Guantánamo lawyers deny colluding with judge in key 9/11 case

The Guardian reports: The military lawyers prosecuting the self-proclaimed architect of the 9/11 attacks have struck back against accusations that they colluded with a military judge to destroy evidence relevant to Khalid Sheikh Mohammed’s defense.

In the latest sign that the US’s premier military commission at Guantánamo Bay is becoming what one observer likened to a “schoolyard brawl”, the prosecutors said Mohammed’s attorneys had cynically pursued a “scorched-earth litigation strategy” that involves “batter[ing] the reputation” of the army colonel presiding over the case.

In a 24 May military commissions filing recently unsealed to the public, the prosecution accuses Mohammed’s defense team of bad faith and shoddy lawyering and says the true goal of its counterparts was to destroy the credibility of the controversial military trial system.

Yet in the filing, the chief commissions prosecutor, Brigadier General Mark Martins, and his team elide the central charge in the controversy: the destruction of evidence in a death penalty case.

Last month, Mohammed’s attorneys leveled the extraordinary allegation that military judge and army colonel James Pohl had secretly issued an order permitting the government to destroy evidence that he had earlier publicly agreed to preserve. While extensive classification rules render central facts in the case difficult to conclusively determine, other rulings suggest the evidence in question concerns Mohammed’s torture by the CIA at secret prisons. [Continue reading…]

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Prisoner’s letters document tragedy and hope inside Guantánamo

The Intercept reports: On April 16, the Department of Defense issued a short press release announcing that Mohammed al-Hamiri, a Yemeni citizen held at Guantánamo Bay, had been transferred for release. Hamiri had been incarcerated at Guantánamo since 2002, when he was detained by American forces. First taken into custody at the age of 19, Hamiri spent more than a third of his life at the prison. During that time, he was never charged with any crime.

Writing was one of Hamiri’s greatest comforts during the 13 long years he spent at Guantánamo. Hamiri’s letters and other personal writings were cleared for release earlier this year through the work of lawyers at the Center for Constitutional Rights. The letters reflect an enduring sense of hope, love for family and friends, and a remarkably poetic imagination.

Hamiri’s release this week represents the start of a new chapter in his life, one he has spent years waiting for with both hope and trepidation. His writings from Guantánamo offer a glimpse into what the prospect of freedom meant to him during his long imprisonment. “I do not know why I am writing these words, and I do not know if my letters and my words are going to be read by eyes that know the meaning of justice,” he reflected recently, writing that prison had given him “no voice other than this pen with which to write a painful memory from the pages of my life.” [Continue reading…]

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Karen Greenberg: No justice at Gitmo

With only nine months to go, in the fashion of modern presidents, Barack Obama is already planning his post-presidential library, museum, and foundation complex.  Such institutions only seem to grow more opulent and imperial as the years and administrations pass.  Obama’s will reportedly leave the $300 million raised for George W. Bush’s version of the same in the dust.  The aim is to create at least an $800 million and possibly billion-dollar institution.  With his post-Oval Office future already in view and his presidency nearly history, his “legacy” has clearly been on his mind of late. And when it comes to foreign policy, he definitely has some accomplishments to brag about.  The two most obvious are the Iran nuclear deal and the opening to Cuba.  In their own ways, both could prove game changers, breaking with venomous relations that lasted, in the case of Iran, for more than three and a half decades, and in the case of Cuba, for more than half a century.

You can already imagine the exhibits celebrating them at the Barack Obama Presidential Center to be built on the south side of Chicago.  But it’s hard not to wonder how that institution will handle the three major foreign policy promises the new president made in the distant days of 2008-2009.  After all, he was, in part, swept into the presidency on a blunt promise to end George W. Bush’s catastrophic war in Iraq.  (“So when I am Commander-in-Chief, I will set a new goal on Day One: I will end this war.”)  Nine years later, he’s once again taken this country into the Big Muddy of an Iraq War, either the third or fourth of them in the last five presidencies (depending on whether you count the Reagan administration support for Saddam Hussein’s war with Iran in the 1980s).  At this moment, having just dispatched B-52s, the classic Vietnam-era carpet-bombing plane of choice (Ted Cruz must be thrilled!) to Qatar as part of that war effort, and being on a mission-creep path ever deeper into what can only be called the Iraq quagmire, we’re likely to be talking about a future museum exhibit from hell.

But it won’t begin to match the special exhibit that will someday undoubtedly explore the president’s heartfelt promise to work to severely curtail the American and global nuclear arsenals and put the planet on a path to — a word that had never previously hovered anywhere near the Oval Office — nuclear abolition.  The president’s disarmament ambitions were, in fact, significantly responsible for his 2009 Nobel Prize, an honor that almost uniquely preceded any accomplishments.  Now, the same man is presiding over a planned three-decade, trillion-dollar renovation and modernization of that same arsenal, including the development of an initial generation of “smart” nukes, potentially first-use weapons.  It’s certainly been a unique path for our first outright anti-nuclear president to take and deserves a special place of (dis)honor at the future Obama center.

