Good News: Court Orders Trump Administration to Explain Its Position on Guantánamo After A Year of Shocking Inaction

Judge Colleen Kollar-Kotelly and photo of the prison at Guantanamo Bay on the day of its opening, Jan. 11, 2002.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.

 

Two and a half weeks ago, on the 16th anniversary of the opening of the prison at Guantánamo Bay, lawyers for eleven of the 41 men still held at Guantánamo, from the Center for Constitutional Rights, Reprieve, and other legal firms, filed a habeas corpus lawsuit with the District Court in Washington, D.C., in which, as I explained in an article at the time, drawing on a CCR press release:

[I]t “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”

CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.”

Read the rest of this entry »

As Guantánamo Enters Its 17th Year of Operations, Lawyers Hit Trump with Lawsuit Stating That His Blanket Refusal to Release Anyone Amounts to Arbitrary Detention

After launching the new lawsuit against Donald Trump, lawyers with the Center for Constitutional Rights came to the White House to join the annual protest against Guantanamo's continued existence (on the left, legal director Baher Azmy, and on the right, Omar Farah and Pardiss Kebriaei. In the center is Advocacy Program Manager Aliya Hussain (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, including my current visit to the US.

 

January 11 was the 16th anniversary of the opening of the prison at Guantánamo, and as campaigners (myself included) were making their way to the White House to prepare for the annual protest against the prison’s continued existence — the first under Donald Trump — and, in my case, to launch the new poster campaign counting how many days Guantánamo has been open, and urging Donald Trump to close it, lawyers with the Center for Constitutional Rights and Reprieve were launching a new lawsuit at the National Press Club prior to joining the protesters.

The lawsuit was brought on behalf of eleven prisoners, and, as CCR’s press release states, it “argues that Trump’s proclamation against releasing anyone from Guantánamo, regardless of their circumstances, which has borne out for the first full year of the Trump presidency, is arbitrary and unlawful and amounts to ‘perpetual detention for detention’s sake.’”

CCR Senior Staff Attorney Pardiss Kebriaei said, “It’s clear that a man who thinks we should water-board terror suspects even if it doesn’t work, because ‘they deserve it, anyway’ has no qualms about keeping every last detainee in Guantanamo, so long as he holds the jailhouse key.”

CCR’s press release also stated, “The filing argues that continued detention is unconstitutional because any legitimate rationale for initially detaining these men has long since expired; detention now, 16 years into Guantánamo’s operation, is based only on Trump’s raw antipathy towards Guantánamo prisoners – all foreign-born Muslim men – and Muslims more broadly,” adding that “Donald Trump’s proclamation that he will not release any detainees during his administration reverses the approach and policies of both President Bush and President Obama, who collectively released nearly 750 men.” Read the rest of this entry »

How Much Is A Life Worth? New Album Released Today by The Four Fathers, London Journalist and Activist Andy Worthington’s Band

The cover of The Four Fathers' new album, 'How Much Is A Life Worth?'I’m delighted to announce that today my band The Four Fathers are releasing our second album, How Much Is A Life Worth? via Bandcamp, where you can buy it on CD (which can be sent anywhere in the world), or as a download (either the whole album, or individual tracks). The CD costs £8 (about $10.67), plus postage and packing, while the download of the album costs £5 (about $6.67), with individual tracks available for $1 (about $1.33). These are the minimum prices, but you can always pay more if you want to provide us with extra financial support, to help us recoup the costs of recording and production.

The album features ten original rock and roots reggae songs — eight written by me, as lead singer and rhythm guitarist, and two written by lead guitarist Richard Clare. It follows the release in 2015 of the band’s first album, ‘Love and War,’ and continues to demonstrate a commitment to political issues, with six of the album’s ten songs being protest songs. The band also features Brendan Horstead on drums and percussion, Andrew Fifield on flute and harmonica, and Louis Sills-Clare on bass (replaced after the album was recorded by current bassist Mark Quiney).

Followers of the band on Bandcamp — or those who have seen us live — will already know some of these songs, as six of them have previously been released online, although all of them have now been slightly remastered. Those songs are, in order of release, ‘Close Guantánamo’ (used for the ‘Close Guantánamo’ campaign that I run), ‘Dreamers’ (a song about friendship, written for a friend’s 50th birthday), live favourites ’Riot’ (about austerity and the need for social and economic justice) and ‘London’ (a lament for how the capital’s vibrancy in the 80s and 90s has been destroyed by housing greed), ‘She’s Back’ (Richard’s song about Pussy Riot) and ‘Equal Rights And Justice For All’ (my celebration of habeas corpus, which always gets a laugh when I say live that no set is really complete without a song about habeas corpus). Read the rest of this entry »

What Should Trump Do With the US Citizen Seized in Syria and Held in Iraq as an “Enemy Combatant”?

