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 »

Case of Al-Qaeda Suspect Captured in Yemen Seen As Test of Trump’s Plan to Send New Prisoners to Guantánamo

"Not one step back: Close Guantanamo" - campaigners outside the White House during the Obama presidency, with a message that may be even more significant under Donald Trump.

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 two months of the Trump administration.

 

For the New York Times on Monday, in ‘Case of Captive in Yemen Could Test Trump’s Guantánamo Pledge,’ Adam Goldman, Matt Apuzzo and Eric Schmitt wrote about the case of Abu Khaybar, an al-Qaeda suspect, around 40 years of age, who was seized in Yemen last fall, and “is being held there by another country, according to four current and former senior administration officials.” The authors added that “[t]he circumstances of his detention are not clear, but he is wanted on terrorism charges in New York.”

However, Abu Khaybar may also be wanted by Donald Trump, to send to Guantánamo, to follow up on his pledge to send new prisoners to the prison. As the authors note, his “suspected affiliation with Al Qaeda gives the United States clear authority to hold him” at Guantánamo, where the detention of prisoners is approved by the Authorization for Use of Military Force, passed in the days after the 9/11 attacks, which authorizes 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.”

As the Times noted, the new Attorney General, Jeff Sessions, “has repeatedly said that terrorists should not be prosecuted in civilian courts,” a worrying stance given that the military commissions at Guantánamo have been a colossal failure, while federal courts have proven more than capable of successfully prosecuting terrorists, something they have done throughout the last 15 years, even when the Bush administration was most aggressively touting Guantánamo as a new paradigm of detention. Read the rest of this entry »

Donald Trump Proposes to Keep Guantánamo Open, to Prevent Further Releases, and to Reintroduce Torture and “Black Sites”

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 two 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 Wednesday our worst fears on Guantánamo and torture were confirmed, when the New York Times published a leaked draft executive order, “Detention and Interrogation of Enemy Combatants,” indicating that Donald Trump wants to keep Guantánamo open, wants to send new prisoners there, and wants to “suspend any existing transfer efforts pending a new review as to whether any such transfers are in the national security interests of the United States.” Trump also, it seems, wants to reinstate torture and the use of CIA “black sites.”

Specifically, the draft executive order proposes revoking the two executive orders, 13492 and 13491, that President Obama issued on his second day in office in January 2009 — the first ordering the closure of Guantánamo, and the second to close CIA “black sites,” to grant the International Committee of the Red Cross access to all prisoners, and to ensure that interrogators only use techniques approved in the Army Field Manual.

The draft executive order also proposes to “resurrect a 2007 executive order issued by President Bush,” as the New York Times put it, which “responded to a 2006 Supreme Court ruling about the Geneva Conventions that had put CIA interrogators at risk of prosecution for war crimes, leading to a temporary halt of the agency’s ‘enhanced’ interrogations program.” 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 »

Donald Trump, Guantánamo and Torture: What Do We Need to Know?

An image made by supporters of Donald Trump based on his comments about Guantanamo.I wrote the following article (as “Donald Trump and Guantánamo: What Do We Need to Know?) 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.

So the bad news, on Guantánamo, torture, Islamophobia and war, is that, as Charlie Savage explained in the New York Times this week, “As a presidential candidate, Donald J. Trump vowed to refill the cells of the Guantánamo Bay prison and said American terrorism suspects should be sent there for military prosecution. He called for targeting mosques for surveillance, escalating airstrikes aimed at terrorists and taking out their civilian family members, and bringing back waterboarding and a ‘hell of a lot worse’ — not only because ‘torture works,’ but because even ‘if it doesn’t work, they deserve it anyway.’”

As Savage also noted, “It is hard to know how much of this stark vision for throwing off constraints on the exercise of national security power was merely tough campaign talk,” but it is a disturbing position for Americans — and the rest of the world — to be in, particularly with respect to the noticeable differences between Trump and Barack Obama.

The outgoing president has some significant failures against his name, which will be discussed in detail below, but America’s first black president did not, of course, appoint a white supremacist to be his chief strategist and Senior Counselor, as Trump has done with Steve Bannon, the executive chairman of Breitbart News, an alarming far-right US website. Nor did he call for a “total and complete shutdown” of America’s borders to Muslims, as Trump did last December, and nor did he suggest that there should be a registry of all Muslims, as Trump did last November. Read the rest of this entry »

Parliament and the People: Two Days of London Events About Guantánamo, Torture and the Military Commissions

Sam Raphael, Alka Pradhan, Andy Worthington and Carla Ferstman at an event about Guantanamo, torture and the military commissions at the University of Westminster on November 2, 2016 (photo via Gitmo Watch).

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.

 

So last week was an interesting week for events focused on Guantánamo, torture and the military commissions in London, as Alka Pradhan, a lawyer with the defense team for Ammar al-Baluchi (aka Ali Abd al-Aziz Ali), a “high-value detainee,” and one of five men facing a trial for his alleged involvement in the 9/11 attacks, was in town, and as a result MPs who, for the most part, had been involved in the campaign to free Shaker Aamer, the last British resident in Guantánamo, had arranged a Parliamentary meeting.

