Judge Confirms That Trial of James Mitchell and Bruce Jessen, Architects of CIA Torture Program, Will Go Ahead

James Mitchell and Bruce Jessen as they appeared in videos of their depositions as part of the court case against them in 2017.Please support my work! 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.

 

Great news from Washington State, as Judge Justin Quackenbush, a federal court judge, has ruled that a “civil lawsuit brought by three victims of the CIA’s torture program against the two psychologists who created it will go to court on 5 September” after finding that “more than a year of discovery had yielded sufficient evidence to support the plaintiffs’ claims,” as Larry Siems, the editor of Mohamedou Ould Shahi’s acclaimed prison memoir, Guantánamo Diary, explained in an article for the Guardian.

The decision was expected, as Judge Quackenbush had allowed the case to proceed last April, a highly important decision that I wrote about at the time in an article entitled, In Historic Ruling, US Court Allows Lawsuit Against James Mitchell and Bruce Jessen, Architects of CIA Torture Program, to Proceed. I also wrote a follow-up article in June this year, In Ongoing Court Case, Spotlight On James Mitchell and Bruce Jessen, Architects of the Brutal, Pointless CIA Torture Program, after the New York Times obtained videos of the depositions made by Mitchell and Jessen, in which the two men attempted to defend their positions (the Times also obtained the depositions of two former CIA officials and of the plaintiffs, as well as newly declassified CIA documents).

As Larry Siems explained following this week’s ruling, “It will now be up to a jury in Spokane, Washington, to decide if the psychologists, who reportedly were paid $75m-$81m under their contract with the CIA to create the so-called enhanced interrogation program, are financially liable for the physical and psychological effects of their torture.” Read the rest of this entry »

Donald Trump’s Stumbling Efforts to Revive Guantánamo

A collage of images of Donald Trump and Guantanamo on its first day back in January 2002.Please support my work! 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.

On Guantánamo, Donald Trump has, essentially, done nothing since he took office, despite promising, on the campaign trail, to fill the prison “with bad dudes,” and to revive the use of torture. Shortly after he took office, a draft executive order was leaked, which saw him proposing to set up new “black sites,” and to send new prisoners to Guantánamo, but on the former he was shut down immediately by critics from across the political spectrum, and even from some of his own appointees, and on the latter we presumed that silence meant that he had been advised that it was not worth sending new prisoners to Guantánamo.

There are a number of reasons why this advice was to be expected: because the federal courts have such a good track record of dealing successfully with terrorism-related cases, and because the legislation authorizing imprisonment at Guantánamo — the Authorization for Use of Military Force, passed just days after the 9/11 attacks — focuses on 9/11, al-Qaeda, the Taliban and related forces, and not on newer threats — like Islamic State, for example, for which new legislation would be required.

As a result, although Guantánamo has almost entirely slipped off the radar, with the impression given that the men still held are trapped in a place that Trump has largely chosen to ignore, it has at least been reassuring that he has gone quiet on his previously-promised notions of reviving the prison. Read the rest of this entry »

For Witness Against Torture, My Independence Day Article About Tyranny at Guantánamo Bay

A screenshot of my article for Witness Against Torture on US Independence Day 2017.

Please support my work! 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.

 

For the last 41 days, my friends with Witness Against Torture — an organization of volunteer activists, founded in 2005, which “seeks to end torture worldwide, close the Guantánamo detention center, and seek reparations for torture victims” — have been running a campaign, “Forever Human Beings,” which I wrote about when their campaign started. the 41 days chosen for the campaign — from May 26 to July 5 — was chosen to reflect the number of prisoners still held at Guantánamo, and every day they highlighted the story of one particular prisoner.

To coincide with the end of their campaign — and US Independence Day — I wrote an article for Witness Against Torture about the significance of Guantánamo on the day that ordinary Americans celebrate their liberation from tyranny; this year, the 241st anniversary of the new nation’s freedom from the tyranny of King George III in 1776.

