An Interview With David Hicks Following the Dismissal of His Guantánamo Conviction

A screenshot of of a news programme featuring David Hicks speaking about the dismissal of his conviction at Guantanamo for providing material support to terrorism, February 19, 2015.On February 18, David Hicks’ conviction for providing material support to terrorism was overturned by the US Court of Military Commission Review. Hicks, an Australian, had been charged in the military commissions at Guantánamo, unwisely brought back from the history books by the Bush administration, under the guidance of Dick Cheney, and his conviction came about through a plea deal in March 2007. Almost immediately repatriated, he was a free man by the end of 2007, but was haunted by his conviction and those who used it against him to portray him as some sort of terrorist, when he was no such thing.

As I explained in an article for Al-Jazeera following the ruling, this was the fourth conviction to be overturned, out of only eight cases that have resulted in convictions, and, as a result, it ought to sound the death knell for the commissions, which should never have been revived — either by the Bush administration, or, in 2009, by President Obama.

I continue to call for the commissions to be scrapped, but in the meantime, I wanted to publicize a rare interview on David Hicks’ part — with the World Socialist Web Site, conducted by Richard Phillips and published on March 5, in which, as the WSWS explained, he spoke “about the court ruling, the response of the Australian government and media, and his concerns about escalating attacks on basic democratic rights and preparations for war.” Read the rest of this entry »

Radio: Andy Worthington Discusses Guantánamo, Torture and the Failed Military Commissions with Jon Gold

The image used by 9/11 Truther Jon Gold for his interview with Andy Worthington for his show, "We Were Lied to About 9/11," on Cindy Sheehan's Soapbox.My friends,

I’m delighted to let you know that on Tuesday evening, March 3, I was interviewed by Jon Gold for his show, “We Were Lied to About 9/11,” which is part of Cindy Sheehan’s Soapbox.

Jon is a long-time advocate for 9/11 justice, and the author of the book 9/11 Truther: The Fight For Peace, Justice And Accountability, and we have known about each other, and communicated, on several occasions over the years, but this was our first interview, and I’m very pleased with the result — over 80 minutes of detailed analysis of the history of Guantánamo, the torture that has taken place there, and the discredited military commission process, which, from the beginning, has been a disaster, and ought to be a source of shame to any US citizen who believes in the rule of law.

We also spoke about the futility of war — and I was able to put a shout out for my friend Anand Gopal‘s heartbreakingly powerful book about the US occupation of Afghanistan, No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, and Jon also asked me about the number of deaths at Guantánamo (nine), which gave me an opportunity to plug another book, the recently published Murder at Camp Delta by Joseph Hickman, a former Staff Sergeant, who was in charge of the guard towers at Guantánamo on the night in June 2006 when, according to the official report, which his account demolishes, three prisoners died by committing suicide simultaneously. Read the rest of this entry »

Radio: Andy Worthington Speaks to Michael Slate and Scott Horton About Guantánamo, David Hicks and Shaker Aamer

Andy Worthington speaks at a meeting in Northampton, Massachusetts on January 14, 2015 (Photo: Debra Sweet for Andy Worthington).I’m pleased to report that, in the last week, I have taken part in two radio shows in the US with two radio hosts that I have known for a long time and who I admire — Michael Slate and Scott Horton.

Michael’s show was entitled, “From the Torture Chambers of Guantánamo to the Deadly Streets of the US: American Thugs on the Rampage,” which is a great title, and I was delighted to be on the same show as Larry Siems, the editor of Guantánamo Diary, the extraordinarily powerful book by Mohamedou Ould Slahi, who is still held at Guantánamo (Larry and I were previously on another show, in Chicago, which you can find here). Also on the show was the activist Carl Dix.

The hour-long show is here, and I’m on for the first 16 minutes, bringing Michael’s listeners up to date on the current situation at Guantánamo, and also speaking about We Stand With Shaker, the campaign to secure the release from Guantánamo of Shaker Aamer, the last British resident in the prison, which I launched in November with the activist Joanne MacInnes. Read the rest of this entry »

Please Read My New Al-Jazeera Article About the Significance of the Dismissal of David Hicks’ Military Commission Conviction at Guantánamo

A screenshot of my article for Al-Jazeera about the dismissal of David Hicks' conviction at Guantanamo.Dear friends and supporters,

I hope you have time to read my new article for Al-Jazeera English, “The collapse of Guantánamo’s military commissions,” which, at the time of writing, has over 350 Facebook likes and shares, and has been tweeted over 125 times.

