I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.
This is a grim time of year for anniversaries relating to Guantánamo. Two days ago, February 6, was the first anniversary of the start of last year’s prison-wide hunger strike, which woke the world up to the ongoing plight of the prisoners — over half of whom were cleared for release by a Presidential task force over four years ago but are still held.
The hunger strike — which, it should be noted, resumed at the end of last year, and currently involves dozens of prisoners — forced President Obama to promise to resume releasing prisoners, after a three-year period in which the release of prisoners had almost ground to a halt, because of opposition in Congress, and President Obama’s unwillingness to overcome that opposition, even though he had the power to do so.
To mark the anniversary, a number of NGOs — the ACLU, Amnesty International, the Center for Constitutional Rights, Human Rights First and Human Rights Watch — launched a campaign on Thursday, “Take a Stand for Justice,” encouraging people to call the White House (on 202-456-1111) to declare their support for President Obama’s recent call for Guantánamo to be closed for good (in his State of the Union address, he said, “With the Afghan war ending, this needs to be the year Congress lifts the remaining restrictions on detainee transfers and we close the prison at Guantánamo Bay”). Please call the White House if you can, and share the page via social media. Read the rest of this entry »
Six weeks ago, on June 26, the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I posted the first half of a newly released documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch and Stephen Rohde of the ACLU.
The documentary, which looks at the many ways in which the most senior figures in the Bush administration — including George W. Bush, Dick Cheney and Donald Rumsfeld — have escaped accountability for the crimes committed in the “war on terror” declared after the 9/11 attacks, was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.
The producer, John Odam, has just sent me a link to the second part of this powerful documentary, on YouTube, which I’ve made available below, along with the first part. It features all of the experts interviewed in the first half, as well as Stephen Zunes, a Professor of Politics and International Studies at the University of San Francisco. Read the rest of this entry »
As today is the International Day in Support of Victims of Torture, initiated by the United Nations in 1997, on the 10th anniversary of the the day that the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force, I’d like to take this opportunity to promote a newly released half-hour documentary film, “Culture of Impunity,” for which I was interviewed along with the law professor and author Marjorie Cohn, the professor, author and filmmaker Saul Landau, the author and activist David Swanson, Laura Pitter of Human Rights Watch, and Stephen Rohde of the ACLU.
The film, the first of a two-part documentary (with the second part to follow later in the year) was produced by Alternate Focus, which describes itself as “working for peace and justice by offering the American public media which shows another side of Middle Eastern issues,” and I was interviewed for it in April.
Dealing with the illegal invasion of Iraq, the establishment of Guantánamo, “extraordinary rendition,” CIA “black sites,” America’s secret torture program, and the guilt of those responsible for initiating the war, the arbitrary detention and the torture — including George W. Bush, Dick Cheney, Donald Rumsfeld and Condoleezza Rice — the film also covers the case of Ibn al-Shaykh al-Libi, who I spoke about. Read the rest of this entry »
“It is indisputable that the United States engaged in the practise of torture.” These powerful words are from “The Report of the Constitution Project’s Task Force on Detainee Treatment,” a 600-page report involving a detailed analysis of the treatment of prisoners following the terrorist attacks of September 11, 2001. The project took two years to complete, and its conclusions are difficult to dismiss, as the eleven-member panel constitutes a cross-section of the US establishment.
The co-chairs are Asa Hutchinson, who, as the Atlantic described it, “served in the Bush Administration as a Department of Homeland Security undersecretary from 2003 to 2005, and as the administrator of the Drug Enforcement Administration before that,” and James R. Jones, “a former US ambassador to Mexico and a Democratic member of the House of Representatives for seven terms.”
Other members of the panel include “Talbot D’Alemberte, a former president of the American Bar Association; legal scholar Richard Epstein; David Gushee, a professor of Christian ethics; David Irvine, a former Republican state legislator and retired brigadier general; Claudia Kennedy, ‘the first woman to receive the rank of three-star general in the United States army'; naval veteran and career diplomat Thomas Pickering; [and] William Sessions, director of the FBI in three presidential administrations.”
The project was undertaken because, as the Task Force explained, “the Obama administration declined, as a matter of policy, to undertake or commission an official study of what happened, saying it was unproductive to ‘look backwards’ rather than forward.” Read the rest of this entry »
Exactly ten years ago, on August 1, 2002, Jay S. Bybee, who, at the time, was the Assistant Attorney General in the Justice Department’s Office of Legal Counsel, signed two memos (see here and here) that will forever be known as the “torture memos.” Also known as the Bybee memos, because of Bybee’s signature on them, they were in fact mainly written by John Yoo, a law professor at UC Berkeley, who worked as a lawyer in the OLC from 2001 to 2003.
Although the OLC is supposed to provide impartial legal advice to the executive branch, Yoo was not interested in being impartial. As one of six lawyers close to Vice President Dick Cheney — along with David Addington, Cheney’s Legal Counsel, White House Counsel Alberto Gonzales, White House Deputy Counsel Tim Flanigan, William J. Haynes II, the Pentagon’s General Counsel, and his deputy, Daniel Dell’Orto — he played a significant role in formulating the notion that, in the Bush administration’s “war on terror,” prisoners could be held as “enemy combatants” without the traditional protections of the Geneva Conventions; in other words, without any rights whatsoever.
This position was confirmed in an executive order issued by President Bush on February 7, 2002, and was not officially challenged until the Supreme Court reminded the government, in Hamdan v. Rumsfeld in June 2006, that Common Article 3 of the Geneva Conventions, which prohibits torture and “outrages upon personal dignity, in particular humiliating and degrading treatment,” applies to all prisoners seized in wartime. Read the rest of this entry »
Exactly ten years ago, two memos written by John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel, were signed by his immediate boss, Jay S. Bybee. In these two memos, Yoo, also a law professor at UC Berkeley, attempted to redefine torture so that it could be used on Abu Zubaydah, an alleged “high-value detainee” seized in the “war on terror,” even though the US is a signatory to the UN Convention Against Torture, which prohibits the use of torture under any circumstances.
These two memos, generally known as the Bybee memos, but forever known to anyone with a conscience as the “torture memos,” marked the start of an official torture program that will forever be a black mark on America’s reputation — as well as providing cover for torturers worldwide, and turning America into such a dubious and lawless nation that President Obama and his administration have shied away form holding any of their predecessors accountable for their actions, and have swallowed the Bush administration’s rhetoric about a “war on terror” to such an extent that, although torture has been officially repudiated, the administration has presided over a massive increase in the use of unmanned drones to assassinate those regarded as a threat, without any judicial process, and in countries with which the US is not at war, including US citizens.
In an article to follow soon, I will examine this anniversary more closely, but for now I wanted to make sure that I marked it in some manner, having been away at the WOMAD world music festival for most of the run-up to it, and I’m delighted to use the occasion to cross-post an op-ed from the Los Angeles Times written by Col. Morris Davis, the former chief prosecutor of the military commissions at Guantánamo, who resigned five years ago, when he was placed in a chain of command under William J. Haynes II, the Pentagon’s General Counsel, and one of the main drivers of the torture program. Read the rest of this entry »
Ten and a half years into the Guantánamo experiment, as it becomes ever harder for those who are still appalled by the prison’s existence, and by the failures of all three branches of the US government — under Barack Obama — to close it, my friends and colleagues Jeffrey Kaye and Jason Leopold are to be commended for not giving up, and for digging away at the secrets that still shroud Guantánamo, and that, moreover, are still capable of providing a shock when uncovered, even if they are generally ignored by the mainstream media.
On Wednesday, the mainstream media decided to pay attention for a change, and Jeff and Jason’s report on a drugging scandal at Guantánamo, published on Truthout, where Jason is the lead investigative reporter and Jeff, a full-time psychologist, is also a regular contributor, was picked up by mainstream media outlets including the Associated Press, AFP and Britain’s Daily Mail.
Their article was based on the release of a Pentagon report, “Investigation of Allegations of the Use of Mind-Altering Drugs to Facilitate Interrogations of Detainees” that they requested through Freedom of Information legislation two years ago, and it paints a depressing story of prisoners at Guantánamo being given given powerful anti-psychotic medication and then, on occasions, interrogated, even though they were in no fit state to answer questions competently. Read the rest of this entry »
Last week, the bad news from the Supreme Court was not just manifested in the court’s decision to abdicate its responsibilities towards the prisoners held at Guantánamo Bay, Cuba, by turning down appeals submitted by seven of the 169 men still held, although that was a dreadful decision, establishing, as it did, that the D.C. Circuit Court could continue in its mission to extinguish the habeas corpus rights that had been granted to the prisoners by the Supreme Court in June 2008.
However, it was also accompanied by a refusal to consider an appeal by Jose Padilla, the US citizen held as an “enemy combatant” in a military brig on the US mainland for three and half years from June 2002 to November 2005, and tortured, particularly through the use of prolonged isolation, sleep deprivation and sensory deprivation.
On May 2, the Ninth Circuit Court of Appeals, in California, reversed a lower court decision (PDF) allowing Padilla to pursue a lawsuit against John Yoo, the Justice Department lawyer who wrote the notorious “torture memos,” in which he cynically attempted to redefine torture so that it could be used by the CIA. Padilla — and his mother, Estela Lebron — sought to hold Yoo “liable for damages they allege they suffered” during his “unlawful” detention, which was “in violation of his constitutional and statutory rights,” but the court disagreed. As Scott Horton explained for Harper’s Magazine: Read the rest of this entry »
Law-abiding US citizens have been appalled that Jose Rodriguez, the director of the CIA’s National Clandestine Service until his retirement in 2007, was invited onto CBS’s “60 Minutes” program last weekend to promote his book Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, in which he defends the use of torture on “high-value detainees” captured in the Bush administration’s “war on terror,” even though that was — and is — illegal under US and international law.
Rodriguez joins an elite club of war criminals — including George W. Bush, Dick Cheney and Donald Rumsfeld — who, instead of being prosecuted for using torture, or authorizing its use, have, instead, been allowed to write books, go on book tours and appear on mainstream TV to attempt to justify their unjustifiable actions.
All claim to be protected by the “golden shield” offered by their inside man, John Yoo, part of a group of lawyers who aggressively pushed the lawlessness of the “war on terror.” Abusing his position as a lawyer in the Justice Department’s Office of Legal Counsel, whose mandate is to provide impartial legal advice to the executive branch, Yoo instead attempted to redefine torture and approved its use — including the use of waterboarding, an ancient torture technique and a form of controlled drowning — on an alleged “high-value detainee,” Abu Zubaydah, in two memos, dated August 1, 2002, that will forever be known as the “torture memos.” Read the rest of this entry »
Last summer, I wrote an article reviewing ten years of Guantánamo for the Future of Freedom Foundation, for whom I write a weekly column for their online Email Update. This article, however, was for their monthly magazine, Freedom Daily. It was published in the January 2012 issue, to coincide with the 10th anniversary of the opening of Guantánamo on January 11, 2012, and was published online on April 12, and I’m cross-posting it here in the hope that it will provide other readers with an understanding of the depth of the lawlessness that has prevailed at Guantánamo for the last ten years.
When the prison at Guantánamo Bay, Cuba opened on January 11, 2002 as part of the Bush administration’s global “war on terror,” in response to the terrorist attacks of September 11, 2001, it was not immediately apparent that it was a dangerous aberration from recognized laws and treaties that would tarnish America’s name forever.
There had been hints that this was the case — primarily, the fact that a war had been declared when a crime had taken place, and the military order issued by the President in November 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” in which he stated that members of al-Qaeda or those who harbored them could be held by the US military and, if required, subjected to military trials.
Also worrying, when Guantánamo opened, were the photos of the first prisoners to arrive at the prison, shackled in orange jumpsuits, and subjected to sensory depravation, with their eyes and ears closed with blackout goggles and headphones. The photos shocked many of America’s supporters, if not Americans themselves, who were used to orange jumpsuits from their domestic prisons, and had been primed relentlessly since the 9/11 attacks to enthuse over Wild West-style vengeance, and not to ask too many questions. Read the rest of this entry »
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