Ironically, however, those celebrating, for the most part, are unaware or unwilling to think of the uncomfortable fact that, at Guantánamo, a version of that same tyranny still exists, set up by the very government that is supposed to make sure that the kind of tyranny overthrown in 1776 can never happen again — specifically, imprisonment without charge or trial, which is supposed to be something that countries that claim to be civilized, and that claim to respect the rule of law, condemn without reservation. Read the rest of this entry »

Challenging the Nomination of 2005 “Torture Memo” Author Steven Bradbury as a Lawyer in the Trump Administration

Medea Benjamin of CODEPINK: Women for Peace challenges Steven G. Bradbury over his role as a "torture memo" author at his confirmation hearing as a Trump administration lawyer on June 28, 2017.Please support my work! 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.

 

Yesterday (June 28), three members of Veterans for Peace — the US military veterans’ organization founded in 1985 and committed to building “a culture of peace” — interrupted the Senate confirmation hearing for Steven G. Bradbury, nominated by Donald Trump as general counsel for the Commerce, Science and Transportation Department, and were subsequently arrested. Videos are available here and here,

The three VFP members — Tarak Kauff, Ken Ashe and Ellen Barfield — were protesting about Bradbury’s role as one of the authors of the notorious “torture memos” under George W. Bush, and they were not alone. As the New York Times explained, Sen. Tammy Duckworth, a Democrat from Illinois, told Bradbury at the hearing, “You lacked the judgment to stand up and say what is morally right when pressured by the president of the United States, and I’m afraid you would do so again.” She then “wagged her finger at Mr. Bradbury and accused him of having a dangerous ‘rubber stamp’ mentality,” and said, “I cannot oppose this nomination strongly enough.”

For my call for Steven Bradbury to be prosecuted — along with other senior Bush administration officials and lawyers — listen to my song ‘81 Million Dollars,’ performed with my band The Four Fathers.

The “torture memos” were written and approved in the Office of Legal Counsel (the branch of the Justice Department that is supposed to provide impartial advice to the executive branch), and the first examples were written by law professor John Yoo, and approved by Yoo’s boss, Jay S. Bybee. The memos sought to redefine torture so that it could be used by the CIA on Abu Zubaydah, seized in Pakistan in March 2002 and regarded as a “high-value detainee,” and approved a list of techniques that included waterboarding, an ancient torture technique that involves controlled drowning. Read the rest of this entry »

In Ongoing Court Case, Spotlight On James Mitchell and Bruce Jessen, Architects of the Brutal, Pointless CIA Torture Program

Bruce Jessen (left) and James Mitchell (right), the US psychologists who were the architects of the post-9/11 torture program.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues — including the US torture program — over the next three months of the Trump administration.

Today is the International Day in Support of Victims of Torture, which commemorates the entry into force, on June 26, 1987, of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the US is a signatory).

 

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,” we have always been concerned not only with closing Guantánamo for good, and seeking justice for anyone put forward for a trial, but also with accountability.

We believe that those who authorized the defining characteristics of the “war on terror” declared after the terrorist attacks of September 11, 2001 — a global program of kidnapping and torture, and, at Guantánamo, indefinite imprisonment without charge or trial — must one day be held accountable for their actions.

Unfortunately, even before President Obama took office, he expressed “a belief that we need to look forward as opposed to looking backwards,” adding that part of his job was “to make sure that, for example, at the CIA, you’ve got extraordinarily talented people who are working very hard to keep Americans safe. I don’t want them to suddenly feel like they’ve got spend their all their time looking over their shoulders.” Read the rest of this entry »

Two Guantánamo Cases Make It to the Supreme Court; Experts Urge Justices to Pay Attention

Ali Hamza al-Bahlul and Abd al-Rahim al-Nashiri, Guantanamo prisoners who have submitted petitions to the Supreme Court.Please support my work! 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.

