Life Sentence for Sulaiman Abu Ghaith Discredits Guantánamo’s Military Commissions

On Tuesday, in a courtroom in New York City, a long-running chapter in the “war on terror” came to an end, when Sulaiman Abu Ghaith, 48, a Kuwaiti-born cleric who appeared in media broadcasts as a spokesman for Al-Qaeda the day after the terrorist attacks of September 11, 2001, received a life sentence based on the three counts for which he was convicted after his trial in March: conspiracy to kill Americans, providing material support to terrorists and conspiring to provide material support to terrorists.

The life sentence came as no surprise, as it is permissible for the main conspiracy charge, although Abu Ghaith’s lead defense lawyer, Stanley L. Cohen, had, as the New York Times described it, “sought a sentence of 15 years, saying in a court submission that his client was facing ‘the harshest of penalties for talk — and only talk.'” The Times added that Cohen had likened Abu Ghaith to “an outrageous daytime ‘shock-radio’ host, or a World War II radio propagandist for a losing ideology.”

In court, as the Times also noted, Cohen “emphasized that his client had played no role in specific acts of terrorism,” but the government had argued otherwise, stating in a sentencing memorandum that there was “no fathomable reason to justify a sentence other than life.” Read the rest of this entry »

Please Read Tom Wilner’s Op-Ed About the Bowe Bergdahl/Taliban Prisoner Swap

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

It has been almost three weeks now since President Obama announced that five Taliban prisoners had been released from Guantánamo in exchange for Sgt. Bowe Bergdahl, the sole US prisoner of war in Afghanistan, but the fallout from that prisoner exchange continues to cast a shadow over grown-up discussions about why the prison must be closed, and why every day that it remains open is a profound shame.

Below is an op-ed by Tom Wilner, the co-founder of the  “Close Guantánamo” campaign, which was recently published on the Warscapes website, following up on articles by Andy Worthington, the other co-founder of the “Close Guantánamo” campaign, on PolicyMic, here and for Al-Jazeera.

The response to the prisoner exchange — which has been cynical, opportunistic and disgraceful — is well exposed by Tom in his article, in which he reminds readers of the limits of the detention powers used at Guantánamo (the Authorization for Use of Military Force), with particular reference to the Supreme Court’s ruling about detention powers, back in June 2004, when Justice Sandra Day O’Connor ruled that the US “may detain, for the duration of these hostilities, individuals legitimately determined to be Taliban combatants who ‘engaged in an armed conflict against the United States.’” Read the rest of this entry »

Please Read My Latest Article About Guantánamo for Al-Jazeera, “Is Bowe Bergdahl Worth Five Taliban Prisoners?”

Dear friends and supporters,

I hope you have time to read my latest article for Al-Jazeera, “Is Bowe Bergdahl Worth Five Taliban Prisoners?” in which I provide an overview of the manufactured outrage over the last two weeks regarding the Obama administration’s release, in Qatar, of five Taliban prisoners in Guantánamo for Sgt. Bowe Bergdahl, the sole US prisoner of war in Afghanistan, with particular reference to defense secretary Chuck Hagel’s appearance at a whistle Congressional hearing last week, in which he nevertheless defended the administration’s position.

Please like the article, share it, and tweet it if you find it useful.

As I explain, “lawmakers, with support from large parts of the media, have been waging a sustained attack on the Obama administration … accusing both the president and defence secretary Chuck Hagel of recklessness, incompetence and breaking the law in relation to the exchange.” Read the rest of this entry »

Sulaiman Abu Ghaith’s Unexpected Testimony in New York Terrorism Trial

On Wednesday, Sulaiman Abu Ghaith (also identified as Sulaiman Abu Ghayth), the Kuwaiti cleric who is on trial in New York accused of terrorism, surprised the court by taking to the witness stand to defend himself.

Abu Ghaith, 48, who was held for over ten years under a form of house arrest in Iran before being freed in Turkey, and, via Jordan, ending up in US custody last year, appeared in broadcasts from Afghanistan immediately after the 9/11 attacks as a spokesman for Al-Qaeda.