It’s my response to the news, on Wednesday February 18, that the US Court of Military Commission Review dismissed the conviction against David Hicks, an Australian, and the first prisoner to be convicted in the much-criticized military commission trial system, in March 2007.

This was an expected result, following previous dismissals of convictions, beginning in October 2012, but it does not make it any less significant. Hicks first announced an appeal in October 2013, and then lodged a second appeal last August, both with the Court of Military Commission Review that was established in August 2007 because, until then, no review process existed for the commissions, and two of the judges involved had raised issues that only the court could resolve. Read the rest of this entry »

Former Guantánamo Military Defense Attorney Todd Pierce Interviewed by the Talking Dog

Former US military defense attorney Todd Pierce speaking at the presentation of the Sam Adams Associates Award for Integrity in Intelligence to Chelsea Manning in Oxford in February 2014 (Photo: Andy Worthington).I’m delighted to be cross-posting below an interview conducted by my good friend The Talking Dog (functioning below the radar under a pseudonym in New York City) with another good friend, Army Maj. Todd Pierce (retired), who, as a Judge Advocate General (JAG) officer, was part of the defense team for two Guantánamo prisoners charged in the military commissions — Ali Hamza al-Bahlul (still held) and Ibrahim al-Qosi (released in 2012).

Todd became fascinated by the philosophical origins of the Bush-Cheney military commissions in the Nazi era, and efforts to justify the commissions through a warped interpretation of US Civil War precedents. Since retiring, he has continued to pursue these interests, and has also become part of Sam Adams Associates, who describe themselves as “a movement of former CIA colleagues of former intelligence analyst Sam Adams, together with others who hold up his example as a model for those in intelligence who would aspire to the courage to speak truth to power,” and who, every year since 2002, have presented the Sam Adams Associates Award for Integrity in Intelligence to whistleblowers — most recently to Chelsea Manning, at an event in Oxford that I attended in February.

I do hope you have time to read the interview — which also includes Todd’s latest thoughts on the case of Ali Hamza al-Bahlul, who has been successfully appealing against his 2008 conviction and life sentence — with profound repercussions for the entire military commissions project, which, it should be noted, should never have been revived by George W. Bush and Dick Cheney in the first place.

If you enjoy it, please share it, and please also follow the links I’m posting at the end of this article to the Talking Dog’s extensive archive of interviews about Guantánamo and the “war on terror.” Read the rest of this entry »

Ali Hamza Al-Bahlul, David Hicks and the Legal Collapse of the Military Commissions at 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.

Last week, lawyers for former Guantánamo prisoner David Hicks, an Australian who, in March 2007, was the first Guantánamo prisoner to accept a guilty plea in a military commission trial in order to get out of the prison, appealed his conviction — for the second time in the last ten months.

Hicks had accepted a plea of providing material support for terrorism in exchange for being returned to Australia and being freed after just nine months. However, in October 2012 the court of appeals in Washington D.C. (the D.C. Circuit Court) threw out the conviction of another prisoner who had been convicted of providing material support for terrorism in a military commission trial, paving the way for Hicks to challenge his conviction.

That man was Salim Hamdan, a Yemeni who had worked as a paid driver for Osama bin Laden, and who had been convicted in the summer of 2008. As the Circuit Court described it, “When Hamdan committed the conduct in question, the international law of war proscribed a variety of war crimes, including forms of terrorism. At that time, however, the international law of war did not proscribe material support for terrorism as a war crime.” Read the rest of this entry »

More Farcical Proceedings at the Military Commissions in 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.

Last week I published “The 9/11 Trial at Guantánamo: The Dark Farce Continues,” the first of two articles providing updates about the military commissions at Guantánamo.

The commissions were established under President George W. Bush in November 2001, were ruled illegal by the Supreme Court in June 2006, revived by Congress in the fall of 2006, suspended by President Obama in January 2009, and revived again by Congress in the fall of 2009, but they have always struggled to establish any credibility, and should not have been revived by the Obama administration.

