41 Attorneys from the Cincinnati Area Call on Donald Trump to Close Guantánamo

Campaigners from Witness Against Torture and other organizations call for the closure of Guantanamo outside the White House on January 11, 2012, the 10th anniversary of the prison's opening.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.

 

Last week, 41 attorneys from the Cincinnati area, in Ohio, wrote a column for the Cincinnati Enquirer calling for Donald Trump to close Guantánamo. Founded in 1841, the paper is the last surviving daily newspaper in Greater Cincinnati and Northern Kentucky, and is traditionally regarded as a a conservative, Republican-leaning newspaper.

Nevertheless, on August 26 it gave space to the 41 lawyers, including some who have represented Guantánamo prisoners over the 16 long years of the prison’s history, for them to argue that the 41 men still held at Guantánamo should either be freed or charged and tried in federal court.

It’s a position that I agree with, as regular readers will know, and it’s reassuring to see so many lawyers come together to make such a definitive statement in the face of Donald Trump’s refusal to acknowledge that the prison is, as the lawyers describe it, “a great shame that hangs over the American legal system.”

Imagine if, across the country, thousands and thousands of lawyers got together to repeat this message, and to send it out through regional and national media.

I’d love to see it happen, and the lawyers themselves close their column by stating, “Join us in calling on bar associations, elected officials and fellow citizens in closing this awful stain on our legal system and our country,” but in the meantime I’m delighted to cross-post their article, in the hope that it gets out to interested parties who may have missed it. 

The article notes that, because the US Constitution applies at Guantánamo, the men should be freed or tried, because “[o]ne bedrock principle of due process is that extended detention without affording a trial for the individual is illegal.”

However, as they also make clear, the trial system established at Guantánamo — the military commissions — is irredeemably broken, as the experiences of one of their number, Rick Kammen, lay bare. Kammen worked on the commissions as a defense lawyer until he was obliged to resign because, fundamentally, the government was spying on the defense teams, and there was no effective way of challenging them.

I hope you have time to read the article, and will share it if you find it persuasive — and if you can help with getting or lawyers on board, let’s do it! If 41 lawyers can do this in Cincinnati, one for each prisoner still held, we surely ought to be able to get 5,000 lawyers across the country to say to Donald Trump, “No more! Close Guantánamo now!” — or perhaps, more appropriately, 6,081 lawyers, one for each day Guantánamo has been open.

Due process: Guantánamo detainees should be released
By Robert Newman and Michael O’Hara, the Cincinnati Enquirer, August 26, 2018

There is a great shame that hangs over the American legal system: the injustice of the Guantánamo detainees. Today, 41 Muslim men remain at Guantánamo. Thirteen have cases in the military commission system. The remainder have been held for up to 16 years without charges filed against them. Five of these have been cleared for transfer, meaning that the Pentagon and the intelligence agencies have agreed that they pose no security threat. Many of the 41 detainees have been tortured at either CIA “black sites” or at Guantánamo itself.

President George W. Bush released 532 detainees by the end of his second term, and President Barack Obama released 197 and sought to close Guantánamo, but was prevented by congressional action. Nine detainees have died since the prison opened, several by suicide. Now President Donald Trump has vowed that he would “absolutely authorize” torture techniques such as waterboarding on the grounds that terrorism suspects “deserve it,” and that he would fill Guantánamo back up with “bad dudes.”

Since the United States claims Guantánamo Bay pursuant to a 1903 lease authorizing a naval station and coaling station which later became a “perpetual lease,” the U.S. Constitution extends to this property and its inhabitants. One bedrock principle of due process is that extended detention without affording a trial for the individual is illegal.Sixteen years is beyond any shred of due process. Even a year cannot be justified. For this reason, all 41 detainees should be released.

Yet there are other reasons for the releasing of the detainees. Two of them, Toffiq Al-Bihani and Abdul Latif Nasser have been approved for transfer to other countries who are willing to receive them. Their continued detention is senseless and punitive.

Twenty-eight of the detainees have not even been charged. How can someone be imprisoned with no trial, no judgment of guilt and no charges? Such conduct by our government and military courts utterly betrays the constitutional promise of due process. Honoring this fundamental principle would demand immediate release of these unconstitutionally detained individuals.

Some commentators have suggested the that military commissions should be allowed to continue and that some or all of the detainees should be tried before these commissions. A criminal defense attorney from Indianapolis, Richard Kammen, spent nine years assisting with the defense of Abdul Rahim Al-Nashiri, a Guantánamo detainee charged with involvement in the bombing of the USS Cole. Al-Nashiri was charged in 2003. He has yet to be tried.

At the 2018 Kentucky Bar Annual Convention, Kammen described how it became impossible to provide meaningful legal representation due to restrictions imposed by the military commissions that offend the principles of due process we as Americans take for granted. He described how guards confiscate privileged legal materials from the cells of the detainees and how the military prosecutors read defense counsel’s correspondence to their clients.

The commander of the prosecution issued an order requiring military officials to review all legal correspondence between defense counsel and their clients, and counsel who refuse would not be allowed to visit their clients. Kammen and his colleagues discovered that the rooms in which defense counsel had been meeting with their clients for years were wired with microphones disguised as smoke detectors.

The government also intruded into defense counsels’ emails. In 2013, it was discovered that the FBI had recruited an informant on a defense legal team. When the military judge prohibited Kammen and his legal team from informing their client of concerns about attorney-client confidentiality on grounds that would result in disclosing classified information, Kammen decided that he could not ethically continue to represent his client, as he was prevented by our government and the military courts from providing constitutionally adequate representation. Thus, he was ethically compelled to withdraw.

Moreover, these same military commissions have denied detainees any effective opportunity to challenge the government’s use of detainees’ confessions that were obtained through torture and “enhanced interrogation” methods that would never survive scrutiny in any court in the United States. Counsel for detainees have been denied access to evidence relating to the circumstances under which confessions were obtained.

The government and military commissions have done this under the shadowy rubric “national security” or protection of “classified information.” Everything about the conduct of these military commissions is antithetical to the fundamental principles of the right to effective assistance of counsel and to a fair trial, rights that have long since been embedded in the Fifth and Sixth Amendments to our Constitution.

It should be obvious to any lawyer or jurist that trials comporting with due process are not possible with military commissions. To the extent that the government can provide any justification for detaining anyone, those people should be brought to American soil and tried in federal courts. The government is reluctant to do this because of the scrutiny that would necessarily focus on statements obtained from the detainees by the most brutal forms of interrogation yet devised.

This is not American justice. This is not America. We are lawyers, and we are deeply offended by the injustices of Guantánamo. Join us in calling on bar associations, elected officials and fellow citizens in closing this awful stain on our legal system and our country.

This column was jointly written by the following 41 Cincinnati-area attorneys: Robert B. Newman; Michael J. O’Hara; Timothy M. Burke; Nora Dean Burke; Louis H. Sirkin; Nicholas J. DiNardo; John L. Heilbrun; William R. Gallagher; Joseph J. Dehner; Maurice O. White; Alphonse A. Gerhardstein; Richard Ganulin; Stephen R. Felson; Marc D. Mezibov; Kathleen M. Brinkman; Lisa T. Meeks; Elizabeth Asbury Newman; John Woliver; Richard Boydston; Elizabeth A. McCord; John D. Holshuh, Jr.; Sherri Goren Slovin; Phyllis G. Bossin; Barbara J. Howard; Peter L. Cassady; Michael T. Mann; David S. Mann; William A. DeCenso; Erin M. Heidrich; Mark W. Napier; Noel M. Morgan; Matthew W. Fellerhoff; Amanda R. Toole; Joseph H. Feldhaus; Lucian J. Bernard; Terence D. Bazeley; Carrie H. Dettmer Slye; Carla L. Leader; Danielle C. Colliver; Elaine J. Fink; James B. Robinson; and Amy L. Detisch.

Andy Worthington is a freelance investigative journalist, activist, author, photographer, film-maker and singer-songwriter (the lead singer and main songwriter for the London-based band The Four Fathers, whose music is available via Bandcamp). He is the co-founder of the Close Guantánamo campaign (and see the latest photo campaign here) and the successful We Stand With Shaker campaign of 2014-15, and the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (click on the following for Amazon in the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. He is also the co-director (with Polly Nash) of the documentary film, “Outside the Law: Stories from Guantánamo” (available on DVD here — or here for the US), and for his photo project ‘The State of London’ he publishes a photo a day from six years of bike rides around the 120 postcodes of the capital.

In 2017, Andy became very involved in housing issues. He is the narrator of a new documentary film, ‘Concrete Soldiers UK’, about the destruction of council estates, and the inspiring resistance of residents, he wrote a song ‘Grenfell’, in the aftermath of the entirely preventable fire in June 2017 that killed over 70 people, and he also set up ‘No Social Cleansing in Lewisham’ as a focal point for resistance to estate destruction and the loss of community space in his home borough in south east London.

To receive new articles in your inbox, please subscribe to Andy’s RSS feed — and he can also be found on Facebook (and here), Twitter, Flickr and YouTube. Also see the six-part definitive Guantánamo prisoner list, The Complete Guantánamo Files, the definitive Guantánamo habeas list, the full military commissions list, and the chronological list of all Andy’s articles.

Please also consider joining the Close Guantánamo campaign, and, if you appreciate Andy’s work, feel free to make a donation.

Year 2, Day 100 of My Photo Project, ‘The State of London’, Recording A City Gutted by Greed Since the Olympics

The latest photos from my photo project, 'The State of London', marking one year and 100 days since I first began posting a photo a day on Facebook.Please support my work as a reader-funded investigative journalist, commentator and activist.

 

Yesterday, August 18, marked one year and 100 days since I began posting a photo a day on ‘The State of London’, a Facebook page I established on May 11 last year, marking five years since I first began cycling around London on my bike, taking photos of whatever interested me. You can see all the photos to date here.

In the six years and three months since I began this photo-journalistic project, I have been out on my bike almost every day, cycling many thousands of miles across all of London’s 120 postcodes, and discovering that what interests me are the changing seasons, the changing weather, the River Thames and the capital’s other rivers, its canals, its parks, and my own idiosyncratic take on the built environment, in which I’m drawn to the old, the odd, the idiosyncratic, the run-down, the derelict and the abandoned, and also to social housing — the great post-war estates, currently facing an unprecedented threat from councils across the political spectrum, who, financially squeezed by central government, are entering into deals with property developers to demolish their estates and to build over-priced new developments from which almost all the existing tenants are priced out, an epidemic of social cleansing that is largely unnoticed by those who are not directly affected by it. 

When these homes are destroyed, social rents (generally set at around a third of market rents) are also conveniently wiped out, replaced by properties for private sale, for market rent, for “affordable” rents that aren’t affordable at all, being set at 80% of market rents, and for shared ownership, an alarming scam designed to fool renters into believing that they are property owners. To add to Londoners’ woes, housing associations, which have increasingly taken over councils’ housing role since the Thatcher years, have also been severely squeezed, and many have, in response, also joined the private property development gravy train. Read the rest of this entry »

Photos: The WOMAD World Music Festival 2018 – Global Joy and Creativity, Threatened by Brexit

Photos by Andy Worthington from the WOMAD world music festival 2018.See my photos on Flickr here!

Please support my work as a reader-funded investigative journalist, commentator and activist.

 

Since 2002, the end of July every year has been defined for me by my participation in WOMAD (World of Music, Art and Dance), the world music festival founded in 1982, which I attend with family and friends, working at the children’s workshops. These involve hundreds of children making all manner of wonderful creations, and they culminate in a childrens’ procession on Sunday evening through the whole of the festival site.

I’ve taken photos of the festival every year, and have made them available on Flickr since 2012 — see the photos from 2012 here and here, from 2014 here, from 2015 here, from 2016 here and from 2017 here.

This year everyone expected that the heatwave that began at the end of May would continue throughout the festival, but although Friday, the first day of the festival (and the two days before when we were setting up) were deliriously hot, the weather turned on the Saturday, although the festival-goers’ spirits were generally undimmed.

I had a wonderful time this year, thanks to the great company, in particular, as well as — of course — great music as always from around the world. I also particularly enjoyed helping to facilitate the children’s creativity during the workshops, and also enjoyed playing with Richard from The Four Fathers at the Open Mic at Molly’s Bar (where my son Tyler joined us beatboxing) and also watching Tyler perform with his friends Caleb and Haroun, and, on Sunday evening, taking part in a wonderfully successful workshop with two other members of the BAC Beatbox Academy, Conrad and Nate, who came from London to give a WOMAD audience an exhilarating masterclass in the art of beatboxing. Read the rest of this entry »

Resistance to Social Cleansing: Screening of ‘Concrete Soldiers UK’ in Bristol, August 9, 2018

Poster for the screening of 'Concrete Soldiers UK' in Bristol on August 9, 2018.Please support my work as a reader-funded investigative journalist, commentator and activist.

 

It’s over a year since the defining event of 2017 in the UK — the Grenfell Tower fire, in west London, in which 72 people died because everyone responsible for their safety — central government, local government, the management company that had taken over the management of their homes, and the various contractors involved in a refurbishment of the tower that ended up being lethal — put cost-cutting and profiteering before safety.

The Grenfell survivors, and the wider community in north Kensington, are still awaiting anything resembling justice. The official inquiry is crawling along at a snail’s pace, many of the survivors are still in temporary housing (even though the Independent revealed, just yesterday, that over a hundred council homes in Kensington and Chelsea are lying empty), and up and down the country people are still living in tower blocks (470 at the latest count) that are enveloped in the same dangerously flammable cladding that turned Grenfell Tower into an inferno.

The Grenfell disaster showed, fundamentally, how in modern Britain those who live in social housing — even those who bought their council homes under Margaret Thatcher’s ‘Right to Buy’ policy — are perceived as second-class citizens, whose very lives are disposable. Those in power argue that this is not the case, but Grenfell reveals this to be the case, and elsewhere politicians’ and housing professionals’ actions reveal their fundamental dishonesty. Read the rest of this entry »

Celebrating 400 Days of My Photo Project ‘The State of London’

A composite image of the latest photos from Andy Worthington's photo project 'The State of London'.Please support my work as a reader-funded investigative journalist, photographer, commentator and activist. Check out all the photos to date here.

 

Back in March 2011, my life changed when I was hospitalised after a blood clot had turned two of my toes black. Doctors at St. Thomas’s Hospital, opposite the Houses of Parliament, saved my toes — a mercy for which I am eternally grateful to the NHS — but after I recovered, my life changed again when I began cycling across London on a daily basis — and taking photos everywhere I went — in May 2012.

When I got ill, I had managed to give up smoking, which would otherwise have killed me, but I then started piling on the pounds instead, on a steady diet of biscuits and cakes, and so getting back on my bike on a daily basis seemed like the perfect way to get fit.

I’d been a cyclist since I was about four years old, but like many useful habits, it had become sidelined as I smoked too much, and also as a result of my obsessive sedentary lifestyle as a writer, researcher and commentator and activist on Guantánamo, which had consumed my life since 2006. Read the rest of this entry »

Photos: Grenfell 1st Anniversary – The Silent Walk and the Solidarity March

Photos from Flickr by Andy Worthington of the Grenfell Silent Walk and the Grenfell Solidarity March on June 14 and June 16, 2018.Please check out my photo sets on Flickr – of the Silent Walk in Kensington on June 14, 2018 and of the Solidarity March in central London on June 16, 2018.

Please also feel free to support my work as a reader-funded investigative journalist, commentator and activist.

 

It’s just over a year since the defining event in the UK last year — the Grenfell Tower fire, an entirely preventable disaster in west London, in which 72 people died when an inferno engulfed a 24-storey tower block in North Kensington in west London, and I’m pleased to be posting photos from two recent Grenfell-related events as my contribution to trying to make sure that there is no let-up in the pressure for justice and accountability following the first anniversary of the disaster last June. 

The first photo set is of the Silent Walk for Grenfell on the actual anniversary. Silent Walks have taken place on the 14th of every month since the fire, in the vicinity of the tower, and on the anniversary, on Thursday June 14, thousands of people turned up, from across London as well as from other places in the UK, to show solidarity with the survivors and the local community. The Silent Walks are extremely moving experiences, and the 1st anniversary walk was, of course, no exception.

The second photo set is from the Grenfell Solidarity March in central London, starting and ending outside 10 Downing Street, and including a visit to the Ministry of Housing, Communities and Local Government on Marsham Street, organised by the survivors’ group Justice4Grenfell and the Fire Brigades Union. Read the rest of this entry »

Quarterly Fundraiser Day 3: Still Seeking $2,000 (£1,600) to Support My Guantánamo Work Over the Next Three Months

A panel from the comic 'Guantanamo Bay is Still Open. Still. STILL!' by Jess Parker and Sarah Mirk, featuring Andy Worthington.Please click on the ‘Donate’ button below to make a donation towards the $2,500 (£2,000) I’m trying to raise to support my work on Guantánamo over the next three months of the Trump administration.

 

Dear friends and supporters,

Since I started working independently on Guantánamo, over 12 years ago, I have largely been reliant on the support that you, my readers, have given and continue to give to me via donations that enable me to carry on researching and writing about Guantánamo, and calling for the prison to be closed, a vocation — some might say an obsession — that has, to date, led to me writing and publishing over 2,200 articles about Guantánamo.

I never meant to embark on this path as an independent journalist and activist, but it seemed to be the only appropriate response to my compulsion to tell the truth about Guantánamo on an essentially relentless basis — the truth being that it must be closed, because it is a lawless place of brutality and vengeance, full of alleged intelligence that, to a shockingly large degree, does not relate to any kind of truth, but consists of lies made by prisoners about their fellow prisoners, after they were tortured or otherwise abused, or even bribed with better living conditions.

My independence has allowed me to cover Guantánamo more assiduously than most of the mainstream media, which generally doesn’t maintain a relentless focus on issues of chronic injustice, even though it should, and has also enabled me to use my research and journalism to push more into campaigning, as I did in 2014-15 with We Stand With Shaker, the campaign to free Shaker Aamer, the last British resident in Guantánamo, and as I continue to do via my website here, and also via the Close Guantánamo campaign that I set up with the US attorney Tom Wilner in 2012 — where, to provide a current example of my campaigning, I am asking people to mark a terrible milestone — 6,000 days of Guantánamo’s existence — on Friday by taking a photo with a poster marking this sad occasion and sending it to us. Read the rest of this entry »

Quarterly Fundraiser Day 1: Seeking $2,500 (£2,000) to Support My Work on Guantánamo and Social Justice Over the Next Three Months

A screenshot of Andy Worthington calling for the closure of Guantanamo outside the White House on January 11, 2018.Please click on the ‘Donate’ button below if you can make a donation towards the $2,500 (£2,000) I’m trying to raise to support my work on Guantánamo over the next three months of the Trump administration.

 

Dear friends and supporters,

It’s that time of the year when I ask you, as I do every three months, to make a donation if you can to support my work as an independent researcher, writer, commentator and activist (and also as a photographer and musician) — primarily on Guantánamo, but also in relation to social justice issues in the UK.

If you can help out at all, please click on the “Donate” button above to make a payment via PayPal. Any amount will be gratefully received — whether it’s $500, $100, $25 or even $10 — or the equivalent in any other currency. 

You can also make a recurring payment on a monthly basis by ticking the box marked, “Make this a monthly donation,” and if you are able to do so, it would be very much appreciated. Read the rest of this entry »

It’s 33 Years Since the Battle of the Beanfield: Is It Now Ancient History, in a UK Obsessed with Housing Exploitation and Nationalist Isolation?

