17 Years Since the Notorious Yoo-Bybee “Torture Memos,” the US Still Finds Itself Unable to Successfully Prosecute the Men It Tortured

John Yoo, Jay S. Bybee and prisoners on a rendition plane.

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. If you can help, please click on the button below to donate via PayPal.




 

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.

August 1 was the 17th anniversary of a particularly grotesque and dispiriting event in modern US history, one that has ramifications that are still being felt today, even though it was completely unnoticed — or ignored — by the US media. 

On August 1, 2002, Jay S. Bybee, then the Assistant Attorney General for the Office of Legal Counsel (OLC), the branch of the Justice Department responsible for advising the executive branch on what is, and what is not legal, signed off on two blatantly unlawful memos written by OLC lawyer John Yoo, which attempted to re-define torture, and approved its use on Abu Zubaydah, a prisoner of the “war on terror” that the US declared after the terrorist attacks of September 11, 2001, who was being held in a secret prison — a “black site” — run by the CIA.

The memos remained secret until June 2004, when, in the aftermath of the Abu Ghraib scandal, when photos were leaked of torture in a US-run prison in Iraq, one of the Yoo-Bybee memos was also leaked, provoking widespread disgust, although Yoo and Bybee escaped the criticism unscathed. For his services, Bybee was made a judge on the Ninth Circuit Court of Appeals, while Yoo kept his job as a law professor at the University of Berkeley. 

Read the rest of this entry »

Saifullah and Uzair Paracha: Victims of US Vengeance in the “War on Terror”?

Saifullah and Uzair Paracha. Saifulllah was photographed a few years ago in Guantanamo; the photo of Uzair is from before his capture in 2003.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. If you can help, please click on the button below to donate via PayPal.




 

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 the “war on terror” established by the US in the wake of the terrorist attacks of September 11, 2001, one of the most distressing developments has been the death of the presumption of innocence and of any form of due process.

In response to the attacks, the Bush administration tore up and discarded all the laws and treaties regarding the treatment of prisoners, and as a result everyone they rounded up as a terrorist (or a terrorist sympathizer or facilitator) was regarded as guilty — without the need for any proof.

The terrible legacy of this time is still with us. Although the processing prisons in Afghanistan (Bagram, for example) and the CIA “black sites” have closed, 40 men are still held in the prison at Guantánamo Bay, the defining icon of the US’s post-9/11 lawlessness.

Of the 779 men held by the US military at Guantánamo since it opened over 17 years ago, on January 11, 2002, 729 men have been released, but only 39 of those 729 have been released through any legal process — 33 through the US courts, as a result of them having their habeas corpus petitions granted by judges in the District Court in Washington, D.C., and six others through the military commission trial process at Guantánamo itself (one after a trial, and five through plea deals). Read the rest of this entry »

Guantánamo Judge Bans So-Called “Clean Team” Evidence in 9/11 Trial, Then Resigns

Col. James Pohl, the 9/11 trial judge, who has just announced his resignation, and the five Guantanamo prisoners (and former CIA "black site" prisoners) accused of involved in the 9/11 attacks.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.

Last Friday, August 17, a ruling of potentially huge significance took place at Guantánamo in pre-trial hearings for the proposed trial by military commission of the five men accused of involvement in the terrorist attacks of September 11, 2001, who include Khalid Sheikh Mohammed. All five men have been held at Guantánamo since September 2006, and, before that, were held and tortured in CIA “black sites” for up to three and a half years. 

Yesterday, just ten days later, the judge, Army Col. James L. Pohl, 67, who has been the judge on the case since the men were arraigned in May 2012, announced that he will retire on September 30 and named Marine Col. Keith A. Parrella, 44, to replace him. Giving notice of his intention, he stated, “I will leave active duty after 38 years. To be clear, this was my decision and not impacted by any outside influence from any source.”

Astonishingly, it is ten and half years since the US government first filed charges against the five men accused of involvement in the 9/11 attacks in the military commission trial system, which had been ill-advisedly dragged from the history books by Dick Cheney and his lawyer David Addington in November 2001, but had been ruled illegal by the Supreme Court in June 2006, in Hamdan v. Rumsfeld. The commissions were subsequently revived with Congressional backing, but struggled to establish any legitimacy throughout the rest of Bush’s presidency. Read the rest of this entry »

A Devastating Condemnation of Guantánamo’s Military Commissions by Palestinian-American Journalist P. Leila Barghouty

An illustration by Hokyoung Kim for The Outline showing defense lawyers for Ammar al-Baluchi arriving at the home of Guantanamo's military commissions.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.

Six years and three months since Tom Wilner and I launched the Close Guantánamo campaign, we are becalmed in horribly unjust waters, with Donald Trump resolute that no one should leave the prison under any circumstances, and, as a result, 41 men held in what must appear to be a never-ending limbo, even though five of them were approved for release by high-level government review processes under President Obama, and another man, Ahmed al-Darbi, continues to be held despite being promised his release — to be re-imprisoned in Saudi Arabia — four years ago in a plea deal in his military commission trial.

Twenty-six other men are held indefinitely — and lawyers for some of them submitted a habeas corpus petition on their behalf on January 11, the 16th anniversary of the opening of the prison, on the basis that, as the New York-based Center for Constitutional Rights explained, “[Donald] 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.’”

The other men still held — nine in total — have been through the military commission process, or are facing trials, and this latter category of Guantánamo prisoner came under the spotlight recently in an article written for a new website, The Outline, by P. Leila Barghouty, a journalist and filmmaker based in New York City, whose work has appeared on Al Arabiya, National Geographic, Slate, CNN, Vice News and Netflix. 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 »

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 »

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 »

Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan

"High-value detainee" Majid Khan, photographed at Guantanamo in 2009.Please support my work! I’m currently trying to raise $2700 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

 

At Guantánamo, as I have been reporting recently, the military commissions, a broken trial system ill-advisedly dragged out of historical retirement for prisoners seized in the “war on terror,” have reconvened after a summer break — see my articles Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Chief Defense Counsel of Guantánamo’s Military Commissions Calls Them a “Poisoned Chalice,” a Betrayal of the Constitution and the Law. Also see my updated Full List of Prisoners Charged in the Military Commissions at Guantánamo.

That the commissions are a poor substitute for justice can readily be understood from the fact that only eight convictions have been secured, and four of those have subsequently been overturned by appeals court judges, and from the realization that the only ongoing cases are almost permanently deadlocked because, on the one hand, prosecutors seek to hide the fact that the men facing trials were tortured, while on the other those defending the men insist that fair trial cannot take place until the torture is openly discussed.

The failures of the commissions have also been made clear in a recent appeals court ruling in the case of Abd al-Rahim al-Nashiri, accused of involvement in the attack on the USS Cole in 2000, and in a hearing at Guantánamo for Majid Khan, who first agreed to a plea deal over four and a half years ago, in February 2012, but who has not yet been sentenced. Read the rest of this entry »

Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions

"End Guantanamo commissions: use fair trials" - an Amnesty International supporter outside the White House.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

In the 15 years since the terrorist attacks of September 11, 2001, the United States has systematically undermined many of the key values it claims to uphold as a nation founded on and respecting the rule of law, having embraced torture, indefinite imprisonment without charge or trial, trials of dubious legality and efficacy, and extra-judicial execution.

The Bush administration’s torture program — so devastatingly exposed in the executive summary of the Senate Intelligence Committee’s report into the program, published in December 2014 — no longer exists, but no one has been held accountable for it. In addition, as the psychologist and journalist Jeffrey Kaye has pointed out, although ostensibly outlawed by President Obama in an executive order issued when he took office, the use of torture is permitted, in particular circumstances, in Appendix M of the Army Field Manual.

When it comes to extrajudicial execution, President Obama has led the way, disposing of perceived threats through drone attacks — and although drones were used by President Bush, it is noticeable that their use has increased enormously under Obama. If the rendition, torture and imprisonment of those seized in the “war on terror” declared after the 9/11 attacks raised difficult ethical, moral and legal questions, killing people in drone attacks — even in countries with which the US is not at war, and even if they are US citizens — apparently does not trouble the conscience of the president, or the US establishment as a whole. 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 »

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 (The State of London).
Email Andy Worthington

CD: Love and War

The Four Fathers on Bandcamp

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

The State of London

The State of London. 16 photos of London

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Housing crisis 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