"Detainee Holding Cell": a US military sign, origin unknown.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.

 

It’s nearly a month since my curiosity was first piqued by an article in the Daily Beast by Betsy Woodruff and Spencer Ackerman, reporting that a US citizen fighting for ISIS had been captured in Syria and was now in US custody. Ackerman followed up on September 20, when “leading national security lawyers” told him that the case of the man, who was being held by the US military as an “enemy combatant,” after surrendering to US-allied Kurdish forces fighting ISIS in Syria around September 12, “could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS.”

At the time, neither the Defense Department nor the Justice Department would discuss what would happen to the unnamed individual, although, as Ackerman noted, “Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.” However, if Donald Trump wanted to send him to Guantánamo (as he has claimed he wants to be able to do), that would be a different matter.

A Pentagon spokesman, Maj. Ben Sakrisson, told Ackerman that, according to George W. Bush’s executive order about “war on terror” detentions, issued on November 13, 2001, and authorizing the establishment of military commissions, “United States citizens are excluded from being tried by Military Commissions, but nothing in that document prohibits detaining US citizens who have been identified as unlawful enemy combatants.” Read the rest of this entry »

My Band The Four Fathers Release ‘Equal Rights And Justice For All,’ Defending Habeas Corpus, Opposing Arbitrary Detention at Guantánamo and in the UK

The cover for The Four Fathers' new online single, 'Equal Rights And Justice For All.'My band The Four Fathers have just released a brand-new online single, ‘Equal Rights And Justice For All,’ a passionate defence of habeas corpus, which is supposed to protect all of us from arbitrary imprisonment.

The song — an insistent and infectious roots reggae groove — was inspired by my work trying to get the prison at Guantánamo Bay closed down, my work opposing the use of secret evidence in the UK, and also by the 800th anniversary of King John signing Magna Carta in 2015. The key element of this document, which the barons obliged him to sign, was habeas corpus, the right to be bought before a judge to test the validity of one’s imprisonment, which, over the centuries that followed, ended up applying to everyone, and was successfully exported around the world as a hugely significant bulwark against tyranny.

See below for the song, on Bandcamp, where you can listen to it for free — or, if you’d like to support us, buy it as a download for just £1 ($1.25) — or more if you’d like. Read the rest of this entry »

Sufyian Barhoumi, the Peaceful Algerian Cleared for Release But Still Trapped in Guantánamo

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 long and sordid history of Guantánamo — open for 15 years and seven months, and still holding men indefinitely without charge or trial, in defiance of domestic and international norms regarding imprisonment — it’s sometimes easy for people to forget the role played by lawyers in resisting the injustice of the prison, and in publicizing the men’s stories.

For over 12 years now, lawyers have generally been the only people outside of the various branches of the US government — and foreign intelligence services — who have had contact with the prisoners. Lest we forget, the men held at Guantánamo have never been allowed to have family visits, unlike prisoners held on the US mainland — even those convicted of horrendous crimes — and so often the lawyers have been the only people capable of filling the gap left by relatives, and, of course, bringing messages from the men’s families, which has happened time and again as lawyers have visited their clients’ families, and have subsequently been the bearers of their relatives’ communications.

Recently, a new lawyer brought some fresh insight and indignation to a role that many of those involved in must be struggling to keep fresh, after so many years, after the exhaustion of eight years of Obama that, in the end, left the prison open, and with Trump so uninterested in doing anything to bring justice to the remaining 41 prisoners, either by releasing them or putting them on trial in a valid, internationally recognized system, or working towards shutting the prison once and for all. Read the rest of this entry »

Karen Greenberg on Why America, and Its Values, Remain Imprisoned at Guantánamo As Long As The Prison Stays Open

A panel discussion about the future of Guantanamo at New America in Washington, D.C. on January 11, 2016 with, from L to R: Peter Bergen, Karen Greenberg, Andy Worthington and Tom Wilner.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.

 

As we mark 60 days of Donald Trump’s reign as the clown-in-chief of the United States, those of us who care about the rule of law and America’s reputation will be breathing only a small sign of relief that, amongst the many appalling policies introduced by Trump in his first two months in office, an executive order officially keeping Guantánamo open and committing to sending new prisoners there has not yet been issued, despite being threatened (as I reported here and here).