The meeting was also called to coincide with a visit from Andrew Tyrie MP (Conservative, Chichester), the chair of the long-standing All-Party Parliamentary Group on Extraordinary Rendition, and the election of officers for a new APPG on Guantánamo. It was chaired by Tom Brake MP (Liberal Democrat, Carshalton and Wallington), who held a Parliamentary meeting earlier this year for Mohamedou Ould Slahi, the torture victim and best-selling author who was recently released from Guantánamo, and attended by MPs including Chris Law (SNP, Dundee West), who will be the chair of the new APPG, and Andy Slaughter (Labour, Hammersmith), who, in 2014, visited Washington, D.C. to call for Shaker Aamer’s release with the Conservative MPs David Davis and Andrew Mitchell, and Jeremy Corbyn, before he became the leader of the Labour Party. Caroline Lucas (Green, Brighton Pavilion) and Mark Durkan (SDLP) were unable to make it to the meeting, but will also be involved in the APPG.

At the meeting, Alka briefed MPs on the story of her client, which I recently wrote about for Al-Jazeera, as he sought to persuade the US government to allow the UN Rapporteur for Torture to make an independent visit to Guantánamo to assess the conditions in which they are held, and to talk freely with them about their torture in CIA “black sites.” Unsurprisingly, no independent visit has been allowed, because the US government is determined to continue hiding evidence of the CIA’s torture program, despite the publication, nearly two years ago, of the executive summary of the Senate Intelligence Committee’s report into the CIA’s torture program, with its damning verdict on the brutality and futility of the program, and the CIA’s repeated lies about it. Read the rest of this entry »

In Contentious Split Decision, Appeals Court Upholds Guantánamo Prisoner Ali Hamza Al-Bahlul’s Conspiracy Conviction

Ali Hamza al-Bahlul, in a photo included in the classified military files released by WikiLeaks in April 2011.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 week, in the latest development in a long-running court case related to Guantánamo, the court of appeals in Washington, D.C. (the D.C. Circuit) upheld Ali Hamza al-Bahlul’s November 2008 conviction for conspiracy in his trial by military commission, but in a divided decision that means the case will almost certainly now make its way to the Supreme Court.

Al-Bahlul, a Yemeni, was seized in Afghanistan in December 2001, and taken to Guantánamo, where, in June 2004, he was charged in the first version of the military commissions that were ill-advisedly dragged out of the history books by the Bush administration in November 2001, primarily on the basis that he had made a promotional video for al-Qaeda.

Two years later, the commissions were scrapped after the Supreme Court ruled that they were illegal, but they were subsequently revived by Congress, and in February 2008 he was charged again, and convicted in November 2008, after a trial in which he refused to mount a defense, on “17 counts of conspiracy, eight counts of solicitation to commit murder and 10 counts of providing material support for terrorism,” as I described it at the time. 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 »

‘Enshrined Injustice: Guantánamo, Torture and the Military Commissions’ – Nov. 2 London Event with Alka Pradhan, Andy Worthington, Carla Ferstmann

The ironically named Camp Justice at Guantanamo, where the military commission trials, endlessly mired in pre-trial hearings, are supposed to take place.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo for the next three months.

 

Here’s one for your diaries, Londoners. On Wednesday November 2, I’m part of a panel discussion — ‘Enshrined Injustice: Guantánamo, Torture, and the Military Commissions’ — taking place at the University of Westminster in central London. The event is free, but please register here on the Eventbrite page.

It’s hosted by Sam Raphael, co-director of The Rendition Project (with Ruth Blakeley at the University of Kent), and the special guest, visiting from the US, is Alka Pradhan, one of the lawyers for Ammar al-Baluchi, a “high-value detainee” at Guantánamo, and one of five men facing a trial for involvement in the 9/11 attacks. Other speakers are Carla Ferstman, the director of REDRESS, and myself, as an independent journalist who has spent over ten years researching and writing about Guantánamo and the post-9/11 torture program, and working to get the prison closed down.

I’ve recently been renewing my focus on the military commissions, via a number of articles on my site (see Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan), on the Close Guantánamo website, and in an op-ed for Al-Jazeera, Guantánamo torture victims should be allowed UN visit, which partly drew on a letter from Ammar al-Baluchi to Juan Méndez, the UN Special Rapporteur on Torture, asking for him to be allowed to visit the “high-value detainees” at Guantánamo. Read the rest of this entry »

Please Read My New Article for Al-Jazeera, About How Torture Victims in Guantánamo Should Be Allowed a Visit by UN Rapporteur Juan Méndez

Ali Abd al-Aziz Ali (aka Ammar al-Baluchi), photographed in Guantanamo by representatives of the International Committee of the red Cross, in a photo made available to his family and later released to the public.Yesterday, I was delighted that Al-Jazeera published my op-ed, “Guantánamo torture victims should be allowed UN visit,” the first op-ed I’ve written for Al-Jazeera for over a year a a half. You can check out my archive of Al-Jazeera articles here.

The op-ed came about as a result of my recently renewed focus on the military commissions at Guantánamo, a broken system that is incapable of delivering justice to the ten men still held who are facing — or have faced — military commission trials. For more, see my recent articles, Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions and Guantánamo’s Military Commissions: More Chaos in the Cases of Abd Al-Rahim Al-Nashiri and Majid Khan, and also my recent update of The Full List of Prisoners Charged in the Military Commissions at Guantánamo.

61 men are still held at Guantánamo, and while 20 have been approved for release, and will hopefully be freed soon, and 23 others continue to be held without charge or trial, those men are, at least, subject to periodic reviews of their cases, whereas those facing trials are caught in a system that is proceeding with such glacial slowness that it is uncertain if a date for their trials can be set with any kind of certainty, and this, of course, is a profound failure of justice considering that they have been in US custody for up to 14 years. 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 Torture UK austerity UK protest US Congress US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo