Torture: The Bush Administration on Trial

Law-abiding US citizens have been appalled that Jose Rodriguez, the director of the CIA’s National Clandestine Service until his retirement in 2007, was invited onto CBS’s “60 Minutes” program last weekend to promote his book Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, in which he defends the use of torture on “high-value detainees” captured in the Bush administration’s “war on terror,” even though that was — and is — illegal under US and international law.

Rodriguez joins an elite club of war criminals — including George W. Bush, Dick Cheney and Donald Rumsfeld — who, instead of being prosecuted for using torture, or authorizing its use, have, instead, been allowed to write books, go on book tours and appear on mainstream TV to attempt to justify their unjustifiable actions.

All claim to be protected by the “golden shield” offered by their inside man, John Yoo, part of a group of lawyers who aggressively pushed the lawlessness of the “war on terror.” Abusing his position as a lawyer in the Justice Department’s Office of Legal Counsel, whose mandate is to provide impartial legal advice to the executive branch, Yoo instead attempted to redefine torture and approved its use — including the use of waterboarding, an ancient torture technique and a form of controlled drowning — on an alleged “high-value detainee,” Abu Zubaydah, in two memos, dated August 1, 2002, that will forever be known as the “torture memos.” Read the rest of this entry »

The Permanent Injustice of Guantánamo

Last summer, I wrote an article reviewing ten years of Guantánamo for the Future of Freedom Foundation, for whom I write a weekly column for their online Email Update. This article, however, was for their monthly magazine, Freedom Daily. It was published in the January 2012 issue, to coincide with the 10th anniversary of the opening of Guantánamo on January 11, 2012, and was published online on April 12, and I’m cross-posting it here in the hope that it will provide other readers with an understanding of the depth of the lawlessness that has prevailed at Guantánamo for the last ten years.

The Permanent Injustice of Guantánamo
By Andy Worthington, Freedom Daily, January 2012

When the prison at Guantánamo Bay, Cuba opened on January 11, 2002 as part of the Bush administration’s global “war on terror,” in response to the terrorist attacks of September 11, 2001, it was not immediately apparent that it was a dangerous aberration from recognized laws and treaties that would tarnish America’s name forever.

There had been hints that this was the case — primarily, the fact that a war had been declared when a crime had taken place, and the military order issued by the President in November 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” in which he stated that members of al-Qaeda or those who harbored them could be held by the US military and, if required, subjected to military trials.

Also worrying, when Guantánamo opened, were the photos of the first prisoners to arrive at the prison, shackled in orange jumpsuits, and subjected to sensory depravation, with their eyes and ears closed with blackout goggles and headphones. The photos shocked many of America’s supporters, if not Americans themselves, who were used to orange jumpsuits from their domestic prisons, and had been primed relentlessly since the 9/11 attacks to enthuse over Wild West-style vengeance, and not to ask too many questions. Read the rest of this entry »

For the Last Two Kuwaiti Prisoners in Guantánamo, US Relies on Unreliable Witnesses and Experts Find Evidence Unconvincing

171 men are still held in the “war on terror” prison at Guantánamo Bay, even though an interagency task force established by President Obama concluded over two years ago that 89 of them should be released. However, it is now 15 months since the last prisoner left Guantánamo alive, and as the long struggle to resume the release of prisoners from the prison continues, attention has focused on a number of specific cases: on Shaker Aamer, the last British resident in Guantánamo (please sign the UK petition and/or the international petition); on five Taliban leaders and the negotiations to release them as part of the Afghan peace process (or part of a prisoner swap); on Omar Khadr, the Canadian former child prisoner who was supposed to be released last November according to a plea deal he agreed the year before; and on the last two Kuwaitis, Fayiz al-Kandari and Fawzi al-Odah.

I have written extensively about Fayiz and Fawzi at various times in the last five years, and in February was delighted to be invited to Kuwait to step up the campaign to secure their release, which I wrote about here and here. I also posted videos of the Kuwaiti TV show that I took part in with Tom Wilner, my colleague in the new “Close Guantánamo” campaign and the US civilian lawyer for Fayiz and Fawzi. I was also there with Lt. Col. Barry Wingard, the military defense attorney for Fayiz, and I met Adel AbdulHadi and Sanabil Jafar of the Al-Oula Law Firm, which represents Fayiz in Kuwait, and Khalid al-Odah, the father of Fawzi al-Odah, and the head of the long-established Kuwaiti Freedom Project.

