defendants in the Sept. 11, 2001, terrorist attacks — to plead guilty in exchange for life in prison rather than face the death penalty. Such plea deals, Brown says, 'would stop wasting resources.'
- ^
Josh Gerstein (2018-03-22). "Mattis: Aerial photo request triggered firing of Gitmo tribunal overseer". Politico. Retrieved 2020-07-27.
Rishikof and Brown said in a declaration filed with a military judge earlier this week that they were not advised of any concerns about their performance before they were abruptly fired last month.
- ^
Carol Rosenberg (2018-05-28). "Former Navy Judge Named to Oversee Guantánamo Military Court". The New York Times. Washington, DC. p. A6. Retrieved 2020-07-27.
Mr. Rishikof and his legal adviser, Gary Brown, said in a joint affidavit that they had not been warned in advance that senior Pentagon officials were unhappy with their performances but were aware that they had made some unpopular and controversial decisions, including discussing guilty pleas in the two capital cases in exchange for life in prison rather than execution.