The Observer's front cover, the day after the Battle of the Beanfield, June 2, 1985, featuring a report by Nick Davies, one of the few journalists to have witnessed the horrendous state violence on the day.Please support my work as a reader-funded investigative journalist, commentator and activist.

 

Please also note that my books The Battle of the Beanfield and Stonehenge: Celebration and Subversion, dealing with the topics discussed in this article, are still in print and available to buy from me. And please also feel free to check out the music of my band The Four Fathers.

For anyone attuned to the currents of modern British history, today, June 1, has a baleful resonance.

33 years ago, on June 1, 1985, the full weight of the state — Margaret Thatcher’s state — descended on a convoy of vehicles in a field in Wiltshire, in a one-sided confrontation in which around 420 travellers — New Age travellers, as they were sometimes referred to at the time — were attacked with serious and almost entirely unprovoked violence by 1,400 police from six counties and the MoD, armed with truncheons and riot shields. 

The violence that took place that day was witnessed by few media outlets, most of which had been told to stay away, as the state prepared to deal with the latest “enemy within,” so designated by Margaret Thatcher, drunk on power, who, over the previous year, had dealt a crippling blow to Britain’s mining industry, and was now sending her paramilitarised police force out to Wiltshire to do the same to a small group of anarchists, self-styled modern gypsies, green activists and peace protestors. 

The state’s excuse for the violence of June 1, 1985 was that the convoy was travelling to Stonehenge to set up what would have been the 12th free festival in the fields opposite the ancient sun temple, and had ignored an injunction preventing them from doing so. Read the rest of this entry »

Protest Music Now: My Interview with London Student Magazine Artefact as Lead Singer of The Four Fathers

Mark Quiney, Andy Worthington and Richard Clare of The Four Fathers playing at a protest against the DSEI arms fair in London's Docklands in September 2017.Please support my work as a reader-funded investigative journalist, commentator and activist.

 

A few months ago, I was delighted to be approached by Pavel Troughton, a student at London College of Communication (LCC), part of the University of the Arts London (UAL), who was writing an article about protest music for the student magazine Artefact. I promoted it at the time via social media, but I never got round to commenting on it here, so I thought now would be a good time, as my band The Four Fathers continue to play protest music, and to try to gauge what interest there is, or isn’t, in music that challenges the political realities of modern life, via the ‘No Social Cleansing in Lewisham’ gigs I’ve been organising, our appearances with bands like the Commie Faggots, who play theatrical singalong protest music, and our recordings, available via Bandcamp.

I met Pavel Troughton at a cafe near my home in Brockley, south east London, and we had a wide-ranging discussion about the role of protest music today, which is of great interest to me, as I grew up at a significant time for protest music, as a teenager in the late 70s and early 80s, not only following punk bands, post-punk bands and the Two-Tone movement, but also drawing on protest music from the 60s and early 70s as well. 

In Margaret Thatcher’s Britain, and with the counter-culture of the 60s and 70s so comparatively recent, it was difficult not to be politicised at that time. Some of the punks pretended to be apolitical, but really that was an affectation. Of course, many musicians only pretended to be political to get laid or get rich (or both), as had also been true in the 60s and early 70s (does anyone really think the colossally materialistic hornbag Mick Jagger genuinely had any interest in being a ‘Street Fighting Man’, for example?), but political engagement and counter-cultural impulses were genuine in this period, and elements of that effortlessly survived into the 90s, when, after Margaret Thatcher’s eventual fall from grace, John Major struggled to maintain control of a country in which dissent was widespread, via the iconoclastic hedonism of the rave scene and the extraordinary pagan and anarchic energy of the road protest movement. For more on the above, feel free to check out my books Stonehenge: Celebration & Subversion and The Battle of the Beanfield, which have chapters on this period in modern British history. 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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The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

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Stonehenge: Celebration & Subversion

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Outside the Law: Stories from Guantánamo

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