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 »

No Justice for 14 Tortured “High-Value Detainees” Who Arrived at Guantánamo Ten Years Ago

Abu Zubaydah, Khalid Sheikh Mohammed and Abd al-Rahim al-Nashiri, three of the 14 "high-value detainees" who arrived at Guantanamo from CIA "black sites" ten years ago, on September 6, 2006.I wrote the following article (as “Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice”) 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.

Ten years ago, on September 6, 2006, President Bush announced that secret CIA prisons, whose existence he had always denied, had in fact existed, but had now been closed down, and the prisoners held moved to Guantánamo.

14 men in total were transferred to Guantánamo. Three were named by President Bush — Abu Zubaydah, described as “a senior terrorist leader and a trusted associate of Osama bin Laden,” and Khalid Sheikh Mohammed (KSM) and Ramzi bin al-Shibh, allegedly involved in the 9/11 attacks. Biographies of the 14 were made available, and can be found here. They include three other men allegedly involved in the 9/11 attacks — Walid bin Attash, Ammar al-Baluchi (aka Ali Abd al-Aziz Ali) and Mustafa al-Hawsawi — plus Abd al-Rahim al-Nashiri, allegedly involved in the bombing of the USS Cole in 2000, Ahmed Khalfan Ghailani, a Tanzanian allegedly involved in the US Embassy bombings in Kenya and Tanzania in 1998, Majid Khan, a Pakistani alleged to be an al-Qaeda plotter in the US, the Indonesian Hambali and two Malaysians, Zubair and Lillie, the Libyan Abu Faraj al-Libi, and a Somali, Gouled Hassan Dourad.

After the men’s arrival, they were not heard from until spring 2007, when Combatant Status Review Tribunals (CSRTs) were held, which were required to make them eligible for military commission trials. As I explained in my book The Guantánamo Files in 2007, KSM and Walid bin Attash confessed to involvement with terrorism, although others were far less willing to make any kind of confession. Ammar al-Baluchi, for example, a nephew of KSM, and another of the alleged 9/11 co-conspirators, denied advance knowledge of the 9/11 attacks, or of al-Qaeda. Read the rest of this entry »

Six Months After the CIA Torture Report, We’re Still Waiting for Accountability

An excerpt from the executive summary of the Senate Intelligence Committee's report into the CIA's post-9/11 torture program, showing some of the redactions.I’m sure many of us remember where we were on December 9, 2014, when, two years after it was completed, the 500-page executive summary of the Senate Intelligence Committee’s five-year, 6,700-page, $40m report into the CIA’s post-9/11 torture report was released, which I wrote about here and here.

It was a momentous occasion, for which Sen. Dianne Feinstein, and everyone who worked with her to compile the report and and to publish it (or its executive summary, at least), deserve profound thanks. In dark times, in which the US system of checks and balances has gone awry, this was a bright light in the darkness. It also caused British commentators like myself to reflect on the fact that it was something that would never happen in the UK.

That said, however, the widespread sense of horror that greeted the publication of the executive summary, with its profoundly disturbing details that were unknown before — like the “rectal feeding” of prisoners for example — has not, in the six months since, led to firm action to hold accountable those who authorized and implemented the program, which is, of course, unacceptable. As I wrote at the time in my article for Al-Jazeera: Read the rest of this entry »

Life Sentence for Sulaiman Abu Ghaith Discredits Guantánamo’s Military Commissions

On Tuesday, in a courtroom in New York City, a long-running chapter in the “war on terror” came to an end, when Sulaiman Abu Ghaith, 48, a Kuwaiti-born cleric who appeared in media broadcasts as a spokesman for Al-Qaeda the day after the terrorist attacks of September 11, 2001, received a life sentence based on the three counts for which he was convicted after his trial in March: conspiracy to kill Americans, providing material support to terrorists and conspiring to provide material support to terrorists.

The life sentence came as no surprise, as it is permissible for the main conspiracy charge, although Abu Ghaith’s lead defense lawyer, Stanley L. Cohen, had, as the New York Times described it, “sought a sentence of 15 years, saying in a court submission that his client was facing ‘the harshest of penalties for talk — and only talk.'” The Times added that Cohen had likened Abu Ghaith to “an outrageous daytime ‘shock-radio’ host, or a World War II radio propagandist for a losing ideology.”

In court, as the Times also noted, Cohen “emphasized that his client had played no role in specific acts of terrorism,” but the government had argued otherwise, stating in a sentencing memorandum that there was “no fathomable reason to justify a sentence other than life.” Read the rest of this entry »

The Chaotic History of Guantánamo’s Military Commissions

See the full list here of everyone charged in the military commissions at Guantánamo.

Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.

As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.

The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »

Will the End of War in Afghanistan Spur Obama to Close Guantánamo?

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.

The short answer to the question, “Will the End of War in Afghanistan Spur Obama to Close Guantánamo?” is probably no, for reasons I will explain below, although it is, of course, significant to numerous interested parties that the withdrawal of US troops from Afghanistan next year provides an opportunity for new discussions about the ongoing detention of 164 prisoners at Guantánamo, and, probably, new legal challenges on their behalf.

On October 18, the Washington Post discussed these issues in an article entitled, “Afghan war’s approaching end throws legal status of Guantánamo detainees into doubt,” in which Karen DeYoung suggested, “The approaching end of the US war in Afghanistan could help President Obama move toward what he has said he wanted to do since his first day in office: close the US prison at Guantánamo Bay, Cuba.”