Barring surprising developments in the coming months, however, no exhibit is likely to be more striking or convoluted than the one that will have to be dedicated to the “closing” of Guantánamo, the notorious offshore, Bush-era prison camp.  After all, as TomDispatch regular Karen Greenberg, author of Rogue Justice: The Making of the Security State, a striking soon-to-be-published anatomy of post-9/11 national security state mania, points out today, the closing of Guantánamo within a year represented one of the president’s first promises on entering the Oval Office.  Unless somehow he succeeds in shutting Gitmo down over fierce Republican congressional opposition in these final months, it could prove the pièce de résistance of his future museum. Tom Engelhardt

Still in the Bush embrace
What really stands in the way of closing Guantánamo
By Karen J. Greenberg

Can you believe it?  We’re in the last year of the presidency of the man who, on his first day in the Oval Office, swore that he would close Guantánamo, and yet it and everything it represents remains part of our all-American world. So many years later, you can still read news reports on the ongoing nightmares of that grim prison, ranging from detention without charge to hunger strikes and force feeding. Its name still echoes through the halls of Congress in bitter debate over what should or shouldn’t be done with it. It remains a global symbol of the worst America has to offer.

[Read more…]

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Pentagon thwarts Obama’s effort to close Guantanamo

Reuters reports: In September, U.S. State Department officials invited a foreign delegation to the Guantanamo Bay detention center to persuade the group to take detainee Tariq Ba Odah to their country. If they succeeded, the transfer would mark a small step toward realizing President Barack Obama’s goal of closing the prison before he leaves office.

The foreign officials told the administration they would first need to review Ba Odah’s medical records, according to U.S. officials with knowledge of the episode. The Yemeni has been on a hunger strike for seven years, dropping to 74 pounds from 148, and the foreign officials wanted to make sure they could care for him.

For the next six weeks, Pentagon officials declined to release the records, citing patient privacy concerns, according to the U.S. officials. The delegation, from a country administration officials declined to identify, canceled its visit. After the administration promised to deliver the records, the delegation traveled to Guantanamo and appeared set to take the prisoner off U.S. hands, the officials said. The Pentagon again withheld Ba Odah’s full medical file.

Today, nearly 14 years since he was placed in the prison and five years since he was cleared for release by U.S. military, intelligence and diplomatic officials, Ba Odah remains in Guantanamo. [Continue reading…]

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Guantánamo Bay lawyers call bluff on Obama’s promise to close prison

The Guardian reports: Lawyers representing Guantánamo Bay detainees who have been held at the camp in Cuba for up to 14 years without charge or trial have accused President Obama of stalling on his promise to close the military prison.

As the US president enters his final year in office, pressure is mounting on him to stand by his pledge to shut down the detention center by the time he leaves the White House. Numerous defense lawyers working directly with Guantánamo detainees have told the Guardian that they hold Obama and his senior officials personally responsible for the lack of action.

Obama made his vow to close Guantánamo within a year on his second day in the White House in 2009. In recent months, he has stepped up the rhetoric, promising to redouble efforts to close the prison while also heavily criticising the Republican-controlled Congress for blocking moves to transfer prisoners out of the prison to the US mainland. [Continue reading…]

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‘I have become a body without a soul’: 14 years detained in Guantánamo

Pardiss Kebriaei writes: I feel like there is a heavy weight on my chest – it’s as if I’m breathing through a needle hole. And then I ask myself, “If I write or say something, is anybody going to listen to me? Is it really going to make any difference?”

Zaher Hamdoun is a 36-year-old Yemeni man who has been detained in Guantánamo without charge since he was 22, one of 116 prisoners still detained there six years after Obama promised to close the facility. After I visited him earlier this summer, he followed up with a letter filled with questions.

Will there be a day when I will live like others live? Like a person who has freedom, dignity, a home, a family, a job, a wife and children?

Hamdoun is not among the 52 men approved for transfer from Guantánamo, nor is he in a dwindling group of detainees the government plans to charge. He is in a nebulous middle category of people the Obama administration has determined it is not going to charge but doesn’t know if it is ever going to release. [Continue reading…]

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Only three of 116 Guantánamo detainees were captured by U.S. forces

The Guardian reports: Only three of the 116 men still detained at Guantánamo Bay were apprehended by US forces, a Guardian review of military documents has uncovered.

