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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

Bowe Bergdahl to Face Court-Martial on Desertion Charges - The New York Times - 0 views

  • A top Army commander on Monday ordered that Sgt. Bowe Bergdahl face a court-martial on charges of desertion and endangering troops stemming from his decision to leave his outpost in 2009, a move that prompted a huge manhunt in the wilds of eastern Afghanistan and landed him in nearly five years of harsh Taliban captivity. The decision by Gen. Robert B. Abrams, head of Army Forces Command at Fort Bragg, N.C., means that Sergeant Bergdahl, 29, faces a possible life sentence. That is a far more serious penalty than had been recommended by the Army’s investigating officer, who testified at the sergeant’s preliminary hearing in September that prison would be “inappropriate.”
  • According to Sergeant Bergdahl’s defense lawyers, the Army lawyer who presided over the preliminary hearing also recommended that he face neither jail time nor a punitive discharge and that he go before an intermediate tribunal known as a “special court-martial,” where the most severe penalty possible would be a year of confinement.
  • Monday’s decision rejecting that recommendation means that Sergeant Bergdahl now faces a maximum five-year penalty if ultimately convicted by a military jury of desertion, as well as potential life imprisonment on the more serious charge of misbehavior before the enemy, which in this case means endangering the troops who were sent to search for him after he disappeared.Sergeant Bergdahl has been the focus of attacks by Republicans in Congress and on the presidential campaign, and it is far from clear that General Abrams’s decision will temper their criticisms.Donald J. Trump, for one, has called the sergeant a “traitor” who should be executed, while Senator John McCain, Republican of Arizona and the chairman of the Armed Services Committee, has vowed to hold hearings if the sergeant is not punished.
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  • Last week, House Republicans issued a report portraying as reckless and illegal Mr. Obama’s decision in May 2014 to swap Sergeant Bergdahl for five Taliban detainees who were being held at Guantánamo Bay, Cuba.
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    A shame. There's a strong appearance that politics is playing a strong role in the military decision to prosecute Bergdahl. But 5 years in captivity would seem to be punishment enough to me.
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

Obama Administration Fights To Withhold Over 2,000 Photos Of Alleged U.S. Torture and A... - 0 views

  • President Obama once pledged that his government would be the most transparent in history — a claim that is often mocked by civil libertarians and other critics who accuse him of almost Nixonian secrecy policies and inclinations. That troubling record is playing out again before U.S District Court Judge Alvin K. Hellerstein of the United States District Court for the Southern District of New York. The Administration continues to fight to withhold over 2,000 images of torture and abuse of detainees in Iraq and Afghanistan simply because it would make the United States look bad. Ironically, there is a transparent element to this case. Few Administration have been so transparently obvious in their use of classification rule to simply bar the disclosure of information that would be embarrassing to officials or the government. Usually, the Justice Department attempts to spin a tale of some other national security rationale for non-disclosure. Here, however, there is nothing even plausible to come up with. The Obama Administration simply wants to deep six the photos because people would be really angry if they saw what the government did, including photos that are believed to be far worse than those Abu Ghraib
Paul Merrell

Israel Assassinates Senior Hezbollah Leader In Syria - nsnbc international | nsnbc inte... - 0 views

  • The Israeli Air Force assassinated, on Saturday at night, the former political prisoner and senior Hezbollah leader, Samir al-Kuntar, in an air strike in the Jermana area of the Syrian capital Damascus.
  • The Hezbollah party in Lebanon said the Israeli Air Force violated Syrian air space at around 10:30 at night, and fired five missiles into a residential building, killing six people, including al-Kuntar, and wounding at least twelve others. The Civil Defense Forces in Jermana said two Israeli war jets violated Syrian airspace and struck the building with four missiles. Initial reports were first unconfirmed, but his brother later announced on his Twitter account the confirmed dead of al-Kuntar. Samir al-Kuntar spent 29 years in Israeli prisons, and was released on July 16 2008, under a prisoner-swap agreement reached through negotiation between Hezbollah and the Israeli government through a third party. As part of the agreement, Israel released al-Kuntar and four other Hezbollah members, who were taken prisoner during the July 2006 war between Hezbollah and Israel, in which Israeli troops invaded and bombed Southern Lebanon, and Hezbollah fired rockets across the border into Israel. Hezbollah is the leading party in southern Lebanon, and has a fighting force that works to deflect further Israeli invasions into Lebanon.
  • The 2008 agreement also included the transfer of the remains of 199 fighters, including Palestinian and Lebanese fighters, in exchange for Hezbollah releasing the remains of Israeli soldiers killed during the war. Retired Israeli major general and current Member of Knesset (Parliament) with the Zionist Union party, Major. Gen. Eyal Ben-Reuven, hailed the reports of the assassination, and said that the Air Force and all others involved in the incident “should be commended for the successful operation.” Ben-Reuven, the former head of the Northern Command on the Israeli army, said the Israeli government is preparing for retaliatory attacks by Hezbollah. Israel held al-Kuntar responsible for the April 22nd 1979 attack that led to the death of four Israelis: a police officer, an Israeli civilian and his 4-year-old daughter, while the man’s other daughter, 2, was accidentally suffocated by her mother, while trying to keep her quiet. The attackers allegedly kidnapped the family in Nahariya and took them to a beach, then tried to load their hostages on a rubber boat.
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  • Israeli police decided to attack with full force instead of attempting to negotiate, and the father of the family and a police officer were killed. The 4-year old was killed when her head hit a rock during the scuffle. Two fighters, identified as Abdul-Majid Aslan and Moayyad Mhanna, were killed, while al-Kuntar and Ahmad al-Abrass were captured. Al-Abrass was later released, along with 1150 detainees, in a prisoner swap agreement, led by the Popular Front for the Liberation of Palestine – General Command (PFLP-GC). After capturing al-Kuntar, an Israeli court sentenced him to five life-terms, Upon his release in the prisoner swap deal, he returned to Lebanon and joined Hezbollah, then went on to live in Syria.
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    More Israeli impunity to international law.
Paul Merrell

