Abandoning Guantánamo: The Supreme Court’s Shame as a Military Commission Appeal Is Turned Down

Protestors against rh existence of Guantanamo outside the US Supreme Court on January 11, 2012, the 10th anniversary of the opening of the prison (Photo: Andy Worthington).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.

On Tuesday (October 10), when the Supreme Court turned down an appeal submitted by Ali Hamza al-Bahlul, a Guantánamo prisoner convicted of terrorism charges in October 2008 in a military commission trial, the justices demonstrated that, for over nine years now, they have proved incapable of fulfilling their role of upholding the law when it comes to issues relating to terrorism.

This is a profound disappointment, because, four months before al-Bahlul’s conviction, on June 12, 2008, those who respect the law — and basic human decency — were thrilled when the Supreme Court delivered a major ruling in favor of the prisoners at Guantánamo. In Boumediene v. Bush, the justices ruled that the prisoners had constitutionally guaranteed habeas corpus rights; in other words, that they could ask an impartial judge to rule on whether or not their imprisonment was justified.

The ruling was the third major ruling by the Supreme Court regarding Guantánamo. In June 2006, in Hamdan v. Rumsfeld, the court had ruled that the military commission trial system at Guantánamo did not have “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.” The court also ruled that Common Article 3 of the Geneva Conventions, prohibiting torture and “humiliating and degrading treatment,” had been violated. Read the rest of this entry »

No Justice at Guantánamo After 250 Days of Trump

Some of the Close Guantanamo supporters who have been photographed in 2017 with posters urging Donald Trump to close the prison.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.

Yesterday we marked a sad milestone — 250 days since the start of Donald Trump’s presidency. Across the spectrum of political life, the disaster that is Donald Trump continues to damage the US at home and to tarnish America’s reputation abroad, and, while there are too many problems to list, certain recent issues stand our for us —the persistence with which Trump continues to try to implement his outrageous Muslim ban, his racist targeting of black sportsmen for what he perceives as their lack of patriotism, and his warmongering against North Korea at the United Nations.

Islamophobia, racism and warmongering are always to be despised when they raise their ugly heads at the highest levels of government, and when it comes to our particular topic of concern — the prison at Guantánamo Bay — these signs from Trump do not bode well for our aim of seeing Guantánamo closed once and for all.

It is true that Trump has not yet managed to do anything stupendously negative regarding Guantánamo, despite threatening to do so. And so, for example, he has not officially rescinded President Obama’s executive order calling for the prison’s closure, and has not sent any new prisoners there, despite very evidently wanting to do so. Read the rest of this entry »

Former Obama Security Official Says Keeping Guantánamo Open “Damages Our National Security”

Photos of some of the campaigners who, throughout 2017, have been photographed with posters urging Donald Trump to close Guantanamo.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.

Eight months since Donald Trump became president, and 16 years after the terrorist attacks of September 11, 2001, one unfortunate side-effect of 9/11 — the prison at Guantánamo Bay — briefly flickered back into the national consciousness last week.

That faraway facility, where 41 men are still held, was supposed to have been closed by President Obama, but that was a promise he failed to keep, despite having eight years to do. And now Donald Trump — childishly, petulantly, as usual — wants to treat the prison as his own plaything, somewhere to keep open forever, and to send new people to, whom he regards as his version of what Bush administration officials so memorably — and disproportionately — referred to as “the worst of the worst.”

“The worst of the worst” never were held at Guantánamo, as Larry Wilkerson, the former chief of staff to Secretary of State Colin Powell explained to me in an interview in 2009. He told me, “I laughed at this when I first heard it, but now I realize it was probably closer to the truth than anything the administration said — when Bush announced in September 2006, with some degree of trepidation, that he’d transferred these 14 to Guantánamo out of the secret prisons. Now I realize that they made that transfer principally so they could get some hardcore terrorists to Guantánamo.” Read the rest of this entry »

Quarterly Fundraiser Day 4: Why I Need Your Money ($2000/£1600) to Keep Me Working as a Reader-Funded Guantánamo Journalist

Andy Worthington calls on Donald Trump to close Guantanamo outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of the prison (Photo: Justin Norman).Please click on the ‘Donate’ button below to make a donation towards the $2000 (£1600) I’m trying to raise to support my work on Guantánamo for the next three months!

 

Dear friends, supporters, and any interested passers-by,

I need your help, and I won’t beat around the bush. I’m a reader-funded journalist, activist and creator, and I can’t continue to do what I do without your help. I’m trying to raise $2000 (£1600) to support my work for the next three months, and any amount — $15, $25, $50, $100 or more —will be very gratefully received. Click on the ‘Donate’ button above to make a donation, via Paypal.

So what do I do, and why do I need your money?

Well, since 2006, I’ve been researching and writing about the “war on terror” prison at Guantánamo Bay and working to get it closed down, because it’s a legal, moral and ethical abomination, and because outrageous lies have been told about the significance of the men held here (the “worst of the worst,” we were told, although most, as I have demonstrated repeatedly, were no such thing).

First — unpaid — I wrote a book, The Guantánamo Files, telling the stories of the prisoners, which took me 14 months, and then I began publishing articles here, on my website, on a daily basis, as I could find no one at the time prepared to pay me to write about everything I had learned through 14 months of research and writing. Read the rest of this entry »

11 Years After CIA Torture Victims Arrived at Guantánamo, Whistleblowers Joseph Hickman and John Kiriakou on How Torture “Became Legal” After 9/11

Joseph Hickman and John Kiriakou, former US whistleblowers and authors of 'The Convenient Terrorist', a new book about the US torture program, with a particular focus on Abu Zubaydah.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.

Exactly eleven years ago, on September 6, 2006, George W. Bush, who had previously denied holding prisoners in secret prisons run by the CIA, admitted that the secret prisons did exist, but stated in a press conference that the men held in them had just been moved to Guantánamo, where they would face military commission trials.

To date, just one man has been successfully prosecuted — Ahmed Khalfan Ghailani, a minor player in the 1998 bombings of two US embassies in Africa, who was only successfully prosecuted because he was moved to the US mainland and given a federal court trial. In response, Republican lawmakers petulantly passed legislation preventing such a success from happening again, leaving the other men to be caught in seemingly endless pre-trial military commission hearings, or imprisoned indefinitely without charge or trial. Seven men — including Khalid Sheikh Mohammed and four other men changed in connection with the 9/11 attacks — are in the former category, while another man (Majid Khan) agreed to a plea deal in 2012, but is still awaiting sentencing, and five others — including Abu Zubaydah, a logistician mistakenly regarded as a high-ranking terrorist leader, for whom the torture program was first developed — continue to be held without charge or trial, and largely incommunicado, with no sign of when, if ever, their limbo will come to an end.

Last year, I wrote an article about the “high-value detainees” on the 10th anniversary of their arrival at Guantánamo, entitled, Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice, and this year I’m taking the opportunity to cross-post an excerpt from a recently published book, The Convenient Terrorist, by Joseph Hickman and John Kiriakou, published by Skyhorse Publishing, Inc., and available from Amazon, Barnes & Noble and IndieBound. The excerpt was first published on Salon. Read the rest of this entry »

Donald Trump Is Still Trying to Work Out How to Expand the Use of Guantánamo Rather Than Closing It for Good

Opponents of Guantanamo urge Donald Trump to close the prison in a poster campaign rugby the Close Guantanamo campaign, which began on the day of his inauguration.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.

In a dispiriting sign of counter-productive obstinacy on the part of the Trump administration, the New York Times recently reported that, according to Trump administration officials who are “familiar with internal deliberations,” the administration is “making a fresh attempt at drafting an executive order on handling terrorism detainees.” As Charlie Savage and Adam Goldman described it, these efforts “reviv[e] a struggle to navigate legal and geopolitical obstacles” to expand the use of the prison at Guantánamo Bay, which opened over 15 and a half years ago.

Drafts of proposed executive orders relating to Guantánamo had been leaked in Trump’s first week in office, although, as the Times noted, “Congress and military and intelligence officials pushed back against ideas in early drafts, like reopening the CIA’s overseas ‘black site’ prisons where the Bush administration tortured terrorism suspects.” As a result, the White House “dropped that and several other ideas, but as the drafts were watered down, momentum to finish the job faltered.”

Alarmingly, however, Savage and Goldman noted that the Trump administration officials they spoke to told them that Trump “had been expected to sign a detention policy order three weeks ago,” and that the plan only “changed after he fired his first chief of staff, Reince Priebus, on July 28 and replaced him with John F. Kelly,” a retired Marine Corps general who was the commander of US Southern Command, which oversees prison operations at Guantánamo, from November 2012 to January 2016. Read the rest of this entry »

Six Months of Trump: Is Closing Guantánamo Still Possible?

A collage of Donald Trump and the sign for Camp Delta at Guantanamo Bay.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.

Just a few days ago, we passed a forlorn milestone: six months of the presidency of Donald Trump. On every front, this first six months has been a disaster. Trump humiliates America on the international stage, and at home he continues to head a dysfunctional government, presiding by tweet, and with scandal swirling ever closer around him.

On Guantánamo, as we have repeatedly noted, he has done very little. His initial threats to send new prisoners there, and to revive CIA “black sites,” have not materialized. However, if he has not opened the door to new arrivals, he has certainly closed the door on the men still there.

These include, as Joshua A. Geltzer, the senior director for counterterrorism at the National Security Council from 2015 until Trump took office, wrote in “Is Closing Guantánamo Still Conceivable?,” a recent article for the Atlantic, “the five still held at Guantánamo despite being recommended for transfer.” He added, “This official designation refers to those still believed to be lawfully detained under the law of war, but unanimously recommended for repatriation or resettlement by an interagency group of career officials. In other words, their continued detention has been deemed unnecessary, assuming an appropriate country can be identified to accept them under conditions that ensure their humane treatment and address any lingering threat they might pose.” 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 US Independence Day, Please Join Us in Telling Donald Trump to Close Guantánamo

Supporters of the Close Guantanamo campaign urging Donald Trump to close the prison.Please send us a photo of yourself with a poster urging Donald Trump to close Guantánamo!

Please also 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.

Just hours before the United States celebrates the 241st anniversary of its freedom from the yoke of British tyranny, all is not well in the Land of the Free. With Donald Trump in the White House, the US’s reputation abroad is floundering. Trump seems to govern by tweet and to have no idea of what the position of president entails, and far from “draining the swamp” as he promised, cleaning up politics and standing up for ordinary Americans, he has, predictably, embarked on a corporate-pleasing, right-wing agenda, slashing healthcare for poorer Americans, being gung-ho for war, showing contempt for the environment and love for energy companies, and hammering away at creating a travel ban for Muslims that is disgracefully racist and unacceptably wide-reaching and imprecise in its scope.

On Guantánamo, he has, to date, done very little despite threatening to send new prisoners there and to reintroduce torture — both ambitions that wiser heads counselled him to drop. However, inaction does absolutely nothing to deal with the ongoing injustice of Guantánamo, something that Trump cares nothing about, but that continues to trouble those of us who care about justice and the rule of law.

In a law-abiding world, there are only two ways to deprive someone of their liberty — as a criminal, put forward for a trial without excessive delay, or as a combatant seized in wartime, who can be held off the battlefield, unmolested, until the end of hostilities, under the terms of the Geneva Conventions. The men at Guantánamo are neither. After the terrorist attacks of September 11, 2001, the Bush administration arbitrarily rounded up hundreds of men, and claimed that they had no rights whatsoever. Read the rest of this entry »

Four London Gigs for Andy Worthington’s Band The Four Fathers, Promoting Songs from Forthcoming Album, How Much Is A Life Worth?

A poster for The Four Fathers' gigs in London in July 2017.Over the month of July, my band The Four Fathers have four gigs in south east London, and we hope that, if you’re around, you’ll come and see us — and even if you’re not around, we hope that you’ll check out our music, and even buy a download or two!

In the last few months, we’ve been releasing songs from our forthcoming second album, How Much Is A Life Worth? — Close Guantánamo, which I wrote for the Close Guantánamo campaign, and with a new verse dealing with the menace posed by Donald Trump, Dreamers, a song about friendship and parenthood, which I wrote for a friend’s 50th birthday, and, most recently, two of our hardest-hitting political songs, Riot, which warns politicians about what to expect if the poorer members of society are relentlessly exploited and treated with contempt, and London, a love song to the city that has been my home for the last 32 years, in which I reflect with sorrow and anger on how the UK capital’s wildness and its relentless and persistent state of dissent in the 80s and 90s has been tamed — or bludgeoned — by greed over the last 20 years, and how, sadly, the recent disaster at Grenfell Tower in west London is the most distressing outcome of this institutional disdain for the poor.

Other key songs we play live include our anthemic anti-austerity song, Fighting Injustice, our cover of Bob Dylan’s Masters of War (from our debut album, Love and War), the folk song Rebel Soldier that I put to a reggae tune in Brixton in the 1980s, and other songs not yet released — How Much Is A Life Worth?, about how white people perceive the value of their lives against those of (i) the victims of our wars, (ii) refugees and (iii) in the US, black people killed by the police, and Equal Rights and Justice For All, about the importance of habeas corpus. A recent addition is Stand Down Theresa, our updated version of the Beat’s classic protest song, Stand Down Margaret. A rough but energetic version of Stand Down Theresa is on video here. 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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Stonehenge: Celebration & Subversion

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Outside the Law: Stories from Guantánamo

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