What Should Trump Do With the US Citizen Seized in Syria and Held in Iraq as an “Enemy Combatant”?

"Detainee Holding Cell": a US military sign, origin unknown.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

It’s nearly a month since my curiosity was first piqued by an article in the Daily Beast by Betsy Woodruff and Spencer Ackerman, reporting that a US citizen fighting for ISIS had been captured in Syria and was now in US custody. Ackerman followed up on September 20, when “leading national security lawyers” told him that the case of the man, who was being held by the US military as an “enemy combatant,” after surrendering to US-allied Kurdish forces fighting ISIS in Syria around September 12, “could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS.”

At the time, neither the Defense Department nor the Justice Department would discuss what would happen to the unnamed individual, although, as Ackerman noted, “Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.” However, if Donald Trump wanted to send him to Guantánamo (as he has claimed he wants to be able to do), that would be a different matter.

A Pentagon spokesman, Maj. Ben Sakrisson, told Ackerman that, according to George W. Bush’s executive order about “war on terror” detentions, issued on November 13, 2001, and authorizing the establishment of military commissions, “United States citizens are excluded from being tried by Military Commissions, but nothing in that document prohibits detaining US citizens who have been identified as unlawful enemy combatants.” Read the rest of this entry »

Saifullah Paracha, Pakistani Businessman and “Very Compliant” Prisoner, Faces Guantánamo Review Board

A photo of Guantanamo prisoner Saifullah Paracha, taken by representatives of the International Committee of the Red Cross, and made available to his family.I wrote the following article — as “Guantánamo Review Board for Saifullah Paracha, Pakistani Businessman and ‘Very Compliant’ Prisoner, Kidnapped in Thailand in 2003” — for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the 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.

Last week Saifullah Paracha, a Pakistani businessman, and, at 68 years of age, Guantánamo’s oldest current prisoner, became the 28th Guantánamo prisoner to have his potential release considered by a Periodic Review Board (see our full list here). This review process was set up in 2013 to review the cases of all the prisoners not facing trials (just ten men) or already approved for release by President Obama’s high-level, inter-agency Guantánamo Review Task Force in 2010, when almost two-thirds of the remaining prisoners — 156 out of 240 — were recommended for release, or, to use the task force’s careful wording, were “approved for transfer subject to appropriate security measures.”

Of the 28, five decisions have yet to be made, but of the 23 others the success rate for these men securing approval for their release is extremely high — 83% — with 19 men having their release recommended. What makes these decisions particularly important is that they puncture the rhetoric that has surrounded these men — both under George W. Bush, with the glib dismissal of everyone at Guantánamo as “the worst of the worst,” and under Barack Obama, with his task force’s conclusion (more worrying because of its veneer of authority) that 48 of those eligible for PRBs were “too dangerous to release,” even though it was also acknowledged that insufficient evidence existed to put them on trial; in other words, that it was not reliable evidence at all.

In attempting to justify its decisions, the task force noted that its members had relied on “the totality of available information — including credible information that might not be admissible in a criminal prosecution — [which] indicated that the detainee poses a high level of threat that cannot be mitigated sufficiently except through continued detention.” Read the rest of this entry »

Shameful: US Judge Increases Prison Sentence of Tortured US Enemy Combatant Jose Padilla

Of the tens of thousands of victims of the Bush administration’s novel approach to detention in the “war on terror” — which involved shredding the Geneva Conventions, the use of torture and indefinite detention without charge or trial, and, in some cases, extraordinary rendition —  few of the victims were American citizens, but three particular individuals need to be remembered, because they were not only tortured and held without charge or trial for years, but their torture and lawless detention took place on US soil.

The three men are Jose Padilla, Yaser Hamdi and Ali al-Marri (the latter a legal US resident rather than a citizen), and Padilla — a former Chicago gang member who converted to Islam, and was held as an “enemy combatant” on US soil from May 2002, when he was seized after returning him from Pakistan, until November 2005 — was back in the news last week when a judge extended to 21 years the sentence of 17 years and four months he received in January 2008, when he was convicted of conspiracy to murder, kidnap and maim people abroad, and providing material support for terrorism.

The sentence was a disgrace, as I explained at the time in an article entitled, “Why Jose Padilla’s 17-year prison sentence should shock and disgust all Americans,” because of Padilla’s torture, which had destroyed his mind, because the judge prohibited all mention of his torture during the trial, and because the “dirty bomb plot” he had allegedly been involved in had turned out to be non-existent, and his trial and sentence was based instead on his involvement in a handful of phone calls that made reference to jihad. 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 Judge Rules Against Military Detention of US Terror Suspects – But What About the Foreigners in Guantánamo?

Last week, in New York, a US judge, District Judge Katherine Forrest, took a stand against a contentious provision inserted into the current National Defense Authorization Act (PDF), ruling that it was unconstitutional for lawmakers to demand that, in future, those accused of involvement with terrorism — including US citizens and residents — must be subjected to mandatory military custody, and held indefinitely without charge or trial (PDF).

The provision (Section 1021), designed to allow detention without trial until the end of the hostilities in the “war on terror,” is meant to apply to anyone “who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks,” or anyone “who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”

Of particular concern to the plaintiffs in the case — led by the journalist Chris Hedges, and also including Noam Chomsky, Daniel Ellsberg, the Icelandic parliamentarian and WikiLeaks activist Birgitta Jónsdóttir, Kai Wargalla of Occupy London, and the US journalists and activists Jennifer Bolen and Alexa O’Brien — was the inclusion of anyone who “has directly supported … hostilities in aid of such enemy forces,” because they perceived that it could apply to speech, or the written word, endangering journalists and activists, for example, and would contravene Americans’ First Amendment rights. 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 »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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