Last week’s article, as the title indicates, covered developments — or the lack of them — in pre-trial hearings for Khalid Sheikh Mohammed and four other men accused of involvement in the 9/11 attacks, who were held and tortured in CIA “black sites” for years before their arrival in Guantánamo in September 2006. Read the rest of this entry »

Canadian Appeals Court Rules That Former Guantánamo Prisoner Omar Khadr Should Be Serving a Youth Sentence

Good news about Guantánamo is rare —  whether regarding those still held, or those released — so it was reassuring to hear this week that the Court of Appeal in Alberta, Canada, delivered a major blow to the Canadian government’s efforts to hold former prisoner Omar Khadr in federal prison rather than in a provincial jail. Khadr is serving an eight-year sentence handed down in a plea deal at his trial by military commission in Guantánamo in October 2010, and has been held in federal prisons since his return to Canada, where he was born in 1986.

The 27-year old was just 15 years old when he was seized in Afghanistan after a firefight with US forces in a compound. He had been taken there, and deposited with some adults, by his father, but on his capture, when he was severely wounded, he was abused in US custody and eventually put forward for a war crimes trial, even though, as a juvenile at the time of the alleged crime, he should have been rehabilitated rather than punished according to an international treaty on the rights of the child signed by the US (and by Canada), even though there is no evidence that the allegation that he threw a grenade that killed a US soldier is true, and even though there is no precedent for claiming that a combat death in an occupied country is a war crime.

Khadr has since explained that he only agreed to the plea deal because he could see no other way of ever getting out of Guantánamo, and last November, via his US civilian lawyer, Sam Morison, he appealed in the US for his conviction to be overturned. In recent years, US appeals court judges have delivered two devastating rulings, overturning two of the only convictions secured in the military commissions, in the cases of Salim Hamdan and Ali Hamza al-Bahlul, on the basis that the war crimes for which the men were convicted were not war crimes at the time the legislation authorizing the commissions was passed — and had, in fact, been invented by Congress. Read the rest of this entry »

The 9/11 Trial at Guantánamo: The Dark Farce Continues

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.

In two articles — this one and another to follow soon — I’ll be providing updates about the military commissions at Guantánamo, the system of trials that the Bush administration dragged from the US history books in November 2001 with the intention of trying, convicting and executing alleged terrorists without the safeguards provided in federal court trials, and without the normal prohibitions against the use of information derived through torture.

Notoriously, the first version of the commissions revived by the Bush administration collapsed in June 2006, when, in Hamdan v. Rumsfeld, the Supreme Court ruled that the commission system lacked “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.”

Nevertheless, Congress subsequently revived the commissions, in the fall of 2006, and, although President Obama briefly suspended them when he took office in 2009, they were revived by Congress for a second time in the fall of 2009. Read the rest of this entry »

Video: Todd Pierce Discusses the Lawlessness of Guantánamo’s Military Commissions on “London Real”

I’ve been meaning for some time to post a video of my friend Todd Pierce, a retired major in the US Army JAG (Judge Advocate General) Corps, being interviewed on the “London Real” show run by US ex-pat — and former banker — Brian Rose.

Todd retired from the US military in November 2012, but he had previously been involved in representing two prisoners charged in the military commissions at Guantánamo, which, for prosecuting alleged war criminals in the “war on terror,” were revived by the Bush administration in November 2001 based on their use on would-be Nazi saboteurs in World War II. They were then ruled illegal by the Supreme Court in June 2006, revived again by Congress in the fall of 2006, and revived again under President Obama in 2009.

Todd was part of the legal team for Ibrahim al-Qosi, from Sudan, who accepted a plea deal and was freed in July 2012, and Ali Hamza al-Bahlul, who refused all representation, and was given a life sentence in November 2008 after a disgraceful one-sided trial. Ironically, al-Bahlul is one of two prisoners (along with Salim Hamdan) who shook the tattered credibility of the commissions in October 2012 and January 2013, when the appeals court in Washington D.C. threw out the convictions against both men on the basis that the alleged war crimes for which they had been convicted were not war crimes at all, and had been invented by Congress. In al-Bahlul’s case, the government has appealed, but a ruling has not yet been delivered, and he remains held. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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