Exactly 16 Years Ago, George W. Bush Opened the Floodgates to Torture at Guantánamo

George W. Bush and one of the iconic images of prisoner abuse from Abu Ghraib in Iraq.

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.





 

Since the terrible elevation of the grotesquely inadequate figure of Donald Trump to the position of President of the United States, there has been a bizarre propensity, on the part of those in the center and on the left of US political life, to seek to rehabilitate the previous Republican president, George W. Bush.

So let’s nip this in the bud, shall we? Because unless you’ve been away from the planet for the last 20 years, you must be aware that it was George W. Bush who initiated the US’s brutal and thoroughly counter-productive “war on terror” in the wake of the terrorist attacks of September 11, 2001, which involved authorizing the CIA to set up a secret detention and torture program, establishing a prison outside the law at Guantánamo Bay, Cuba, establishing deportation and surveillance programs within the US, invading one country (Afghanistan) in response to the attacks, where US troops remain to this day, despite having long ago ”snatched defeat from the jaws of victory,” as the author Anand Gopal once explained to me, and invading another country (Iraq) that had nothing to do with 9/11 or al-Qaeda, but which was nevertheless destroyed, along the way serving as the crucible for the creation of a newer threat, Daesh, or Islamic State, as it is more colloquial known in the West, a kind of turbo-charged reincarnation of al-Qaeda.

Today, February 7, is the 16th anniversary of one particularly sinister and misguided development in Bush’s “war on terror” — a memorandum, entitled, “Humane Treatment of Taliban and al Qaeda Detainees,” which was sent to just a handful of recipients including Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, Attorney General John Ashcroft, CIA director George Tenet, and General Richard B. Myers, the Chairman of the Joint Chiefs of Staff. Read the rest of this entry »

The Hideous Pointlessness of Donald Trump’s Executive Order Keeping Guantánamo Open

Images of Donald Trump and 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.





 

Reading Donald Trump’s pompously-entitled “Presidential Executive Order on Protecting America Through Lawful Detention of Terrorists,” which officially keeps the prison at Guantánamo Bay open, reversing a policy of closing it that was held by both of his predecessors, Barack Obama, and, in his second term, George W. Bush, is to step back in time to when Bush and his administration sought to defend their lawless escapade — back in his first term, before the novelty soured.

Straight after the 9/11 attacks, in the Authorization for Use of Military Force (AUMF), Congress authorized the president “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

That document underpins the detention of prisoners at Guantánamo, a detention power the Supreme Court defended in June 2004, in Hamdi v. Rumsfeld, approving imprisonment until the end of hostilities for the men held at Guantánamo, and, as I have frequently noted, essentially setting up, as a result, a parallel version of the Geneva Conventions, a bizarre development without precedent. Read the rest of this entry »

Guantánamo Lawyer: It is “Entirely Unprecedented” for Trump to “Take the Position That There Will Be No Transfers out of Guantánamo Without Regard to the Facts”

Abdul Latif Nasser and Sufyian Barhoumi, two of the five prisoners still held at Guantanamo who were approved for release by high-level government review processes under President Obama.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.





 

Just before Christmas, in an article entitled, “Men due to leave Gitmo under Obama seem stuck under Trump,” the Associated Press shone a light on the plight of five men approved for release from Guantánamo by high-level US government review processes under President Obama, but who were not released before Donald Trump took office. I wrote about these men for Al-Jazeera in June, in an article entitled, “Abdul Latif Nasser: Facing life in Guantánamo,” but it was excellent to see an update from the AP, because there has been no progress from Trump, who, while not following up on his ill-considered urges to expand the use of the prison, has effectively sealed it shut, showing no sign that he has any desire to follow up on the decisions to release these five men by freeing them.

In my article in June, I focused in particular on the case of Abdul Latif Nasser, a Moroccan prisoner who was approved for release in July 2016 by a Periodic Review Board, a parole-type process set up in 2013 by President Obama to assess the cases of men previously regarded as legitimate candidates for indefinite detention without charge or trial. They had been regarded as “too dangerous to release” by a previous review process, the Guantánamo Review Task Force, which met once a week throughout 2009, although the officials responsible for the PRBs also conceded that insufficient evidence existed to put them on trial, a tacit admission that the evidence itself was profoundly untrustworthy. This was definitively established by the PRB process between 2013 and 2016, when 64 men had their cases reviewed, 38 were approved for release, and all but Nasser, and an Algerian, Sufyian Barhoumi, were freed.

As I explained in my article in June, Nasser missed being released by just eight days, because the Moroccan government only notified the US that it would accept his repatriation on December 28, 2006, 22 days before Obama left office, but 30 days’ notification is required by Congress before any prisoner can be freed. Read the rest of this entry »

Calling for the Closure of Guantánamo on the 16th Anniversary of the 9/11 Attacks

A sculpture by José Antonio Elvira in the town of Guantanamo, in Cuba, dated 2006 (Photo: Zósimo, a Creative Commons photo via Wikimedia Commons).It’s the start of my latest quarterly fundraiser. 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.





