Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged Guantanamo-Bay

Rss Feed Group items tagged

Paul Merrell

Commission finds 'systematic violation of human rights' at Guantanamo Bay | The Raw Story - 0 views

  • The Inter-American Commission on Human Rights Monday demanded the United States explain abuses allegedly committed at Guantanamo prison, especially its practice of force-feeding inmates on hunger strike. “The information we have indicates that there was a general and systematic violation of human rights” in Guantanamo, said Rodrigo Escobar Gil, one of the Washington-based body’s seven commissioners. The allegations of forced feeding of Guantanamo prisoners on hunger strike constituted “cruel and inhumane treatment,” he added. “We want to know … what research is being done about it” and “what steps have been taken to meet the demands of the prisoners,” the commissioner said. At its peak, some 106 out of 164 detainees were on hunger strike in protest against the legal limbo in which detainees are held at the prison, which is on a US naval base on the southeastern tip of Cuba. According to US authorities, who say that the strike ended in late September after more than six months, up to 46 of the detainees were force-fed through nasal tubes at some point in the protest. The government has argued in US court that the practice, called enteral feeding, “is used only when medically necessary to protect life and health.”
  • The IACHR said Monday it wanted unfettered access to the prison camp to investigate. “We have reports of torture and degrading treatment. But all our requests for visits without conditions have been denied. We want to know when they are going to allow visits without pre-conditions,” Escobar Gil added. The commissioner also requested the IACHR report on “the remaining obstacles to the transfer of prisoners to other countries,” noting US President Barack Obama has promised to shut the camp. But the US deputy representative to the commission, Lawrence Gumbiner, said his team could not answer issues raised at the hearing because the 17-day US government shutdown in October left them inadequate time to prepare. “We respectfully propose to the commission to answer in writing in 30 days,” Gumbiner said, generating a buzz of surprise.
Paul Merrell

Prison Dispatches from the War on Terror: Gitmo Detainee's Life an "Endless Horror Movi... - 0 views

  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view.
  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view
  • Al-Alwi, who has described his strike as “a form of peaceful protest against injustice,” has said that he will not resume eating until there is some sort of legal resolution to his case. Prison officials have responded to his hunger strike by placing him in solitary confinement, denying him access to prescribed medical items and subjecting him to extreme temperatures in his cell. 
  • ...4 more annotations...
  • According to the petition, al-Alwi’s nostril passages have now swelled shut due to the extra large tubes prison authorities have repeatedly forced down his nasal cavity during this feeding process. He also maintains that the force-feeding sessions have led to heavy vomiting and daily blood loss. Shackled to a chair for hours each day during the force-feeding sessions, al-Alwi now suffers severe back pain and other debilitating physical injuries. In his petition, al-Alwi describes his life in Guantánamo as “an endless horror story.” In April 2013, a delegation from the International Committee of the Red Cross conducted a visit to Guantánamo to meet with detainees and assess conditions there. On the day immediately following their departure, armed guards raided a cellblock housing al-Alwi and several other hunger-striking detainees while they prepared for communal prayers.
  • The complaint further alleges that prisoners were physically assaulted by guards during this raid, some of whom fired rubber-coated steel bullets at them. Al-Alwi was among those wounded, with bullets hitting him in his thigh, elbow and back as he tried to flee from guards firing at him; those shots were allegedly fired from the other side of a chain-link fence. Al-Alwi says that he has never received adequate medical treatment for these wounds; he was handcuffed and left to bleed for 20 minutes by guards before a doctor arrived. A few of his wounds were rubbed with anti-infection cream while the remainder have remained wholly untreated to this day. As a result, al-Alwi says that he suffers chronic and debilitating pain and swelling from these injuries.
  • The circumstances leading to al-Alwi’s detention at Guantánamo are obscure. One of hundreds of young Arab men who were captured by Pakistani bounty hunters following the Sept. 11 attacks, al-Alwi was not a known or wanted terrorist, but was nonetheless turned over to U.S. troops by locals in Pakistan for a cash reward later that year. On Jan. 16, 2002, he arrived at Guantánamo Bay where he has remained ever since. A 2006 report by Amnesty International found that cash bounties offered for turning over “terrorists” to U.S. forces had effectively created a lucrative cash market for capturing young Arab men in Pakistan and Afghanistan. Fliers distributed by the U.S. government in the region offered “millions of dollars” in exchange for turning over purported Al-Qaeda and Taliban members, promising those who were able to render suspects to American custody “enough money to take care of your family, your village, your tribe for the rest of your life.”
  • Al-Alwi says that American interrogators tortured him until he made false confessions about his involvement in terrorism. Despite having now spent over a decade in custody, with no foreseeable prospect of release, he has not been charged with any crime. Describing his brutal treatment by riot guards who come to restrain him for force-feedings, al-Alwi told his lawyers in the petition:  “I weigh less than 100 pounds. I wear braces on both ankles, and both wrists, and one around my lower back. I am five foot five … and they claim that I am ‘resisting’ … How can I possibly resist anyone, let alone these men?”
  •  
    "... in the land of the free and the home of the brave" forget about the right to a speedy trial.
Paul Merrell

CIA Documents Expose the Failed Torture Methods Used on Guantanamo's Most Famous Detain... - 0 views

  • It is early on in Abu Zubaydah’s time at a CIA black site. He insists to his interrogators that he has no additional information on jihadist operations planned against the US, but his captor won’t stop slapping him. Eventually a hood is placed over Zubaydah's head and he is placed into a confinement box by unseen security officers. He is told this is his new home until he’s prepared to provide information on operations against the US.Several physically stressful hours in the confinement box fail to elicit any intelligence, so Zubaydah’s captors place him in an even smaller box. He makes painful groans and is forced to scoot out of the box on his hindquarters when he’s finally allowed out. He is immediately made to stand and backed up against a wall. Two interrogators begin to double-team him with rapid-fire questions. Zubaydah is told that if he does not cooperate, he will only bring more misery on himself. Again he denies having any additional knowledge, but this time, he isn’t slapped. Instead, Zubaydah is hooded and a water board is brought into the cell.Zubaydah is the first post-9/11 detainee to be waterboarded, and this is his first session. He coughs and vomits. The waterboarding lasts for over two hours, but he still insists he does not have any additional information beyond that which he already provided to the FBI. He is then put into the larger confinement box, where he spends the rest of the evening. The interrogation process resumes in the morning: more slapping, zero new information, and more time in the smaller box.This was a summary of CIA documents obtained by AlterNet’s Grayzone Project. The records were originally obtained by Zubaydah’s defense team through the discovery process and were provided to me by a source familiar with the case who considered their publication critical to the public’s understanding of Zubaydah’s treatment. The vast majority of the documents have not been available to the public prior to this story.
  • As clinically detailed as they are gut-wrenching, the documents comprise hundreds of pages on the interrogation of Zubaydah, perhaps Guantanamo Bay’s most famous detainee. The files revealed here have renewed significance as Zubaydah has decided to testify about conditions at Guantanamo Bay despite the likelihood that it will imperil his legal situation. The records also highlight the methods of psychologist James Mitchell, a top architect of the CIA’s “enhanced interrogation program.” Though Mitchell had previously worked as an Air Force psychologist, the Senate “Torture Report” noted that he had no prior experience as an interrogator. Mitchell’s private contracting company had received over $80 million from the CIA by the time their contract was terminated in 2009. The contract was terminated because, as the CIA Inspector General put it, there was no reason to believe Mitchell’s interrogation techniques were effective or even safe.Mitchell and the US government originally believed Zubaydah to be a top leader of Al Qaeda who had knowledge of imminent plots against the US; however, the government would later concede that Zubaydah was never an Al Qaeda leader but still contend that he poses a threat. According to the US government, Zubaydah "possibly" knew in advance about the bombing of the USS Cole in 2000 and attacks on American embassies in Africa in 1998.After his capture in Pakistan in 2002, Zubaydah was held in CIA black sites for four years where he was subjected to extended torture so intense he lost his left eye. Following his first waterboarding, he was subjected to the same form of torture 82 times. It is unclear the brutal methods applied to Zubaydah’s body elicited any valuable intelligence.
  •  
    In our name, they did this ...
Paul Merrell

Uruguay agrees to U.S. request to take some Guantanamo inmates | Reuters - 0 views

  • (Reuters) - Uruguay has agreed with the United States to accept some prisoners held in the much-criticized detention center at the U.S. military base of Guantanamo Bay, President Jose Mujica said on Thursday. The Obama administration, which wants to close the center used to imprison people captured after the September 11, 2001 attacks on the United States, has been talking to several countries about relocating inmates.The South American country had accepted the request by Washington to take some prisoners and would consider them refugees, Mujica told journalists while attending an unrelated farming event.
  • Weekly newspaper Busqueda reported that Uruguay had accepted a U.S. proposal to take five detainees from the Guantanamo Bay, Cuba base for two years. The 78-year-old ex-guerrilla Mujica agreed after speaking to Cuban President Raul Castro and sending delegates to visit the detention center, the report said.Guantanamo has been criticized by human rights groups, with some of its prisoners held for a decade or longer without being charged or given a trial. Opened by President George W. Bush in 2002 to hold terrorism suspects rounded up overseas, Guantanamo became a symbol of the excesses of his "war on terror.""They are coming as refugees and there will be a place for them in Uruguay if they want to bring their families," said Mujica, who spent 14 years in prison before and during his country's 1973-1985 dictatorship.
  • State Department envoy Clifford Sloan said last month that the United States was in talks with a wide range of countries to speed the transfer of prisoners as President Barack Obama looked to make good on a long-standing promise to close the facility.
Paul Merrell