I was also delighted to meet Jenifer Fenton, a journalist who has become fascinated by the Kuwaitis’ story in the last year or so, and has been undertaking the kind of research and investigations that, in general, have been sorely lacking in the mainstream media. Last week, I cross-posted the first of two articles that she wrote following our visit, based on interviews with former prisoners, and published on Al-Jazeera’s website, and I’m now cross-posting the second article, analyzing the weakness of the supposed evidence against Fayiz and Fawzi. Read the rest of this entry »

Ten Years of Torture: On Anniversary of Abu Zubaydah’s Capture, Poland Charges Former Spy Chief Over “Black Site”

Ten years ago, on the evening of March 28, 2002, the Bush administration officially embarked on its “high-value detainee” program in the “war on terror” that had been declared in the wake of the terrorist attacks on September 11, 2001, when Zayn al-Abidin Muhammad Husayn (more commonly identified as Abu Zubaydah), was captured in a house raid in Faisalabad, Pakistan.

For the next four and half years, Abu Zubaydah, described on his capture as a senior al-Qaeda operative, was held in secret prisons run by the CIA, until, with 13 other “high-value detainees,” he was moved to Guantánamo, in September 2006, where he remains to this day.

After his capture, Abu Zubaydah was taken to a secret prison in Thailand, and it was there, in August 2002, that he was subjected to an array of torture techniques, including waterboarding (an ancient form of torture, which involves controlled drowning). The torture allegedly only began after John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel, which is supposed to provide impartial advice to the executive branch, wrote two memos (the “torture memos,” signed by his boss, Jay S. Bybee), which purported to redefine torture, and authorized the CIA to use ten techniques — including waterboarding — on Zubaydah. He was subsequently waterboarded 83 times. Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part Three of Ten)

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will hopefully be completed later this year, although that is contingent on finding new funding.

This is Part 33 of the 70-part series. 411 stories have now been told. See the entire archive here.

In late April last year, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released. Read the rest of this entry »

How to Leave Guantánamo: Via a Plea Deal, or In A Coffin

Guantánamo briefly emerged from the shadows on Wednesday, when Majid Khan, a Pakistani national described as one of 14 “high-value detainees” when he arrived at Guantánamo in September 2006, after three and a half years in secret CIA prisons, appeared in public for the first time since his capture almost nine years ago.

Khan, now 32, pleaded guilty to five charges — conspiracy, murder and attempted murder in violation of the law of war, providing material support for terrorism and spying — as part of a plea deal designed to help him avoid spending the rest of his life imprisoned, and to help the US authorities to prosecute other “high-value detainees” also held in Guantánamo.

A resident of Baltimore from 1996 onwards, Khan was granted asylum in 1998, graduated from high school in 1999, and was working in computing when, in January 2002, he traveled to Pakistan, was introduced to Khalid Sheikh Mohammed, the “high-value detainee” who stated in his tribunal at Guantánamo in 2007 that he was the mastermind of the 9/11 attacks, and apparently became involved with al-Qaeda until his capture at his home in Karachi on March 5, 2003. Read the rest of this entry »

As the Underwear Bomber Receives a Life Sentence in Federal Court, Lawmakers’ Obsession with Military Trials Looks Idiotic

Last Thursday, February 16, Umar Farouk Abdulmutallab, the so-called “underwear bomber,” received a life sentence in a courtroom in Detroit. Abdulmutallab, a Nigerian, had tried and failed to blow up a plane bound for Detroit on Christmas Day 2009, receiving serious burns when the bomb failed to detonate.

After he was apprehended, he was read his Miranda rights, and interrogated non-coercively by the FBI, but this was not acceptable to supporters of torture, who proceeded to demonstrate that a new phase of fearmongering and paranoia was opening up in what should, by then, have been the dying days of the “war on terror.”

In this new spirit of hysteria, the discovery that he had been recruited for his failed mission in Yemen led to a chorus of demands that no more Guantánamo prisoners should be released to Yemen — from Sen. Joe Lieberman (I-CT), Rep. Peter Hoekstra (R-Mich.), Rep. Peter King (R-NY), and even Bennie Thompson (D-Miss.), the Chairman of the House Homeland Security Committee, who told Politico, “In terms of sending more of them to return to Yemen, it would be a bit of a reach. I’d, at a minimum, say that whatever we were about to do we’d at least have to scrub it again from top to bottom.” Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part Two of Ten)

Please support my work!

Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in spring 2012.

This is Part 32 of the 70-part series. 399 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released. Read the rest of this entry »

Deranged Senate Votes for Military Detention of All Terror Suspects and a Permanent Guantánamo

Yesterday the shameful dinosaurs of the Senate — hopelessly out of touch with reality, for the most part, and haunted by specters of their own making — approved, by 93 votes to 7, the passage of the National Defense Authorization Act (PDF), which contains a number of astonishingly alarming provisions — Sections 1031 and 1032, designed to make mandatory the indefinite military detention of terror suspects until the end of hostilities in a “war on terror” that seems to have no end (if they are identified as a member of al-Qaeda or an alleged affiliate, or have planned or carried out an attack on the United States), ending a long and entirely appropriate tradition of trying terror suspects in federal court for their alleged crimes, and Sections 1033 and 1034, which seek to prevent the closure of Guantánamo by imposing onerous restrictions on the release of prisoners, and banning the use of funds to purchase an alternative prison anywhere else. I have previously remarked on these depressing developments in articles in July and October, as they have had a horribly long period of gestation, in which no one with a grip on reality — and admiration for the law — has been able to wipe them out.

The four sections are connected, as cheerleaders for the mandatory military detention of terror suspects want them to be sent to Guantánamo, and have done, if I recall correctly, at least since Umar Farouk Abdulmutallab, the failed Christmas plane bomber in 2009, was arrested, read his Miranda rights, and interrogated by the FBI. Recently, Abdulmutallab, who told his interrogators all they wanted to know without being held in military custody — and, for that matter, without being tortured, which is what the hardcore cheerleaders for military detention also want — was tried and convicted in a federal court.

Hundreds of other terror suspects have been successfully prosecuted in federal court, throughout the Bush years, and under Obama, but supporters of military custody like to forget this, as it conflicts with their notions, held since the aftermath of 9/11 and the Bush administration’s horrendous flight from the law, that terrorists are warriors. Underpinning it all is the Authorization for Use of Military Force (AUMF), the founding document of the “war on terror,” passed the week after the 9/11 attacks. This authorizes the President to pursue anyone, anywhere who he thinks was involved in the 9/11 attacks, and it is a dreadfully open-ended excuse for endless war whose repeal I have long encouraged, but which some lawmakers have been itching to renew, even after the death of Osama bin Laden, and the obvious incentives for the winding-down of the ruinous, decade-long “war on terror.” Read the rest of this entry »

As Judges Kill Off Habeas Corpus for the Guantánamo Prisoners, Will the Supreme Court Act?

When it comes to Guantánamo, the prisoners held in the Bush administration’s experimental prison have mostly been abandoned by those who should have acted on their behalf in all three branches of government –  the executive branch, Congress and the judiciary.

In June 2004, for a brief moment, George W. Bush’s excesses were checked by the Supreme Court, which, in Rasul v. Bush, took the unprecedented move of granting habeas corpus rights to prisoners seized in wartime, after recognizing that the Bush administration had shunted aside the Geneva Conventions in favor of a unprecedented system of arbitrary detention.

In this system, the US government decided that all its actions relating to terrorism and the perceived threat from al-Qaeda and the Taliban (essentially regarded as interchangeable with al-Qaeda because they had “hosted” Osama bin Laden in Afghanistan) constituted part of a “war on terror,” and decided that everyone seized could be held, without anyone bothering to ascertain whether they had been seized by mistake, as “illegal enemy combatants,” who literally had no rights whatsoever, either as human beings or as prisoners. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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