 

Today, as we remember the terrible terrorist attacks of September 11, 2001, I am also aware that it was those attacks that, in turn, led to a terrible development by the United States that has consumed my life for the last eleven and a half years — the establishment, four months later, of the prison at Guantánamo Bay, where men have been subjected to torture, and are held indefinitely without charge or trial, for the most without anything resembling evidence.

Largely seized by America’s allies in Afghanistan and Pakistan, and sold for bounty payments, most of the prisoners arrived at Guantánamo without any information about them at all, and the US authorities then proceeded to create what they pretended was evidence by interrogating the prisoners using torture and other forms of duress, thereby rendering most of it worthless — although that conclusion remains something that, sadly, most US citizens, and a shockingly large number of lawmakers neither know nor care about.

Exactly nine years ago, on the seventh anniversary of the 9/11 attacks, I had an op-ed published in the Guardian, “Bush’s bitter legacy,” in which I began by stating the following, which largely remains relevant today: 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 »

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 »

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 »

Paul Lewis, Former Envoy for Guantánamo Closure Under Obama, Urges Donald Trump to Close Guantánamo

Paul Lewis, the U.S. Department of Defense Special Envoy for Guantánamo Closure, testifying before the House Foreign Affairs Committee in March 2016, as Code Pink demonstrators held up placards urging the closure of Guantanamo (Photo: Jim Watson/AFP/Getty Images).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 closing Guantánamo, Paul Lewis, the former Special Envoy for Guantánamo Detention Closure at the Department of Defense under President Obama, recently had an article published on Lawfare, in which he explained why Guantánamo must be closed.

We’re cross-posting the article, “The Continuing Need to Close the Guantánamo Bay Detention Facility,” below, because it largely echoes what we at Close Guantánamo think, and because we believe it contributes to a necessary message to Donald Trump — that his proposals to keep Guantánamo open, and to send new prisoners there are ill-conceived, unnecessary and counter-productive.

Lewis began by thanking John Bellinger, a former legal adviser to the Bush administration, for an article he had also written for Lawfare, “Guantánamo Redux: Why It was Opened and Why It Should Be Closed (and not Enlarged).” Bellinger did indeed call for Guantánamo’s closure — and it is always significant when officials who served under George W. Bush, rather than Barack Obama, tell home truths to the Republican Party, but in his article he spent rather too much time, to our liking, trying to defend the reasons why Guantánamo was chosen as the site of a prison in the first place, and distorting some realities. Read the rest of this entry »

Donald Trump’s Latest Outrageous Guantánamo Lie

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 first 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 the morning of March 7, Donald Trump tweeted an outrageous lie about Guantánamo — “122 vicious prisoners, released by the Obama Administration from Gitmo, have returned to the battlefield. Just another terrible decision!”

That number, 122, was taken from a two-page “Summary of the Reengagement of Detainees Formerly Held at Guantánamo Bay, Cuba,” issued by the Office of the Director of National Intelligence in July 2016. The summaries are issued twice a year, and, crucially, what Trump neglected to mention is that 113 of the 122 men referred to in that summary were released under President Bush, and just nine were released under President Obama. In the latest ODNI summary, just released, the total has been reduced to 121, with just eight men released under President Obama.

This is a disgraceful lie to be circulated by the President of the United States, and it is depressing to note that it was liked by over 85,000 Twitter users, and that Trump apparently has no intention of withdrawing it. Read the rest of this entry »

15 Years After 9/11, Still Waiting for the Closure of Guantánamo

The US flag at Guantanamo.Exactly 15 years ago, terrorists attacked the United States, killing 2,996 people, in the World Trade Center and on two hijacked aeroplanes, and changing the world forever.

Within a month, the US had invaded Afghanistan, aiming to destroy al-Qaeda and to topple the Taliban regime that had harbored them. That mission was largely accomplished by early 2002, but instead of leaving, the US outstayed its welcome, “snatching defeat from the jaws of victory,” as Anand Gopal, the journalist and author of No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, explained to me several years ago.

In addition, of course, the Bush administration — led by a president who knew little about the world, attended by two Republican veterans, Dick Cheney and Donald Rumsfeld, who believed in the president’s right to act as he saw fit in times of emergency, unfettered by any kind of checks and balances (the unitary executive theory) — also set up a secret CIA program of kidnap and torture on a global scale, and prisons in Afghanistan and Guantánamo Bay, in Cuba, where the Geneva Conventions did not apply, and where they tried to pretend that indefinite imprisonment without charge or trial was the new normal, rather than a dangerous aberration. 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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