Gina Haspel CIA Torture Cables Declassified | National Security Archive - 0 views

  • Current CIA director Gina Haspel described graphic acts of deliberate physical torture including the waterboarding of a suspected Al-Qa’ida terrorist under her supervision when she was chief of base at a CIA black site in Thailand in 2002, according to declassified CIA cables – most of which she wrote or authorized – obtained by the National Security Archive through a Freedom of Information Act lawsuit and posted on the Web today. The Haspel cables detail conditions the public has only seen in the infamous Abu Ghraib photographs from Iraq of detainees hooded and shackled, forced nudity, wall slamming, and box confinement, as well as “enhanced techniques” never photographed such as the simulated drowning of suspects on the waterboard. Waterboarding is a war crime under both U.S. and international law, dating back to U.S. prosecution of Japanese solders for torturing U.S. POWs during World War II.[1]
Paul Merrell

MoA - Trump Votes For Rexit - Torture Queen Will Head CIA - (Updated) - 0 views

  • The new CIA director Gina Haspel is well known for actively directing and participating in the torture of prisoners at 'black sites': Beyond all that, she played a vital role in the destruction of interrogation videotapes that showed the torture of detainees both at the black site she ran and other secret agency locations. The concealment of those interrogation tapes, which violated multiple court orders as well as the demands of the 9/11 commission and the advice of White House lawyers, was condemned as “obstruction” by commission chairs Lee Hamilton and Thomas Keane. Haspel would be in jail if former president Barack Obama had not decided against prosecuting the CIA torture crimes. Torturing prisoners is a war crime. Obstruction of courts and destruction of evidence are likewise crimes.
Paul Merrell

Exclusive: As Saudis bombed Yemen, U.S. worried about legal blowback | Reuters - 0 views

  • The Obama administration went ahead with a $1.3 billion arms sale to Saudi Arabia last year despite warnings from some officials that the United States could be implicated in war crimes for supporting a Saudi-led air campaign in Yemen that has killed thousands of civilians, according to government documents and the accounts of current and former officials.State Department officials also were privately skeptical of the Saudi military's ability to target Houthi militants without killing civilians and destroying "critical infrastructure" needed for Yemen to recover, according to the emails and other records obtained by Reuters and interviews with nearly a dozen officials with knowledge of those discussions.U.S. government lawyers ultimately did not reach a conclusion on whether U.S. support for the campaign would make the United States a "co-belligerent" in the war under international law, four current and former officials said. That finding would have obligated Washington to investigate allegations of war crimes in Yemen and would have raised a legal risk that U.S. military personnel could be subject to prosecution, at least in theory.
  • For instance, one of the emails made a specific reference to a 2013 ruling from the war crimes trial of former Liberian president Charles Taylor that significantly widened the international legal definition of aiding and abetting such crimes.The ruling found that "practical assistance, encouragement or moral support" is sufficient to determine liability for war crimes. Prosecutors do not have to prove a defendant participated in a specific crime, the U.N.-backed court found.Ironically, the U.S. government already had submitted the Taylor ruling to a military commission at Guantanamo Bay, Cuba, to bolster its case that Khalid Sheikh Mohammed and other al Qaeda detainees were complicit in the Sept 11, 2001 attacks.The previously undisclosed material sheds light on the closed-door debate that shaped U.S. President Barack Obama’s response to what officials described as an agonizing foreign policy dilemma: how to allay Saudi concerns over a nuclear deal with Iran - Riyadh's arch-rival - without exacerbating a conflict in Yemen that has killed thousands.The documents, obtained by Reuters under the Freedom of Information Act, date from mid-May 2015 to February 2016, a period during which State Department officials reviewed and approved the sale of precision munitions to Saudi Arabia to replenish bombs dropped in Yemen. The documents were heavily redacted to withhold classified information and some details of meetings and discussion.(A selection of the documents can be viewed here: tmsnrt.rs/2dL4h6L; tmsnrt.rs/2dLbl2S; tmsnrt.rs/2dLb7Ji; tmsnrt.rs/2dLbbIX)
  • In a statement issued to Reuters before Saturday's attack, National Security Council spokesman Ned Price said, "U.S. security cooperation with Saudi Arabia is not a blank check. ... We have repeatedly expressed our deep concern about airstrikes that allegedly killed and injured civilians and also the heavy humanitarian toll paid by the Yemeni people."The United States continues to urge the Kingdom to take additional steps to avoid "future civilian harm," he added.
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