The article described how officials in the Obama administration were “examining whether the withdrawal of US troops at the end of 2014 could open the door” for some of the remaining 164 prisoners “to challenge the legal authority of the United States to continue to imprison them.” Read the rest of this entry »

Guantánamo Hunger Strike: Obama Administration Hints at Progress on Releasing Yemenis

100 days after the majority of the remaining 166 prisoners in Guantánamo embarked on a hunger strike, and after a weekend of actions in the US, the UK and elsewhere to highlight the continuing injustice of the prison, the world is waiting — again — to hear from President Obama.

As news of the hunger strike filtered out of the prison in late February, and, throughout March, spread like wildfire throughout the world’s media, attracting criticism of the administration from the International Committee of the Red Cross and the United Nations, as well as critical coverage in the US, President Obama remained silent.

Three weeks ago, President Obama finally broke his silence, delivering a speech at a news conference in which, as I explained here, he eloquently explained why Guantánamo is such an abomination, but failed to accept his own responsibility for the prison’s continued existence, blaming Congress and claiming that all he could do was to go back to lawmakers to seek their cooperation.

Whilst it is certainly true that lawmakers have raised huge obstacles to prevent the release of prisoners and the closure of the prison, it is also true that President Obama personally imposed a ban on releasing any of the cleared Yemenis who make up 56 of the 86 men still held whose release was recommended by the President’s own inter-agency task force back in January 2010, following a failed airline bomb plot on Christmas Day 2009, which was hatched in Yemen. Read the rest of this entry »

Closing Guantánamo: Obama Administration Responds to Calls for Action by Carl Levin, Harold Koh and 200,000 Concerned Citizens

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.

As the prison-wide hunger strike continues at Guantánamo, one of the key demands of campaigners — including myself and Tom Wilner, here at “Close Guantánamo” — has been for President Obama to appoint an official to oversee the closure of the prison, to replace Daniel Fried, the State Department official who oversaw the release of dozens of prisoners in 2009 and 2010, before Congress — and the President himself — raised obstacles to the release of prisoners.

Fried was reassigned in January this year, and no one was appointed to take his place, a message that was easily interpreted as a sign that President Obama and his administration had decided that the closure of Guantánamo was no longer a priority.

Yesterday, however, Attorney General Eric Holder told a news conference that, as Reuters reported it, the government “intends to revive a vacant position coordinating policy” for the prison at Guantánamo Bay. “We’re in the process of working on that now. We’re looking at candidates,” Holder told a news conference. Read the rest of this entry »

Eleven Years After 9/11, Guantánamo Is A Political Prison

Eleven years since the terrorist attacks on September 11, 2001, the majority of the remaining 168 men in Guantánamo are not held because they constitute an active threat to the United States, but because of inertia, political opportunism and an institutional desire to hide evidence of torture by US forces, sanctioned at the highest levels of government. That they are still held, mostly without charge or trial, is a disgrace that continues to eat away at any notion that the US believes in justice.

It seems like an eternity since there was the briefest of hopes that George W. Bush’s “war on terror” prison at Guantánamo would be shut down. That was in January 2009, but although Barack Obama issued an executive order promising to close Guantánamo within a year, he soon reneged on that promise, failing to stand up to Republican critics, who seized on the fear of terrorism to attack him, and failing to stand up to members of his own party, who were also fearful of the power of black propaganda regarding Guantánamo and the alleged but unsubstantiated dangerousness of its inmates.

The President himself also became fearful when, in January 2010, the Guantánamo Review Task Force, which he himself had appointed, and which consisted of career officials and lawyers from government departments and the intelligence agencies, issued its report based on an analysis of the cases of the 240 prisoners inherited from George W. Bush (PDF). The Task Force recommended that, of the 240 men held when he came to power, only 36 could be prosecuted, but 48 others were regarded as being too dangerous to release, even though insufficient evidence existed to put them on trial. Read the rest of this entry »

Families of US Citizens Killed in Drone Attacks in Yemen Take Obama Officials to Court

Yesterday, in New York, the Center for Constitutional Rights (CCR) and the American Civil Liberties Union (ACLU) filed a lawsuit (PDF) accusing US defense secretary Leon Panetta, CIA director David Petraeus, and William McRaven and Joseph Votel, the commanders of Special Operations Command (SOCOM) and Joint Special Operations Command (JSOC), of violating the Constitution and international law when they authorized and directed drone strikes that resulted in the deaths of three US citizens in Yemen last year — Anwar al-Aulaqi (aka al-Awlaki) and Samir Khan in a strike on September 30, 2011, which I wrote about here, and al-Aulaqi’s 16-year old son, Abdulrahman al-Aulaqi, in another strike on October 14, 2011, at an open-air restaurant (a strike that killed at least seven people, including another child, Abdulrahman’s 17-year old cousin).

The lawsuit was filed on behalf of Nasser Al-Aulaqi, the father and grandfather of Anwar and Abdulrahman Al-Aulaqi, and Sarah Khan, the mother of Samir Khan, and please see below a heart-breaking video of Nasser al-Aulaqi speaking about his grandson, in which he explains, “I want Americans to know about my grandson. He was a very nice boy he was very caring boy … I never thought that one day this boy, this nice boy, will be killed by his own government for no wrong he did certainly.” Abdulrahman had no connection to terrorism, and had merely been trying to find his father, who he missed, having last seen him before he went into hiding in 2009.   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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