Even before the Bush administration set up its “war on terror” prison at Guantánamo Bay, Cuba, legal experts were profoundly alarmed by proposals for how those seized as alleged terrorists would be tried. On November 13, 2001, President Bush signed a military order prepared by Vice President Dick Cheney and his senior lawyer, David Addington, which authorized the use of military commissions to try prisoners seized in the “war on terror,” preventing any prisoner from having access to the US courts, and authorized indefinite detention without due process.

Under the leadership of Michael Ratner at the New York-based Center for Constitutional Rights, lawyers prepared to challenge the proposals in the military order in the courts. The stripping of the prisoners’ habeas corpus rights and the prevention of their access to the courts eventually made it to the Supreme Court in June 2004, when, in Rasul v. Bush, the Court, for the first time ever in wartime, ruled against the government, granting the prisoners habeas corpus rights.

Lawyers were allowed into Guantánamo, piercing the veil of secrecy that had allowed a regime of torture and abuse to thrive unmonitored, although President Bush immediately persuaded Congress to pass new legislation that again stripped the prisoners of their habeas rights. Further legal struggles then led to habeas rights being reintroduced in another Supreme Court case, Boumediene v. Bush, in June 2008. Read the rest of this entry »

North Carolina Citizens’ Group Launches Investigation of CIA’s Bush-Era Rendition and Torture Program

Christina Cowger and Allyson Caison of North Carolina Stop Torture Now protesting against Aero Contractors, who flew rendition flights for the CIA’s torture program, in January 2013. Cowger is now part of the North Carolina Commission of Inquiry on Torture (Photo: Bob Geary).Please support my work! 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 month, the Associated Press picked up on an important anti-torture initiative in North Carolina, which, in turn, was picked up by the New York Times. and, in the UK, the Independent. I didn’t have the opportunity to mention it at the time, so I’m doing so now, as I want to play my part in trying to get it to a wider audience.

The Times ran the article under the headline, “Citizens’ Group Aims to Investigate CIA Rendition Program,” explaining how, on Wednesday March 15 in Raleigh, North Carolina, the North Carolina Commission of Inquiry on Torture — a group of academics, retired military officers and ministers — announced plans “to hold public hearings in North Carolina to highlight a government program they hope won’t be repeated: the secret CIA interrogation sites where suspected terrorists might be tortured.”

As their website describes it, the NCCIT was “set up to investigate and encourage public debate about the role that North Carolina played in facilitating the US torture program carried out between 2001 [and] 2009. This non-governmental inquiry responds to the lack of recognition by North Carolina’s publicly elected officials and the US government of citizens’ need to know how their tax dollars and state assets were used to support unlawful detention, torture, and rendition.” Read the rest of this entry »

US Military Lawyer Submits Petition to Inter-American Commission on Human Rights on Behalf of Mohammad Rahim, CIA Torture Victim Held at Guantánamo

Mohammad Rahim, an Afghan prisoner at Guantanamo, regarded as a "high-value detainee," in photo taken by representatives of the International Committee of the Red Cross, who made it available to his family, who, in turn, made it publicly available.Please support my work! 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.

 

In trying to catch up on a few stories I’ve missed out on reporting about recently, I’d like to draw readers’ attention to a petition submitted to the Inter-American Commission on Human Rights on behalf of Mohammad Rahim, a CIA torture victim held at Guantánamo, who was, in fact, the last prisoner to arrive at the prison in March 2008.

The petition was submitted by Major James Valentine, Rahim’s military defence attorney, and the researcher Arnaud Mafille, and it follows previous submissions to the IACHR on behalf of Djamal Ameziane, whose release was requested in April 2012 (and who was eventually released, but not as a direct result of the IACHR ruling), and Moath al-Alwi, whose lawyers submitted a petition on his behalf in February 2015, which led to the IACHR issuing a resolution on March 31, 2015 calling for the US to undertake “the necessary precautionary measures in order to protect the life and personal integrity of Mr. al-Alwi,” on the basis that, “After analyzing the factual and legal arguments put forth by the parties, the Commission  considers that the information presented shows prima facie that Mr. Moath al-Alwi faces a serious and urgent situation, as his life and personal integrity are threatened due to the alleged detention conditions.”