The Mysterious Case of Prisoner 212 - The Intercept - 0 views

  • Researchers and reporters had long counted the total number of prisoners who cycled through Guantanamo at 779, but the Senate intelligence committee’s report on CIA torture revealed that there was one more previously unknown detainee. Ibn al-Shaykh al-Libi, also known as prisoner 212, was held at a secret black site at Guantanamo Bay, according to the report, bringing the total number of detainees to 780. That al-Libi was held by the CIA is long established.  After all, al-Libi’s name is notorious as the source of bad information used by the Bush administration to tie Saddam Hussein to Al-Qaeda to support the US invasion of Iraq — information he provided while being tortured in Egyptian custody, and later recanted. More than a single digit change in the tally, al-Libi’s hitherto unknown presence at Guantanamo underscores how much remains unknown about the total number of detainees and their fates. The Senate report includes a list of 119 men– a rare official disclosure of the individuals held and in many cases tortured by the CIA. Only a fraction of those had previously been acknowledged as CIA detainees, though journalists and human rights groups had pieced together the population of prisoners from disclosures about Guantanamo, leaked documents, and court proceedings.
  • The black sites in the Senate report are identified by color code names, but journalists and human rights groups quickly identified them. As the Miami Herald’s Carol Rosenberg first noted, the report confirms that al-Libi was at one of Guantanamo’s black sites—“Maroon” and “Indigo” in the report. Al-Libi was secreted away from Guantanamo in 2004 along with four other so-called high value detainees, before the Supreme Court determined that prisoners at the naval base had the right to challenge their detention. Disappearing those detainees gave the CIA leeway to continue secret interrogations outside the view of any court system. Al-Libi ultimately ended up in prison in Libya, where he died in 2009. The Senate report doesn’t cover everyone caught up in the CIA’s net. The Open Society Foundations, for example, published a report last year detailing 136 cases of individuals suspected to have been detained or rendered by the CIA. The Senate report misses some high-profile cases, however, because it didn’t include rendition — when the CIA handed prisoners over to third countries for interrogation or imprisonment. (As the Intercept’s Peter Maass noted last week, it also doesn’t touch on detainee abuse by the military.)
  • According to the Intercept’s research, there are still 50 former CIA prisoners named by Senate investigators whose fates are unknown, and who have not, to our knowledge, spoken to the media or human rights groups. If you have any information about the names listed here, email the authors at cora.currier@theintercept.com or margot.williams@theintercept.com, or communicate with us anonymously via SecureDrop.
Paul Merrell

Morris Davis: Here's why I resigned as the chief prosecutor at Guantanamo - LA Times - 0 views

  • en years ago today, I informed Gordon England, then the Deputy Secretary of Defense, that I could no longer serve as chief prosecutor for the military commissions at Guantanamo Bay. I requested immediate reassignment to another post and, within an hour, my request was approved. Soon after, I received an order not to speak to anyone about why I quit.Here’s why I quit. Earlier that day, I had been handed an order, signed by England, that reorganized the chain of command, effective immediately. The order had placed Air Force Brig. Gen. Thomas W. Hartmann above me, and it had placed William J. Haynes II, the general counsel of the Department of Defense, above Hartmann.Haynes, you might recall, signed the infamous torture memo — the one authorizing enhanced interrogation at Guantanamo that was approved by former Defense Secretary Donald Rumsfeld.
  • Hartmann had arrived a few months before, in July 2007, to serve as chief counsel to the official overseeing the military commissions. He was anxious to get convictions and wanted me to use all evidence, regardless of how it was acquired. For two years, my policy had been that the prosecution would not use evidence obtained by torture, because evidence obtained by torture is tainted. By the end of his first month, Hartmann had already tried to challenge this well-established fact. When I learned that two men who sanctioned torture were above me in the chain of command, I concluded that I could not ensure fair trials for the detainees at Guantanamo. Nor could I put my head down and ignore the fact that the United States employed a practice it had long condemned.I wish I could say that, in the following decade, the U.S. recovered from the shock of the Sept. 11 terrorist attacks, recognized the errors it made and regained its legal and moral standing on the issue of torture. That would be fake news.
Paul Merrell

We were subjected to 'meticulous, daily torture' - freed Gitmo detainee - RT News - 0 views

  • After years of being held at the US Naval Base in Cuba without trial, Ibrahim Idris, one of two Sudanese detainees released on Thursday, said US prison officials had "systematically tortured" him in the course of his 11-year imprisonment at Gitmo. Idris, who has been described by US officials as mentally ill, delivered his comments in a news conference in Khartoum, just hours after returning home courtesy of a US military plane. Appearing weak and speaking with apparent difficultly, Idris gave a brief account of his lengthy imprisonment at Gitmo. “We have been subjected to meticulous, daily torture," he said. "We were helpless…on an isolated island, surrounded by weapons." He praised the Sudanese government and human rights organizations for working to secure the release of prisoners at Gitmo, which has been called “the GULAG of our times” by Amnesty International. Closed-door military tribunals, for example, have been riddled with problems, including courtroom speakers that have a mysterious tendency for being blocked during key testimony.
  • Another released detainee, Noor Othman Muhammed, was unable to attend the conference because he was recovering in the hospital, Idris said. On Feb. 18, 2011, Muhammed pleaded guilty in a military tribunal to offenses under the Military Commissions Act of 2009, and was sentenced to 14 years confinement, according to a Defense Department news release. In exchange for his guilty plea and Muhammed's cooperation with prosecutors, the military court agreed through a pre-trial agreement to suspend all confinement in excess of 34 months. Idris, who had been designated for transfer since 2009, said some of the former prisoners had pled guilty in a bid to secure their freedom. As Barack Obama wins congressional approval to transfer some prisoners from Guantanamo Bay to their home countries, a released Sudanese inmate spoke of the torture he and others endured at the hands of their American jailers. Approval for a partial detainee release is contained in the National Defense Authorization Act, which passed the Senate by an 84-15 vote on Thursday night.
  • While the bill does not address all of the administration's concerns, its provisions ... will provide the administration additional flexibility to transfer detainees abroad consistent with our national security interests," White House spokesman Jay Carney said earlier Thursday. Of those still held in the prison, five individuals stand accused of participating in the Sept. 11, 2001 terrorist attacks. At the same time, some four dozen detainees are considered “too dangerous” to be released. About half of Gitmo's 158 detainees have been cleared to be released since 2009, yet congressional restrictions prevented that from happening.
  • ...2 more annotations...
  • A new outbreak of hunger strikes happened in early 2013. By July, 106 of the 166 detainees were on hunger strike, with 45 of them being force-fed.
  • According to Idris, those inmates who participated in these protests were “doubly tortured.” In November, a 19-member task force concluded in a 269-page report, entitled 'Ethics Abandoned: Medical Professionalism and Detainee Abuse in the ‘War on Terror', that since September 11, 2001, the Department of Defense (DoD) and CIA ordered medical professionals to assist in intelligence gathering, as well as forced-feeding of hunger strikers, in a way that inflicted “severe harm.” Gitmo officials announced earlier this month that the US military will no longer disclose to the media and public whether prisoners at Guantanamo Bay are on hunger strike, explaining that "the release of this information serves no operational purpose."
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.”
  •  
    "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. 
Paul Merrell

Spanish Judge enforces torture probe against Bush and Cheney - 0 views

  • On Tuesday, Judge Pablo Ruz at the Spanish National Court defied pressure to scrap a probe into alleged torture in the United States prison camp in Guantanamo Bay which targets former U.S. president George W. Bush. In a written decision, Judge Ruz refused to scrap the case despite a recent reform to restrict such human rights probes in Spain. In 2009, the Spanish courts agreed to probe charges brought by four ex-Guantanamo prisoners who say they were tortured during their detention in the camp between 2002 and 2005. Cited in the charges include Bush, US former vice president Dick Cheney and ex-defence secretary Donald Rumsfeld.
  • A new law in Spain says courts can only probe atrocities committed abroad if the suspects are Spanish but Ruz said in Tuesday’s judgement that Spain had an “obligation” under international treaties to investigate alleged atrocities even if the suspects were not Spanish.
Paul Merrell

The Strange Case of the Forgotten Gitmo Detainee - Raymond Bonner - POLITICO Magazine - 0 views

  • ince being seized in a raid in Pakistan in 2002, Abu Zubaydah has had his life controlled by American officials, first at secret sites where he was tortured, and since 2006 in a small cell in Guantanamo Bay, Cuba. And, thanks to one of the strangest—and perhaps most troubling—legal cases to grow out of the War on Terror, it appears he’s not going to be leaving anytime soon, which was exactly what the CIA always intended. Today, not even his lawyers understand what’s transpired behind closed doors in a Washington, D.C., courtroom. In June 2008, the Supreme Court ruled that detainees at Guantanamo had the right to challenge their imprisonment in federal court and that their cases should be handled “promptly” by the judicial system. The next month, lawyers for Abu Zubaydah, a detainee whose torture and waterboarding in secret prisons was among the most notorious of the Bush years, filed a lawsuit in federal court challenging his detention. The progress of that case has been anything but prompt. While more than 100 Guantanamo detainees have been released since then, and the military tribunals of even more high-profile detainees like 9/11 mastermind Khalid Sheikh Mohammed are moving forward in Guantanamo’s courtrooms, the federal judge hearing Zubaydah’s case has failed to rule on even the preliminary motions.
  • The seemingly intentional inaction has left even experienced court observers baffled. Richard W. Roberts, the U.S. District Court judge handling the suit, is not a particularly slow-moving jurist. His median time for resolving entire cases is slightly over two years; Zubaydah’s case has already been pending 6 years 9 months and 13 days. Because almost the entire file has been kept secret, it’s not possible to know why Roberts, who is the chief judge of the D.C. circuit, has let Zubaydah’s case languish. But this much is clear: Keeping Zubaydah from telling his story is exactly what the CIA wanted from the moment it began to torture him. And it’s exactly what they promised they’d do in 2002 during one of the darkest chapters of the War on Terror. Abu Zubaydah was one of the first al Qaeda suspects to face the harsh new regime implemented by the CIA following 9/11—a regime that FBI agents at the scene tried to prevent.
  • Soon after the agency’s contractors began their program of “enhanced interrogation” at the secret black site in Thailand—placing him in a coffin-size box, slamming him against wall, depriving him of sleep, bombarding him with loud music, as well as waterboarding—they sent an encrypted cable to Washington. The CIA interrogators said that if Zubaydah died during questioning, his body would be cremated. And if he survived the ordeal, the interrogators wanted assurances that he would “remain in isolation and incommunicado for the remainder of his life.” Senior officials gave the assurances. Zubaydah, a Saudi citizen, “will never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released,” the head of the CIA’s ALEC Station, the code name of the Washington-based unit hunting Osama bin Laden, replied. “All major players are in concurrence,” the cable said, that he “should remain incommunicado for the remainder of his life.”
  • ...1 more annotation...
  • The decision to hold Zubaydah “incommunicado” was disclosed by the Senate report on torture, which was released last December. But the judicial inaction on his case has received virtually no public attention. In all, Roberts has failed to rule on 16 motions, 13 of which have been filed by Zubaydah’s lawyers. Several of those allege misconduct by the government.
  •  
    There's an old saying in the Anglo legal tradition, "justice delayed is justice denied." To delay a habeas corpus proceeding is the antithesis of what that writ is all about; promptly freeing those unlawfully held. 
Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
  • ...3 more annotations...
  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
  •  
    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

Drone memo should reverse Gitmo convictions, attorneys claim - RT USA - 0 views

  • Attorneys for a Canadian man who spent a decade detained by the United States military at Guantanamo Bay say details in the Obama administration’s recently released “drone memo” exonerates their client of war crimes.
  • But in a recent court filing [PDF], lawyers for Khadr, now 27, say a just-published US Department of Justice memorandum contains information that directly challenges the American government’s case against their client. Khadr’s attorneys wrote this week that the secret “drone memo” released by the White House last month — the DOJ document that the government relied on to justify the 2010 drone strike in Yemen that killed American citizen and suspected AL-Qaeda member Anwar Al-Awlaki — suggests prosecutors had no place to charge the Canadian teenager with murder in violation of the laws of war after he allegedly killed an American soldier during a firefight in Afghanistan. The DOJ memo itself was a penned by the department’s Office of Legal Counsel in response to the question of whether Central Intelligence Agency officers — who are not members of the US military — can be blamed for war crimes by launching drone strikes. The memo was written in July 2010, and justified the strike that later that year killed Al-Awlaki.
  • "The whole purpose...was to evaluate whether the CIA agents were violating the law," Morison said. "The only reasonable interpretation of that analysis is that there is no such thing (as the common law of war)." On Monday this week, Morrison and the rest of Khadr’s legal counsel, filed a motion in Guantanamo’s appeals court asking that the conviction against their client be vacated.
  • ...2 more annotations...
  • According to a footnote within the memo, released June 24 of this year due to a Freedom of Information Act lawsuit, “lethal activities conducted in accordance with the laws of war, and undertaken in the course of lawfully authorized hostilities, do not violate the laws of war by virtue of the fact that they are carried out in part by government actors who are not entitled to the combatant’s privilege.” "That completely blows away one of the major prongs of the government's theory in all these Guantanamo cases," Sam Morison, Khadr's Pentagon-based lawyer, told The Canadian Press during an interview on Wednesday this week. Although Khadr was charged with violating the “US common law of war” that dates back centuries, his attorneys say the memo concerning CIA drone strikes suggest such legislation simply doesn’t exist.
  • Should Khadr’s attorneys succeed, then a number of cases pertaining to current or former Guantanamo detainees accused of war crimes could be called into question. According to Human Rights Watch, however, only six of the 149 detainees at Gitmo face any formal charges — fewer than the number of prisoners who have died while held there in military custody.
Gary Edwards

President Obama has been a disaster for civil liberties - latimes.com - 1 views

  • Historically, this country has tended to correct periods of heightened police powers with a pendulum swing back toward greater individual rights. Many were questioning the extreme measures taken by the Bush administration, especially after the disclosure of abuses and illegalities.
  • Candidate Obama capitalized on this swing and portrayed himself as the champion of civil liberties.
  • However, President Obama not only retained the controversial Bush policies, he expanded on them.
  • ...7 more annotations...
  • Obama failed to close Guantanamo Bay as promised.
  • He continued warrantless surveillance and military tribunals that denied defendants basic rights.
  • He asserted the right to kill U.S. citizens he views as terrorists
  • His administration has fought to block dozens of public-interest lawsuits challenging privacy violations and presidential abuses.
  • Ironically, had Obama been defeated in 2008, it is likely that an alliance for civil liberties might have coalesced and effectively fought the government's burgeoning police powers.
  • A Gallup poll released this week shows 49% of Americans, a record since the poll began asking this question in 2003, believe that "the federal government poses an immediate threat to individuals' rights and freedoms."
  • the election of Barack Obama may stand as one of the single most devastating events in our history for civil liberties.
  •  
    With the 2012 presidential election before us, the country is again caught up in debating national security issues, our ongoing wars and the threat of terrorism. There is one related subject, however, that is rarely mentioned: civil liberties. Protecting individual rights and liberties - apart from the right to be tax-free - seems barely relevant to candidates or voters. One man is primarily responsible for the disappearance of civil liberties from the national debate, and he is Barack Obama. While many are reluctant to admit it, Obama has proved a disaster not just for specific civil liberties but the civil liberties cause in the United States.
Paul Merrell

Republicans Want Obama to Send Benghazi Suspect to Guantanamo - 0 views

  • Republicans want President Barack Obama to send the first suspect arrested in the 2012 attack in Benghazi, Libya, that left four Americans dead to the prison in Guantánamo Bay, Cuba. Sen. John McCain of Arizona was among a group of Senate Republicans urging for Ahmed Abu Khatallah to be sent to Guantánamo — even as Attorney General Eric H. Holder Jr. put out a statement declaring his intent to try Khatallah in U.S. courts. “That’s where the detention facilities are. … It’s totally inappropriate to keep him anywhere else,” McCain said. Sen. Lindsey Graham, R-S.C., said Guantánamo has yielded significant intelligence over the years. “We’re turning war into a crime and it’s going to bite us in the butt,” he said. Democrats, however, dismissed the idea, and Holder made clear Khatallah would stand trial. “Khatallah currently faces criminal charges on three counts, and we retain the option of adding additional charges in the coming days,” Holder said. “Even as we begin the process of putting Khatallah on trial and seeking his conviction before a jury, our investigation will remain ongoing as we work to identify and arrest any co-conspirators.”
Paul Merrell

Guantánamo Inmate's Case Reignites Fight Over Detentions - NYTimes.com - 0 views

  • The seemingly unending struggle over Guantánamo Bay — the prison President Obama vowed to close shortly after he was sworn in — is again reverberating over an “anguishing” case of force-feeding a Syrian detainee.The case involves Jihad Ahmed Mujstafa Diyab, a Syrian who has been held for 12 years without a trial, and who has gone on prolonged hunger strikes. Late Thursday, a Federal District Court judge lifted an order barring his force-feeding, even as she rebuked the military for using procedures that she said caused “agony.”
  • Mr. Diyab was recommended for transfer more than four years ago, but officials fear repatriating him because of the chaos in Syria and the apparent death sentence.In February, the president of Uruguay offered to allow him to be released there, but Defense Secretary Chuck Hagel, who has the final say under restrictions imposed by Congress, has not signed off on the transfer.
  • Mr. Diyab’s defense team recently learned that some videotapes of forcible cell extractions and force-feeding of Mr. Diyab and other detainees exist, and on Wednesday, Judge Kessler ordered the military to turn 34 such tapes over to his lawyers.
Paul Merrell

CIA photos of 'black sites' could complicate Guantanamo trials - The Washington Post - 0 views

  • Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said. The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
  • The death penalty cases against the five men first began in 2008 under the Bush administration and was abandoned by the Obama administration for a planned trial in federal court in New York. That effort collapsed, and the prosecution was returned to the military in 2011.
  • The electronic images depict external and internal shots of facilities where the CIA held ­al-Qaeda suspects after 9/11, but they do not show detainee interrogations, including the torture of some suspects who were subjected to waterboarding and other brutal techniques. They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity because the material remains classified. The pictures also show CIA personnel and members of foreign intelligence services, as well as psychologists Bruce Jessen and James Mitchell, among the architects of the interrogation program.
  • ...4 more annotations...
  • It’s unclear whether the military prosecutors have been able to review all the photographs and why they hadn’t unearthed them years earlier. Former U.S. officials said Martins’s team was supposed to have the same access as Senate investigators and federal prosecutors to shared electronic drives containing agency documents at a secret location in Virginia. “It raises the question whether the agency is being cooperative with the prosecutors,” said James Harrington, the civilian attorney for 9/11 defendant Ramzi Binalshibh. “It’s beyond preposterous.”
  • mong the images are those of cells and bathrooms at the detention sites, including a facility in Afghanistan known as “Salt Pit,” where the waterboard was photographed.
  • The bulk of the photographs depict black sites in Thailand, Afghanistan and Poland. There are fewer shots of prisons in Romania and Lithuania, which were among the last to be used before they were closed in 2006. A former intelligence official who reviewed some of the photographs of the prison in Thailand described them as nondescript.
  • “Why is it we are still learning about this stuff?” said Joe Margulies, Zubaydah’s attorney. “Who knows what is still out there? What else is there? That’s what is appalling.” James Connell, defense attorney for Ammar al-Baluchi, one of the 9/11 defendants, filed a motion in January 2013 to compel production of “documents and information” relating to where the “accused or a potential witness have been confined.” Connell said the military judge overseeing the case hasn’t ruled on that motion. “If pictures from black sites exist, they are crime scene photographs,” Connell said. “The military commission rules require the prosecution to turn them over to the defense, but federal and international prosecutors should also get a copy — not to mention the public.”
  •  
    So finally the locations of at least some of the CIA "black sites" are out in the open. 
Paul Merrell

Is someone pinching pennies at Guantánamo prison? | Miami Herald - 0 views

  • Could the people at the Most Expensive Prison on Earth be pinching pennies?
  • Attorneys for the last 114 captives at the U.S. Navy base at Guantánamo Bay, Cuba, say they have been increasingly providing their clients with everything from T-shirts and socks and shoes to shampoo and vitamins to fill a long-term, unexplained need at the war on terror prison.Lawyers who have visited the prison as recently as this month say the captives’ U.S. military issue uniforms are faded, torn or tattered and their shoes have holes. In other instances, detainees tell their lawyers, personal hygiene supplies are cheap and simply don’t do the job. A case-in-point: When attorney Ramzi Kassem met detainee Shaker Aamer to share the news that the long-held Saudi prisoner was approved for transfer to Britain after Oct. 24, the captive was brought to their meeting in prison-issue canvas shoes held together by duct tape.
  • “Stuff’s just not getting replaced,” said attorney George Clarke who in late September spent about $300 on slip-on canvas shoes, plastic sandals, T-shirts and towels for his two detainee clients — both approved for repatriation, if the political situation improves in Yemen. “They say the stuff they get is crap. Or they’re not getting it.”Recently, he said, the detention center staff has been more accepting of contributions from the attorneys, suggesting prison commanders are confronted with a cash crunch or have realized they can pass along costs of basics to the private sector.
  • ...7 more annotations...
  • At the prison, a spokesman declined to say whether the raggedy clothing reflected a new policy or budget cutbacks but dismissed a question on whether there was a supply issue. Detainee provisions “have not changed,” Navy Capt. Christopher Scholl said tersely by email. The prison would not provide a list of what constitutes basic issue prisoner provisions these days. Nor would Scholl address a question about whether the quality of prison-issue items had degraded.
  • The International Committee of the Red Cross would not say whether delegates have raised the issue in confidential talks with the prison commander. The Miami Herald spoke, separately, with 12 attorneys who have met captives in recent months and describe detainees showing up at legal meetings looking disheveled and needing replacement footwear or clothes. The attorneys say the appearance is noteworthy because through the years all but mentally ill captives have tried to tidy up for their legal meetings.“They’re looking pretty threadbare,” attorney Cori Crider of the nonprofit Reprieve legal defense group said from the U.S. Navy base Tuesday after she bought shampoo and socks for one prisoner. “It’s an escalating complaint that people are being left in rags.”The lawyers quote their clients as saying some supplies have disappeared entirely at the prison, which boasts Muslim sensitivity and humane treatment. Some just aren’t replaced frequently enough, they claim.
  • Into this vacuum attorneys who represent the detainees at no charge have for about nine months routinely spent hundreds of dollars on each trip to buy their clients basic provisions at the base commissary, the Navy Exchange, or NEX.In March, Chicago attorney Patricia Bronte, a solo practitioner, spent $136.25 on shoes and Gold Toe socks for her two Yemeni clients. She left them with a prison lawyer, who got them to the clients after she left the base — something she knows because she got thank-you notes via the prison’s legal mail system.
  • “I have noticed that sometimes the client appears at the meetings with shoes that look pretty beaten up. So I went to the NEX and I bought shoes and socks.” Also $6.12 in toothbrushes and toothpaste, according to her commissary receipt.“Understand, I’m not complaining. I don’t mind buying my clients shoes to improve their conditions,” she said. “It’s the gall of this country. To detain these guys for little or no reason for 14 years and not provide them with shoes is offensive.”
  • Prison officials had already stopped spending taxpayers’ money on books, videos and electronic games for the detainee diversion program, according to media visits in the past year, leaving it to the Red Cross and lawyers to donate to the Detainee Library. Kassem, the attorney, said his clients quoted guards and other prison staff as blaming budget cuts at the prison where the Pentagon maintains a 2,000-plus staff for 114 captives and has spent more than $5 billion. “Sometimes it’s a problem of poor toiletries — soap that doesn’t lather, toothpaste that doesn’t froth, deodorant that doesn’t prevent body odor,” said Kassem, a professor at the City University of New York School of Law whose legal clinic represents five Guantánamo detainees. Captives he sees in the prison’s iconic orange prison uniform are wearing old, torn and much less orange jumpsuits, he said.The prisoners are perplexed, Kassem said. “They’ve heard how much it costs per prisoner. They wonder, where’s all the money?”“Somebody’s pinching pennies, it seems,” he said, describing the prison-issue footwear on Aamer, the next detainee to be released, as “Oliver Twist tattered” despite repeated pleas for a replacement pair.
  • Over at the secret prison for former long-held CIA captives, Camp 7, the detainees are taking vitamin D furnished by defense attorneys Cheryl Bormann and Air Force Capt. Michael Schwartz.Walid bin Attash spent years without exposure to sunlight in a so-called CIA black site before he got to Camp 7 in 2006. Now, he’s told his lawyers, his medical record shows a severe vitamin D deficiency. He asked his defense team for a halal version of the supplement, which the prison doesn’t provide. One attorney, who asked not to be identified, quoted a prison medical officer as telling detainees “there’s no money for that.”So bin Attash’s lawyers ordered kosher vitamin D — no forbidden products in those gel caps — and gave it to the military staff attorney assigned to Camp 7. The prison’s medical officer has apparently doled them out to other former CIA black site captives because bin Attash needs a resupply sooner than a one-a-day distribution would require, Bormann said.“We’ve been having to purchase vitamin D for our client,” said Bormann, a criminal defense attorney with death-penalty experience. “It’s crazy.” At a civilian prison, she said, the lawyers wouldn’t have to buy and furnish it. They’d go to a federal or state judge, who would order the prison to provide it.
  • Lists of purchases provided by more than a dozen attorneys include toothbrushes, toothpaste, bar soap, shampoo, deodorant, slip-on sandals that double as slippers, white socks, white T-shirts, towels, no-lace sneakers, canvas slip-on shoes, pillows, books, individual DVD players, video games and audio tapes. Those reached the clients after a guard inspection — as did tahini, ginger, allspice, mint oil, mint tea, ginger tea, Nesquik, olive oil, ground cloves, henna and almonds, around Ramadan. Lawyers also said they have submitted other items that were rejected — notably black socks, hairbrushes, combs and aftershave (probably for its taboo alcohol content).
Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
  • ...9 more annotations...
  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  •  
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
Paul Merrell

A Murder Mystery at Guantanamo Bay | Consortiumnews - 0 views

  • Exclusive: America’s plunge into the “dark side” last decade created a hidden history of shocking brutality, including torture and homicides, that the U.S. government would prefer to keep secret, even though many of the perpetrators are out of office, writes ex-CIA analyst Ray McGovern.
Paul Merrell

4. FBI Agents Responsible for Majority of Terrorist Plots in the United States - The To... - 0 views

  • The Federal Bureau of Investigation has embarked on an unusual approach to ensure that the United States is secure from future terrorist attacks. The agency has developed a network of nearly 15,000 spies to infiltrate various communities in an attempt to uncover terrorist plots. However, these moles are actually assisting and encouraging people to commit crimes. Many informants receive cash rewards of up to $100,000 per case.
  • Trevor Aronson, “The Informants,” Mother Jones, September/October 2011, http://www.motherjones.com/politics/2011/08/fbi-terrorist-informants. “FBI Organizes Almost All Terror Plots in the US,” RT.com, August 23, 2011, http://rt.com/usa/news/fbi-terror-report-plot-365-899/print. http://www.mediafreedominternational.org/2011/12/05/fbi-agents-responsible-for-majority-of-terrorist-plots-in-the-united-states/
  •  
    What to do when you've been given a huge budget to root out terrorists in the U.S. but can't find any? Easy, you pay rewards to those who manufacture them to specifications. The same reason there are still so many people rotting in Guantanamo Bay. The U.S. offered rewards for those who turned in "terrorists" in Iraq and Afghanistan. What better way to get rid of that pesky neighbor or that lover who jilted you and get paid for it too? 
1 - 20 of 46 Next › Last »
Showing 20 items per page