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Paul Merrell

Judge sticks by decision to release Guantánamo force-feeding videos | Miami H... - 0 views

  • With some sharp words for the Obama administration, a federal judge on Tuesday declined to second-guess her earlier decision ordering the release of videos of a Guantánamo detainee being force-fed. While acknowledging that more appeals are on the way in the long-running case, U.S. District Judge Gladys Kessler said in her nine-page decision that nothing has happened to change her mind about the videos. She first ordered their release in October 2014.
  • “What the government is really saying is that its classification system trumps the decisions of the federal courts as to the public’s access to official court records,” Kessler wrote. “In other words, the Executive Branch (in this case, the military) purports to be a law unto itself.” 11 hours: the prison camp videos the judge ordered redacted then released, a year ago Kessler added that “the government’s justifications for barring the American public from seeing the videotapes are not sufficiently rational and plausible to justify barring release of the videotapes.” Sixteen media organizations, including the New York Times, Associated Press and McClatchy, have joined in seeking release of the Guantánamo tapes to the public on First Amendment grounds.
Paul Merrell

Senior Defense Dept. officials decry Guantánamo judge's female guard ban | Mi... - 0 views

  • The Pentagon’s top two leaders on Tuesday decried as “outrageous” an Army judge’s nine-month-old ban on female guards touching the five alleged 9/11 conspirators as they move them to and from court and legal meetings.Secretary of Defense Ash Carter and Gen. Joseph Dunford Jr., chairman of the joint chiefs of staff, criticized the ban in response to a question from New Hampshire Sen. Kelly Ayotte during a Senate Armed Services Committee hearing in Washington, D.C. Ayotte and two other GOP senators visited the prison Friday, and said they met with female guards upset by the restriction.
  • “I think it is counter to the way we treat service members, including women service members, and outrage is a very good word for it,” Carter said, incorrectly attributing the ban to a federal judge — not the chief of the war court judiciary, Army Col. James L. Pohl.The five alleged Sept. 11 plotters complained through their lawyers last year that Islamic and traditional doctrine require they have no physical contact with women other than family members. They claimed that, until a year ago, prison commanders had provided the religious accommodation of not being touched by female soldiers.
  • Pentagon-paid U.S. defense attorneys got Pohl to issue an emergency, temporary restraining order against the use of female guards in January, pending testimony and legal arguments on the subject.As it happens, Pohl has listed the ban on this week’s docket for pretrial hearings in the case of the five men facing a joint death-penalty trial as the alleged plotters of the Sept. 11, 2001, terror attacks. Whether it would actually be heard, however, was unclear because the majority of the current session’s 40-item agenda has been sidelined by one alleged plotter’s interest in functioning as his own defense attorney.
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  • A military lawyer for the alleged plot mastermind, Khalid Sheik Mohammed, said the remarks were troubling in light of the Senate Torture Report showing the CIA’s enhanced interrogation techniques included sexual humiliation.“These men have been subjected by the U.S. government to documented, systematic sexualized attack on their Islamic identity,” Marine Maj. Derek Poteet, Mohammed’s detailed military counsel, told the Miami Herald. “So forced touching by guards of the opposite sex is extremely inappropriate.” Poteet also called it “also extraordinarily inappropriate for these respected military and civilian leaders to inject themselves into the matters that are currently in litigation in a military commission by a military judge, raising the specter of unlawful command influence.”
  • Since the Pentagon opened the war-on-terror prison camps here in 2002, female guards routinely escorted most of the prisoners to and from appointments, classes, everything but showers. But the 9/11 defendants got here in 2006, and are segregated in the secret Camp 7 since their transfer from CIA black sites, where they were subjected to sexual humiliation.
  • Later, at a press conference, she characterized the ban as a manipulation of the U.S. legal system by “the worst of the worst.”“As the women guards at Guantánamo told us, they just want to do their jobs,” she said. “And they can’t believe that we are allowing terrorists who murdered almost 3,000 people to dictate how U.S. service members do their jobs — simply because they are women.”
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    Senator Ayotte: "And they can't believe that we are allowing terrorists who murdered almost 3,000 people to dictate how U.S. service members do their jobs - simply because they are women." Hey, Senator, did you ever hear of the presumption of innocence? These guys haven't been tried and convicted. Given that they are not Israeli, I'd say they stand a fair chance of acquittal.
Paul Merrell

Secret program at secret Guantánamo prison hears everything | Miami Herald - 0 views

  • A secret Defense Department program provides unfettered eavesdropping on the accused terrorists imprisoned at Guantánamo’s clandestine Camp 7 lockup, recently released war court documents show.Army Col. James L. Pohl, the judge in 9/11 trial, discovered the existence of the secret surveillance program during a recent war court hearing. Little is publicly known about the program, not even its unclassified two-word nickname.
  • The disclosure of pervasive eavesdropping at Guantánamo’s lockup for 14 former CIA prisoners comes in before-and-after documents released by the court from the recent Oct. 19-30 pretrial hearings in the death-penalty case of five men accused of orchestrating the hijackings that killed nearly 3,000 people on Sept. 11, 2001.At issue was accused 9/11 plotter Walid bin Attash’s request for guidance on how he could function as his own attorney. Bin Attash is a Yemeni in his mid-30s who is accused of training some of the hijackers. “You must assume anything you say in Camp 7 is not confidential and will be disclosed to the U.S. Government,” warns an Oct. 23 draft of the advisory, crafted after the judge was informed of the covert program. “Only when you are in Echo 2 will anything you say be covered by the attorney-client privilege.”An Oct. 20 draft of the advisory omits those lines.
  • This is not the first time in the proceedings that a surveillance program caught Pohl by surprise. In January 2013, he ordered the CIA to unplug a button that allowed an unseen observer to cut the court’s audio feed to the public. Perhaps ironically, the lone site the judge considers safe for consultative trial preparation — the Camp Echo compound of wooden huts, each containing a cell — at one time had covert recording devices that looked like smoke detectors. The judge ordered them disabled in February 2013.Attorney Dror Ladin of the American Civil Liberties Union, who was an observer at the Guantánamo hearings last month, said the apparent disclosure of “pervasive surveillance at Camp 7” is the latest issue to challenge the possibility of a fair trial.“It is shocking that for years neither defense counsel nor the judge were made aware that the government was capturing everything said aloud by the detainees there,” he said Thursday. It also adds to mounting questions of “how these military commissions can produce a fair result,” said Ladin, especially if one of the men represents himself. “These are detainees who really can’t see the evidence against them and simultaneously have been provided no rehabilitation services for the torture they suffered for years. It would be astonishing if any of them could craft a fair defense for capital charges.”
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  • A defense attorney in another case said the prosecution wants to use a surreptitiously recorded conversation between two Camp 7 captives against an alleged al-Qaida commander. And in 2012 the journalist Daniel Klaidman wrote in his book “Kill or Capture” that the U.S. government had recordings made in a Guantánamo prison recreation yard of the alleged Sept. 11 mastermind Khalid Sheik Mohammed talking about evidence that could be used against him.The latest disclosure comes at a time of decreasing transparency at the war court.On Oct. 29, the judge held a 13-minute secret session without advanced notice to the public. A day later the judge wrote in a three-page ruling that he closed the court at the request of “the Government” — war-court-speak for the prosecution — to protect state secrets whose disclosure “could result in grave danger to national security.”Pohl also ordered the court to issue a censored transcript of the parts the excluded public and accused would be allowed to see. No transcript has been released.Then the next day, Oct. 30, the judge held a daylong, open hearing on a restraining order he issued forbidding female guards from touching the 9/11 accused when they are being taken to court or legal meetings. The judge’s order has outraged members of Congress and the Pentagon brass.
  • In that public court hearing, soldiers called as witnesses from the prison discussed staffing patterns at Camp 7. Normally the Pentagon releases transcripts of open hearings the same day. Unusually, the court has not yet released the Oct. 30 transcript. A Pentagon spokesman suggested Thursday — 13 days after the open court hearing — that somebody was scrubbing the transcript of information already made public. “The security review of the Oct. 30 transcript remains ongoing,” said Navy Cmdr. Gary Ross. “We will provide an update once additional information becomes available.”Much of the October session focused on bin Attash’s question about how he’d act as his own lawyer in a system that does not let the accused terrorist see classified information in the case. The judge and attorneys devoted days to designing a script Pohl would read to any accused 9/11 terrorist who tries to take charge of his defense — and spent a full afternoon huddling in a closed meeting on the secret program.
  • In it, Pohl made clear that he never intended to let bin Attash dismiss his Pentagon-paid defense attorneys — Chicago criminal defense attorney Cheryl Bormann and Air Force Maj. Michael Schwartz. Instead, the script shows Pohl planned to appoint Bormann and Schwartz as “standby counsel” the judge could activate to carry out cross-examination of certain witnesses who might have “particular sensitivities” to being questioned by the alleged terrorist.“If you are represented by lawyers, then it is the lawyers, and not you, who will conduct the defense,” the warning says. “Correspondingly, if you represent yourself, you will be able to perform the lawyer’s core functions, but you will not necessarily be allowed to direct special appearances by counsel when it is convenient to you.”The language suggests a far more limited role by the American lawyers than those carried out in an aborted attempt to hold the Sept. 11 trial during the Bush administration. In those proceedings, alleged 9/11 terrorists serving as their own lawyer regularly had standby counsel write and argue motions in court.The script also envisions a scenario in which an accused 9/11 plotter serving as his own lawyer becomes unruly, disruptive or disobedient rather than respect “the dignity of the courtroom.” In such a case, the judge said he could deal with “obstructionist misconduct” by putting “physical restraints” on bin Attash or ejecting him from the court.Bin Attash, for his part, has not been noticeably disruptive across years of pretrial proceedings. An amputee, he was brought to his May 5, 2012 arraignment in a Guantánamo prison restraint chair routinely used for forced-feeding of hunger strikers — with guards carrying his prosthetic leg separately.
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    It's long past time to recognize that the military cannot provide a fair trial for GITMOI detainees, transfer them to the U.S., and try them in a civilian Article II court. If this kind of crap were going down before an Article II judge, those conducting the surveillance would be sitting in jail. 
Paul Merrell

Putin's Revenge? The Fight for the Border - 0 views

  • “We have received additional information confirming that the oil controlled by Islamic State militants (ISIS) enters Turkish territory on an industrial scale. We have every reason to believe that the decision to down our plane was guided by a desire to ensure the security of this oil’s delivery routes to ports where they are shipped in tankers.” –Russian President Vladimir Putin, Paris, 11-30-15
  • In candid remarks to the Russian media, Putin implicated the US in the downing of the Su-24 stating that the US military was briefed on the warplane’s flight path and then immediately passed along that information to Turkey. Here’s what he said: “We told our US partners in advance where, when at what altitudes our pilots were going to operate. The US-led coalition, which includes Turkey, was aware of the time and place where our planes would operate. And this is exactly where and when we were attacked. Why did we share this information with the Americans? Either they don’t control their allies, or they just pass this information left and right without realizing what the consequences of such actions might be. We will have to have a serious talk with our US partners.” Putin’s damning remarks have not appeared in any of the western media. The censorship of this information is similar to the blackout of comments Putin made just two weeks earlier at the G-20 summit where he announced that “40 countries” are financing ISIS including members of the G-20.
  • Here’s an except of Putin’s bombshell announcement: “I provided examples based on our data on the financing of different Islamic State units by private individuals. This money, as we have established, comes from 40 countries and, there are some of the G20 members among them,” Putin told the journalists. “I’ve shown our colleagues photos taken from space and from aircraft which clearly demonstrate the scale of the illegal trade in oil and petroleum products. The motorcade of refueling vehicles stretched for dozens of kilometers, so that from a height of 4,000 to 5,000 meters they stretch beyond the horizon,” Putin added, comparing the convoy to gas and oil pipeline systems.” (Putin: ISIS financed from 40 countries, including G20 members, RT)
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  • It’s clear that Russia’s bombardment of jihadi groups operating near the Turkish-Syrian border has Turkish President Recep Tayyip Erdogan worried. Erdogan has long hoped that the area would be turned into a Safe Zone where Sunni militants– committed to removing Assad from power– could receive weapons and other support from their sponsors while coming and going as they pleased. The Russian-led coalition’s attempt to retake the area and seal the border to stop the flow of terrorists from Turkey, is probably what precipitated the attack on the Russian warplane. It was a desperate attempt to wave-off the Russian offensive and reverse the course of the war which has turned decisively in Assad’s favor. As for the militant groups that are operating in this area, analyst Pepe Escobar sums it up like this in a recent post at Sputnik News: “The Su-24s were actually after Chechens and Uzbeks — plus a few Uyghurs — smuggled in with fake Turkish passports (Chinese intel is also on it), all of these operating in tandem with a nasty bunch of Turkish Islamo-fascists. Most of these goons transit back and forth between the CIA-weaponized Free Syrian Army (FSA) and Jabhat al-Nusra. These were the goons who machine-gunned the Russian pilots as they parachuted down after the hit on the Su-24…. Turkey, for all practical purposes, has been a handy, sprawling Salafi-jihadi Infrastructure and Logistics Center; it offers everything from porous borders enabling countless jihadi return tickets from Syria to Europe, facilitated by corrupt police, to a convenient crossroads for all kinds of smuggling and a hefty money laundering ops.” (Sultan Erdogan’s War on…Russia, Pepe Escobar, Sputnik)
  • Escobar sums up Ankara’s role in Syria as succinctly as anyone. Erdogan has been ISIS best friend, of that, there is little doubt. The problem that Turkey faces now is that the Russian-led coalition is rapidly destroying the infrastructure that provides funding for ISIS, (oil refineries, fields and transport) while gradually retaking territory that was formally-controlled by the many anti-regime or al Qaida-linked groups in the north, west and central parts of the country. In the last few days alone, Russia and Co. have concluded the encirclement of Syria’s biggest city, Aleppo, vaporized a convoy of over 500 oil trucks in the vicinity of Raqqa, and intensified their bombing in the Turkmen Mountains, the Kurdish Mountains, and the Prophet Jonah Mountains. The coalition has moved as far north as Azaz along the Turkish border and recaptured the strategic Aleppo-Raqqa highway which completely cuts off ISIS supply-route from the east in Raqqa. All of the recent progress comes in the wake of the retaking of the strategic Kuweris Airbase which was the tipping point in the 4 and a half year-long conflict. Now the Russian coalition has focused on closing the border, a move that will sever vital supply-lines to pro-Turkish militias operating in Syria and force the terrorists to either flee or surrender. Russian Foreign Minister Sergei Lavrov emphasized this point last week saying, “We are convinced that by blocking the border we will in many respects solve the tasks to eradicate terrorism on Syrian soil.”
  • Keep in mind, that Erdogan is not the only one with designs on the so-called “Afrin-Jarabulus corridor” east of the Euphrates. Powerful politicians in the US, including John McCain, Lindsay Graham, Jeb Bush, Hillary Clinton and others, have all alluded to this area as the most suitable location for a no-fly zone. And, despite the fact that Obama refuses to send US ground forces to fight in Syria, he has continued to fuel the conflict in other less conspicuous ways. Just last Wednesday, under the cover of the Thanksgiving holiday when the media was preoccupied with other matters, Obama signed the National Defense Authorization Act of 2016 which provides another $800 million in aid to armed extremists in Syria and Ukraine. The NDAA, which effectively prevents the closing down of US concentration camp at Guantanamo Bay (Gitmo), reflects Obama’s determination to continue Washington’s vicious policy in Syria which has resulted in the deaths of more than 250,000 and the displacement of 11 million more. This helps to explain why the Russian offensive has set alarms off in Washington; it’s because the US plan to establish a permanent staging ground for terrorists in N Syria is quickly going up in smoke.
  • Seen in this light, Obama’s recent request for Turkey to deploy “30,000 (troops) to seal the border on the Turkish side”, (See: Wall Street Journal) should be viewed with extreme skepticism. Clearly, Washington has not relented in its “Assad must go” policy at all, in fact, Obama reiterated that mantra less than a week ago. That means the Obama crew may be hoping that Turkish ground forces can succeed where his jihadi proxies failed, that is, that the 30,000 troops will be used to clear and hold a 60×20-mile stretch of Syrian territory that can be used as the proposed safe zone. All Turkey would need is a pretext to invade and a little bit of air cover from the USAF. It wouldn’t be the first time a false flag was used to start a war. The bottom line is this: Putin had better move quickly before Washington and Ankara get their ducks in a row and begin to mobilize. The time to seize the border is now.
Paul Merrell

Former public testimony disappears from Guantánamo transcripts | Miami Herald - 0 views

  • For hours on a Friday, a staff sergeant using the fake name “Jinx” testified in open court about her yearlong work here at a prison for suspected terrorists once considered the CIA’s prized war-on-terror captives.
  • The few reporters who went to court or watched on video feeds from Guantánamo to Fort Meade, Maryland, as well as a dozen legal observers and the mother and sister of a man killed in the World Trade Center on Sept. 11, 2001, heard her say all that in open court. But as far as the public court record is concerned, those things were never said.
  • In a first for the war court, intelligence agencies scrubbed those and other facts — including questions asked by the judge, Army Col. James L. Pohl — from a 379-page transcript of the Oct. 30 pretrial hearing in the 9/11 death-penalty case. A Miami Herald examination counted more than 130 pages with blacked out public testimony. Of them, 37 pages are completely redacted in the latest challenge to the remote war court’s motto, “Fairness, Transparency, Justice.” Typically the court releases the transcripts “word for word with no redactions,” chief prosecutor Brig. Gen. Mark Martins told reporters Saturday, defending the “rare” exception of “ex-post redactions” as a security necessity.“I have not encountered it actually thus far for a transcript to be redacted. But there is a rule that enables that,” he said. “The government is fully entitled to look and say in the aftermath … ‘It ought to be protected, it could be damaging.’”
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  • At issue on Oct. 30 was Pohl’s January restraining order forbidding female guards from touching the alleged Sept. 11 plotters as they come and go from court and legal meetings, an accommodation to their Islamic traditions. The restriction recently sparked outrage among top Pentagon brass and some in Congress. The issue is unlikely to be resolved before a closed session in February to hear classified testimony.But now, in light of the retroactive redacting, case lawyers and the Sept. 11 trial judge will spend Monday huddling in closed court — no public, none of the accused conspirators listening — as they discuss how to go forward with the testimony on Pohl’s controversial restraining order.Yale Law School lecturer Eugene Fidell, whose specialty has long been military justice, said the court has a 40-second audio delay to the public and a security officer assigned to block the feed with white noise and warned that the after-the-fact censorship could be “the new normal.”
  • “The military has a real allergy to transparency,” said Fidell after declaring himself dumfounded by the effort to “sanitize stuff that has already been uttered in open court.”“Obviously there are things that can and must be kept secret,” he said. “But to try to get the genie back in the bottle for information that has already been uttered in a public proceeding — especially where there’s a time delay to protect classified information — is preposterous.”
Paul Merrell

Shaker Aamer, Last British Guantanamo Detainee Released - 0 views

  • Shaker Aamer, the last British resident in Guantanamo Bay, was released on Friday after being detained without charge for almost 14 years.On September 25th, U.S. and U.K. authorities confirmed that Aamer was to be returned to the U.K. within days. The release comes after Aamer endured well over a decade of torture, detention without charge or trial, and solitary confinement. Aamer’s high profile case has highlighted everything that is wrong with the war on terror — detention without charge or trial, government complicity in torture and lack of accountability for war crimes, gross obstruction of justice, and the humiliating and dehumanising treatment of detainees.A keen community worker and U.K. resident, Aamer is married to a British woman and four British children living in London. He was volunteering for a charity in Afghanistan in 2001 when he was abducted and sold for a bounty to U.S. forces. He was tortured, eventually cracking and agreeing to his captors’ accusations against him. Satisfied with the confession of an abused and broken man, U.S. forces took him to Guantánamo Bay on Valentine’s Day 2002.In a September Daily Mail piece entitled “Torture and the man who could expose Britain’s dirtiest secrets,” journalist Peter Oborne said, “My view is that Mr Aamer may have paid the price for knowing too much. The CIA had very good reason to be terrified of what he might reveal when he emerged from jail.”
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    "And the King will answer them, 'Truly, I say to you, as you did it to one of the least of these my brothers, you did it to me." --- Matthew 25:40. 
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