A New Low for Guantánamo’s Credibility: The Brief But Absurd Imprisonment of the Military Commissions’ Chief Defense Counsel

A collage of Brig. Gen. John Baker and Camp 6 at Guantanamo, produced by the Daily Beast.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.

 

I wrote the following article 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.

In the “you couldn’t make it up” department of Guantánamo absurdity, the prison last week secured its first new prisoner since March 2008 — not an ISIS- or al-Qaeda-related prisoner sent there by Donald Trump, as he persistently threatens to do — but Brig. Gen. John Baker, the Chief Defense Counsel of the troubled military commission trial system.

Writing in Slate, Philip Carter, a senior fellow at the Center for a New American Security and adjunct professor of law at Georgetown University, who briefly served as Deputy Assistant Secretary of Defense for Detainee Policy under President Obama, correctly identified Brig. Gen. Baker’s only offence as having been to “stand[] up for the rule of law and being held in contempt by a judge overseeing the military tribunals at Guantánamo.”

Carter proceeded to explain that the US has two legal systems: the best, “on display every week in federal courthouses, where processes unfold neatly and along well-worn lines established by centuries of statute and precedent,” and the worst, “on display at Guantánamo, where a dispute over government surveillance of defense counsel has resulted in a Marine general being detained (and released two days later) and civilian counsel being threatened with the same fate.” Read the rest of this entry »

The Messed-Up Trial of the Century: Lawdragon’s Exhaustive Report on the 9/11 Pre-Trial Hearings at Guantánamo

The co-defendants in the painfully slow-moving and contentious 9/11 trial at Guantanamo. From top to bottom: Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa al-Hawsawi, Ali Abd al-Aziz Ali (aka Ammar al-Baluchi) and Walid bin Attash.The military commissions at Guantánamo, as I have been reporting for ten years, are a shamefully deficient excuse for justice, a system dreamt up in the heat of America’s post-9/11 sorrow, when hysteria and vengeance trumped common sense and a respect for the law, and it was decided, by senior Bush administration officials and their lawyers, that prisoners seized in the “war on terror” and subjected to torture should be tried in a system that allowed the use of information derived through the use of torture, and swiftly found guilty and executed.

Military prosecutors, however, soon turned against the system and pointedly resigned, and in 2006 the Supreme Court ruled the whole system illegal. Nevertheless, the Bush administration, with the enthusiastic support of Congress, revived the commissions in the fall of 2006, followed by further resignations (see here and here), and a third version of the commissions ill-advisedly emerged under President Obama in his first year in office (see here and here). The commissions have been tweaked to be less unjust, but they are still a Frankenstein’s Monster facsimile of a working trial system, full of so many holes that it is difficult for them to function at all, and at their heart is the specter of torture, which the government endlessly tries to hide, while the prisoners’ defence teams, of course, try constantly to expose it, as no fair trial can take place without it being discussed.

In recent years, my coverage of the commissions has been less thorough than it was between 2007 and the summer of 2014, largely because it seemed to me that the commissions were so broken and were going round and round in circles so pointlessly that it was no longer even worth trying to follow what was — or, more often, what wasn’t — happening. In one way, this was a fair reflection of the futility of the commissions’ efforts to secure anything resembling justice, but the more fundamental reality was that, however broken the proceedings may have been, pre-trial hearings were still taking place, however little they were being reported, which, one day, would constitute a damning indictment of America’s post-9/11 flight from justice and the law, and its embrace of torture and indefinite imprisonment without charge or trial. As a result, the commissions really ought not to be allowed to drop off the radar. Read the rest of this entry »

Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law

A sign for the military commissions at Guantanamo. Behind is the first courtroom used for the commissions, which is no longer in use, but photos of the current courtroom are not allowed. (Photo: Cora Currier/ProPublica).I wrote the following article 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.

Here at “Close Guantánamo,” as we continue to monitor the situation at Guantánamo in the dying days of the Obama presidency, we remain concerned for all the categories of men held. Of the last 61 men in the prison the statistics are as follows:

  • 20 men have been approved for release.
  • 23 have had their ongoing imprisonment approved by Periodic Review Boards.
  • Eight are awaiting decisions by Periodic Review Boards.
  • Ten are facing — or have faced — trials.

Of the men approved for release, seven have been languishing at Guantánamo since the high-level, inter-agency Guantánamo Review Task Force made decisions about what should happen to the prisoners in 2009, while the other 13 have been approved for release in the last two and a half years by the latest review process, the Periodic Review Boards (for further information, see our definitive Periodic Review Board list). All of these men should be released as soon as possible. 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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