The foundations of the guilt of the remaining 113, whom US politicians often refer to as the “worst of the worst” terrorists, involves a degree of faith in the Pakistani and Afghan spies, warlords and security services who initially captured 98 of the remaining Guantánamo population.

According to an analysis of long-neglected US military capture information, 68 of the residual Guantánamo detainees were captured by Pakistani security forces or apparent informants. Another 30 were sent to the notorious wartime facility by forces from Afghanistan – mostly warlords and affiliates of early US efforts to topple the Taliban after 9/11. [Continue reading…]

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The Pentagon ignores Obama’s order to release Shaker Aamer from Guantánamo

Clive Stafford Smith writes: Recent history demonstrates that if President Barack Obama, arguably the most powerful person on planet Earth, wants to prioritize almost anything – from pardoning 46 convicted drug felons to bombing a foreign country without the consent of Congress – little can stand in his way. Why, then, is Shaker Aamer not home in London with his wife and four children?

Aamer is the last British resident to be detained without trial in Guantánamo Bay and he has never been charged with a single offense. In 2007, he was cleared for release by the Bush Administration; in 2009, six US intelligence agencies unanimously agreed that Shaker should be released. In January 2015, British Prime Minster David Cameron personally raised Shaker’s plight with President Obama, who promised that he would “prioritize” the case.

On Thursday, we came a little closer to understanding the reason that Aamer’s youngest child, Faris – who was born on Valentine’s Day 2002, the day that Aamer was rendered to the detention center at Guantánamo Bay – has never even met his father. The Guardian revealed that “the Pentagon [is] blocking Guantánamo deals to return Shaker Aamer and other cleared detainees.” President Obama, it seems, has personally ordered Aamer’s release, and his subordinates have ignored and thwarted his order. [Continue reading…]

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The Pentagon is keeping half of Gitmo locked up — against the White House’s wishes

The Daily Beast reports: The White House wants to quickly cut the number of detainees at Guantánamo Bay. One man is standing in the way: President Obama’s Defense Secretary, Ash Carter.

Carter and the White House are increasingly at odds about how to whittle down the number of detainees held in Guantánamo Bay, hampering the administration’s push to close the detention center by the end of its term.

The White House believes that Carter is unwilling to be accountable for the transfer of Guantánamo detainees and their conduct post-release, even to the point of defying the president’s policy on the detention facility, a White House source told The Daily Beast. [Continue reading…]

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Obama’s plan for Guantánamo is seen faltering

The New York Times reports: President Obama is enjoying a winning streak lately, with the Supreme Court reaffirming his signature health care law and Iran agreeing to curbs on its nuclear program. But one longstanding goal continues to bedevil him: closing the wartime prison at Guantánamo Bay, Cuba.

The administration’s fitful effort to shut down the prison is collapsing again. Ashton B. Carter, in his first six months as defense secretary, has yet to make a decision on any newly proposed deals to transfer individual detainees. His delay, which echoes a pattern last year by his predecessor, Chuck Hagel, is generating mounting concern in the White House and State Department, officials say.

Last week, Mr. Obama’s national security adviser, Susan E. Rice, convened a cabinet-level “principals committee” meeting on how to close the prison before the president leaves office in 18 months. At that meeting, Mr. Carter was presented with an unsigned National Security Council memo stating that he would have 30 days to make decisions on newly proposed transfers, according to several officials familiar with the internal deliberations. [Continue reading…]

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CIA photos of ‘black sites’ could complicate Gitmo trials

The Washington Post reports: 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.

Defense attorneys said they have not yet been informed about the photographs and said it is unacceptable that they should come to light now, more than three years after the arraignment of Khalid Sheik Mohammed and four other defendants accused of planning the Sept. 11, 2001, attacks. [Continue reading…]

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A rebuke to military tribunals

An editorial in the New York Times says: In 2008, Ali al-Bahlul, a propagandist for Al Qaeda who has been held at Guantánamo Bay, Cuba, since early 2002, was convicted by the military tribunal there and sentenced to life in prison. But officials had no evidence that Mr. Bahlul was involved in any war crimes, so they charged him instead with domestic crimes, including conspiracy and material support of terrorism.

Last Friday, a panel of the federal appeals court in Washington, D.C., reversed Mr. Bahlul’s conspiracy conviction because, it said, the Constitution only permits military tribunals to handle prosecutions of war crimes, like intentionally targeting civilians. (The court previously threw out the other charges on narrower grounds.)

The 2-1 decision, by Circuit Judge Judith Rogers, was a major rebuke to the government’s persistent and misguided reliance on the tribunals, which operate in a legal no man’s land, unconstrained by standard constitutional guarantees and rules of evidence that define the functioning of the nation’s civilian courts. [Continue reading…]

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