Al-Alwi was, at the time, a hunger striker, and in the petition his lawyers stated that, “During his detainment at Guantánamo, Mr. al-Alwi has been systematically tortured and isolated. He has been denied contact with his family, slandered and stigmatized around the globe. He has been denied an opportunity to develop a trade or skill, to meet a partner or start a family. He has been physically abused, only to have medical treatment withheld.” Read the rest of this entry »

Convincing the US He Wasn’t Part of Al-Qaeda: Abu Zubaydah’s 2008 and 2009 Declarations Regarding His Torture

Abu Zubaydah, in an illustration by Jared Rodriguez, used to accompany an article on Truthout.Please support my work! 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 I published an article, 15 Years of Torture: The Unending Agony of Abu Zubaydah, in CIA “Black Sites” and  Guantánamo, marking the 15th anniversary of the capture, in Pakistan, of Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), the gatekeeper of an independent training camp in Afghanistan who was mistakenly regarded by the US authorities as a key player in al-Qaeda and subjected to torture in secret CIA prisons in Thailand, Poland and elsewhere before arriving at Guantánamo with 13 other “high-value detainees” in September 2006.

My article last week ran though the main elements of Abu Zubaydah’s post-capture story — in particular, how he has been severely mentally and physically damaged by his torture, and how, embarrassingly for the US, he was not even who the authorities claimed he was.

As I stated, “We know … that Abu Zubaydah’s torture was profoundly damaging to his mental and physical health, and that he suffers from seizures, and we also know that, ignominiously, the US authorities have walked back from almost all their claims about him. Once mistakenly touted as al-Qaeda’s No. 3, even though the FBI knew that claim was idiotic, it was eventually conceded that he wasn’t a member of al-Qaeda and knew nothing about the 9/11 attacks in advance.” Read the rest of this entry »

15 Years of Torture: The Unending Agony of Abu Zubaydah, in CIA “Black Sites” and Guantánamo

Abu Zubaydah: illustration by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files released by WikiLeaks in 2013.Please support my work! 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.

 

In the eleven years since I first began working on Guantánamo full-time, researching its history and the stories of the men held there, writing about them and working to get the prison closed down, one date has been burned into my mind: March 28, 2002, when Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), an alleged “high-value detainee,” was seized in a house raid in Faisalabad, Pakistan. That night dozens of prisoners were seized in a number of house raids in Faisalabad, and some were taken to CIA “black sites” or sent abroad on behalf of the CIA to torture facilities in other countries, run by their own torturers. Most ended up, after a few months, in Guantánamo, and most — through not all — have now been released, but not Abu Zubaydah.

He, instead, was sent to a CIA “black site” in Thailand, where he was the first prisoner subjected to the CIA’s vile post-9/11 torture program, revealed most clearly to date in the executive summary of the Senate Intelligence Committee’s report about the program, published in December 2014. Although the executive summary was heavily redacted, and the full report has never been made public, it remains the most powerful official indictment of the torture program, which, it is clear, should never have been embarked upon in the first place.

After Thailand, where he was subjected to waterboarding (an ancient form of water torture) on 83 occasions, Abu Zubaydah was sent to Poland, and, after other flights to other locations (a “black site” in Guantánamo, briefly), and others in Morocco, Lithuania, and — probably — Afghanistan, he ended up back at Guantánamo, though not covertly, in September 2006, when President Bush announced to the world that he and 13 other “high-value detainees” had been removed from the CIA “black sites” whose existence he had previously denied, but which, he now admitted, had existed but had just been shut down. 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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