He is charged with conspiracy to kill United States nationals, conspiracy to provide material support and resources to terrorists, and providing material support and resources to terrorists — charges that include the claim that he had knowledge of Al-Qaeda’s operations, including plots involving shoe bombs (for which a British man, Richard Reid, was arrested, tried and convicted in 2002). As the New York Times described it, the government “said in court papers that as part of his role in the conspiracy and the support he provided to Al Qaeda, Mr. Abu Ghaith spoke on behalf of the terrorist group, ‘embraced its war against America,’ and sought to recruit others to join in that conspiracy.” Read the rest of this entry »

Guantánamo, Where Unsubstantiated Suspicion of Terrorism Ensures Indefinite Detention, Even After 12 Years

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Last week, in a decision that I believe can only be regarded objectively as a travesty of justice, a Periodic Review Board (PRB) at Guantánamo — consisting of representatives of six government departments and intelligence agencies — recommended that a Yemeni prisoner, Abdel Malik al-Rahabi (aka Abd al-Malik al-Rahabi), should continue to be held. The board concluded that his ongoing imprisonment “remains necessary to protect against a continuing significant threat to the security of the United States.”

In contrast, this is how al-Rahabi began his statement to the PRB on January 28:

My family and I deeply thank the board for taking a new look at my case. I feel hope and trust in the system. It’s hard to keep up hope for the future after twelve years. But what you are doing gives me new hope. I also thank my personal representatives and my private counsel, and I thank President Obama. I will summarize my written statement since it has already been submitted to the board. Read the rest of this entry »

US Military Admits Only 2.5 Percent of All Prisoners Ever Held at Guantánamo Will Be Tried

So it’s official, then. Eleven and a half years after the “war on terror” prison opened at Guantánamo, the maximum number of prisoners that the US military intends to prosecute, or has already prosecuted, is 20 — or just 2.5 percent of the 779 men held at the prison since it opened in January 2002.

The news was announced on Monday June 10 by Army Brig. Gen. Mark Martins, the chief prosecutor for the military commissions at Guantánamo, and it is a humiliating climbdown for the authorities.

When President Obama appointed an inter-agency task force to review the cases of the remaining Guantánamo prisoners, which issued its report in January 2010, the task force recommended that 36 of the remaining prisoners should be tried.

Just five of the 36 have since been to trial — one in the US, and four through plea deals in their military commissions at Guantánamo. Another man — Ali Hamza al-Bahlul — had already been tried and convicted, in the dying days of George W. Bush’s second term, and two others had been sent home after their trials — David Hicks after a plea deal in March 2007, and Salim Hamdan after a trial in July 2008 — making a total of 39 prosecutions, or intended prosecutions, after eleven and a half years of the prison’s existence. That was just 5 percent of the men held throughout Guantánamo’s history, but now that figure, which was, in itself, an extremely poor reflection on the efficacy of the prison and its relationship to any acceptable notions of justice, has been halved.

As Reuters described it, Brig. Gen. Martins explained that the number set by the task force was “ambitious” in light of two rulings last October and in January this year by judges in the court of appeals in Washington D.C. Read the rest of this entry »

Eloquent But Unconvincing: President Obama’s Response to the Guantánamo Hunger Strike

On Tuesday, President Obama gave his first detailed response to the prison-wide hunger strike that has been raging at Guantánamo for twelve weeks, responding to a question posed at a news conference by CBS News correspondent Bill Plante, who asked, “As you’re probably aware, there’s a growing hunger strike at Guantánamo Bay among prisoners. Is it any surprise really that they would prefer death rather than have no end in sight to their confinement?”

The question, presumably, was allowed because the President had decided that he could no longer avoid discussing the hunger strike that, at any moment, could result in the death of one of the many men starving themselves to focus the world’s attention on their plight. According to the government, 100 men of the remaining 166 prisoners are on a hunger strike, although the prisoners say the true number is 130.

Precipitated by the deployment of a new and aggressive guard force at Guantánamo, who manhandled the prisoners’ Korans during searches of the men’s cells that were of unusual intensity, the hunger strike began on February 6 and rapidly became a focal point for the prisoners’ despair at having been abandoned by all three branches of the US government, and by the mainstream media.

Although 86 of the remaining prisoners were cleared for release from Guantánamo by an inter-agency task force that President Obama established when he took office in January 2009 (when he promised to close Guantánamo within a year), they are still held because of obstructions raised by the President himself, and by Congress. Read the rest of this entry »

Another Torture Victim on Trial at Guantánamo

In the last two weeks, the “war on terror” prison at Guantánamo Bay enjoyed a brief resurgence of interest as pre-trial hearings took place in the cases of Khalid Sheikh Mohammed and four other men accused of directing and supporting the terrorist attacks on September 11, 2001, and in the case of Abd al-Rahim al-Nashiri, a Saudi national accused of masterminding the attack on the USS Cole off the coast of Yemen in October 2000, in which 17 US sailors were killed, when suicide bombers blew up a bomb-laden boat beside the warship.

Guantánamo has largely been ignored during the Presidential election campaign, even though 166 men still languish there, and over half of them — 86 men in total — have been cleared for release for at least three years (although in many cases for far longer), and one of these men — Adnan Latif, a Yemeni — died in September, eight years after the authorities first decided that they had no interest in holding him any longer.

The ongoing detention of these men ought to be a major news story, but instead it is generally overlooked, and the media’s attention is largely reserved for pre-trial hearings in the cases of the men mentioned above, even though these hearings are generally inconclusive, and involve prosecutors following the government’s position — which focuses on hiding all mention of torture by US forces — while the prisoners’ defense teams argue that justice cannot be delivered if the torture of these men is not mentioned. Read the rest of this entry »

Why Does the Government So Desperately Want Indefinite Detention for Terror Suspects?

What is the government doing? Last year, when Congress passed the National Defense Authorization Act (NDAA), with its contentious passages endorsing the mandatory military detention of terror suspects, there was uproar across the political spectrum from Americans who believed that it would be used on US citizens.

In fact, it was unclear whether or not this was the case. The NDAA was in many ways a follow-up to the Authorization for Use of Military Force, passed by Congress the week after the 9/11 attacks, which authorized the President “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

As confirmed by the Supreme Court in June 2004, in Hamdi v. Rumsfeld, the NDAA also allowed those seized — who were allegedly involved with al-Qaeda and/or the Taliban — to be held until the end of hostilities. The AUMF was, and remains the basis for the detention of prisoners at Guantánamo, but on two occasions President Bush decided that it applied to US citizens — in the cases of Jose Padilla and Yaser Hamdi, who were held on US soil as “enemy combatants” and subjected to torture. Read the rest of this entry »

US Honors Deal to Release Convicted Bin Laden Cook from Guantánamo to Sudan; 87 Cleared Men Still Await Release

Getting out of Guantánamo is such a feat these days (with just three men released in the last 18 months) that it is remarkable that Ibrahim al-Qosi, a Sudanese prisoner who agreed to a plea deal at his war crimes trial in Guantánamo in July 2010, guaranteeing that he would be freed after two years, has been repatriated as promised. 168 prisoners now remain in Guantánamo.

With a typical disregard for the principle that a prisoner — any prisoner — must be freed when their sentence comes to an end, the US has maintained, since the “war on terror” began nearly 11 years ago, that prisoners at Guantánamo can continue to be held after their sentence has come to an end, and be returned to the general population as “enemy combatants,” even though President Bush failed to do this when he had the opportunity — with Salim Hamdan, a driver for Osama bin Laden who was freed after serving a five-month sentence handed down after his military trial in 2008.

A source with knowledge of al-Qosi’s case, who does not wish to be identified, told me that the Obama administration was unwilling to detain al-Qosi after his sentence came to an end, and I believe that one of the reasons that the President negotiated a waiver to the provisions in the National Defense Authorization Act, allowing him to bypass restrictions on releasing prisoners that were imposed by Congress, was to prevent Republicans from trying to force him to continue holding al-Qosi. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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