However, the very fact that Guantánamo is still open is a cause for sorrow, overshadowing any relative sense of relief that Trump has, evidently, found it harder than anticipated to sell the expansion of Guantánamo to the grown-ups in his administration.

Below, I’m very pleased to be cross-posting an article encapsulating that sense of sorrow, written by one of the few writers I know who, like myself, has lived with, and agonized over the continued existence of Guantánamo for many long years — Karen Greenberg, the director of the Center on National Security at Fordham Law School and the author of The Least Worst Place: Guantánamo’s First 100 Days, published in 2010, and Rogue Justice: The Making of the Security State, published in 2016. 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 »

Andy Worthington’s Band The Four Fathers Complete Mixes for New Album, ‘How Much Is A Life Worth?’

The Four Fathers rehearsing in November 2016 at the Music Complex in Deptford. From L to R: Richard Clare, Andy Worthington and Brendan Horstead. Photo by Andrew Fifield.Check out our existing recordings here, and get in touch to let us know if you’re interested in our new album, out very soon!

Yesterday, I was very excited to put the final touches to my band The Four Fathers‘ second album, ‘How Much Is A Life Worth?’ The album will be available soon on CD and to download on our Bandcamp account, where our existing recordings are still available — our first album ‘Love and War’, the ‘Fighting Injustice’ EP, featuring remixes of three songs from ‘Love and War’ (US and UK versions), and a single, ‘Close Guantánamo.’ Please feel free to like us on Facebook and to follow us on Twitter.

The album features ten original songs — eight by me, as lead singer and rhythm guitarist, and two by Richard Clare (lead guitar, backing vocals), and we recorded it with Pat Collier at Perry Vale Studios in Forest Hill in three sessions from July to November with Brendan Horstead on drums and percussion, Andrew Fifield on flute and harmonica, and Louis Sills-Clare on bass.

My songs include the title track — our most recent song — comparing how white westerners value their own lives compared to the victims of the west’s post-9/11 wars in Afghanistan and Iraq, the refugees fleeing the death and destruction in Syria and elsewhere, and the black men — and children — killed with impunity by the police in the US, where the Black Lives Matter movement has been such a powerful force. Read the rest of this entry »

Guantánamo Lawyer’s Moving Memories of Her Client Obaidullah, an Afghan Released in the UAE in August

Obaidullah’s mother, at her home in Haiderkhil, Afghanistan, holding photos of her son on August 16, just after his release from Guantanamo (Photo: AP/Nishanuddin Khan).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo until the end of the year.

 

In August, a long-suffering Afghan prisoner at Guantánamo, Obaidullah, was finally released after 14 years of imprisonment without charge or trial, sent to the United Arab Emirates rather than to his home village, because the US Congress had, with a rather hysterical disregard for any sense of proportion, passed a law preventing any Afghan prisoner at Guantánamo from being repatriated. Below I’m cross-posting a moving account of Obaidullah himself, and of his wrongful imprisonment, by one of his attorneys, Anne Richardson. Other civilian lawyers who worked on his case include Dan Stormer and Cindy Pánuco of Hadsell Stormer & Renick LLP in Pasadena, CA, where Richardson worked before moving to Public Counsel, the US’s largest pro bono firm, where she is the directing attorney of the Consumer Law Project.

Obaidullah, who has just one name like many Afghans, was seized in July 2002, when he was around 22 years old (he doesn’t know his exact year of birth), and was accused of having “stored and concealed anti-tank mines, other explosive devices, and related equipment,” and it was also claimed that he “concealed on his person a notebook describing how to wire and detonate explosive devices”; and that he “knew or intended” that his “material support and resources were to be used in preparation for and in carrying out a terrorist attack.”

The charges were listed when he was, absurdly, put forward for a trial by military commission in September 2008. Even if the allegations were true, putting forward a minor insurgent for a war crimes trial was a disgracefully overblown response to his alleged activities, but as an investigation by his military lawyers found in 2011, it appears that the US authorities were mistaken about Obaidullah’s role in any kind of plot against US forces. His wife had just given birth, and blood found in his car, interpreted as being a sign that someone was wounded in an attack, seems to have been from his wife’s labor, which he failed to mention because speaking about such things is not something an Afghan man does. Read the rest of this entry »

Back to home page

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.
Email Andy Worthington

CD: Love and War

Love and War by The Four Fathers

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Clive Stafford Smith Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer The Four Fathers Torture UK austerity UK protest US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo