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 »

Abdul Latif Nasser’s Story: Imagine Being Told You Were Leaving Guantánamo, But Then Donald Trump Became President

A recent photo of Guantanamo prisoner Abdul Latif Nasser, as taken by representatives of the International Committee of the Red Cross, and made available to his family.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.

“Close Guantánamo” has recently been on vacation, a short break punctured only by the latest episode in our ongoing photo campaign — 6,050 days of the prison’s existence, on August 4, and photos marking this latest bleak anniversary, featuring opponents of the prison’s continued existence.

Donald Trump doesn’t care, of course. While the president who set up Guantánamo (George W. Bush) eventually conceded it had been a mistake, and while his successor (Barack Obama) said he would close it but didn’t, Trump is an enthusiast for keeping it open, seems to care nothing about the law, would reintroduce torture and send new prisoners to Guantánamo if he could, and clearly has no intention of releasing anyone from the prison at all, even though five of the 40 men still held were approved for release by high-level government review processes under President Obama.

Three of the five had their release approved by the Guantánamo Review Task Force that Obama set up shortly after first taking office in 2009 to advise him on what to do with the 240 men he had inherited from George W. Bush (he was recommended to release 156 men, to try 36 and to continue to hold 48 without charge or trial), and two had their release approved by the Periodic Review Boards that subsequently reviewed the cases of 64 prisoners from the latter two categories from 2013 to 2016 on a parole-type basis. Read the rest of this entry »

Brett Kavanaugh, Trump’s Supreme Court Nomination, Has a Dangerous Track Record of Defending Guantánamo and Unfettered Executive Power

Judge Brett Kavanaugh, Donald Trump and a close-up of Guantanamo prisoners photographed on the day the prison opened, January 11, 2002. The photo on the left is an edit of a photo by Mandel Ngan/AFP/Getty Images.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.

Disgraceful though Donald Trump’s presidency is, it will at least be over at some point in the imaginable future, with the potential that his most outrageous policy changes, enacted in legislation by a Republican majority in Congress, can be reversed should Congress end up with a Democratic majority instead.

When it comes to interpreting the law, however, his impact will last for decades, through his nominations to the nation’s District Courts, appeals courts (the Circuit Courts), and, most crucially, the Supreme Court.

Shamefully, although Barack Obama successfully nominated two of the Supreme Court’s nine justices during his eight years in office (Sonia Sotomayor and Elena Kagan), Congress — where Republicans had a majority, as they did throughout most of Obama’s presidency — refused to consider his third nomination, Merrick Garland, nominated in March 2016. Garland’s appointment would have given Democratic appointees a majority on the Supreme Court for the first time since 1970, but Garland’s nomination expired in January 2017, when Obama left office, and when Donald Trump took over he wasted no time in nominating Neil Gorsuch instead, a dangerous right-winger whose nomination was subsequently approved by the Republican-controlled Congress. Read the rest of this entry »

Today Marks 6,000 Days of Guantánamo: Rights Groups, Concerned Citizens and Former Prisoner Shaker Aamer Urge Donald Trump to Close It

Former Guantanamo prisoner Shaker Aamer urges Donald Trump to close Guantanamo on June 15, 2018, the 6,000th day of the prison's existence.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.

 

Please join us in urging Donald Trump to close Guantánamo. Take a photo with a 6,000 days poster, either by printing it, or on a tablet or even on your phone, and send it to us to post on the Close Guantánamo website — or post it on Facebook and tag us, joining former prisoner Shaker Aamer, pictured here (click on the image to enlarge it), who says:

“Tell Donald Trump:
As long as Guantánamo is open, America will never be great again.
And as long as America is committing injustice, America will never be great again.
And as long as America has military posts all over the world, America will never be great again.
And as long as America is supporting and helping dictators all over the world, America will never be great again.”

Today, June 15, 2018, is a depressing milestone in the long history of U.S. detention at Guantánamo Bay. Today the Guantánamo prison, set up after the 9/11 attacks, has been open for 6,000 days.

Most of the men held at Guantánamo over the last 6,000 days (16 years, five months and four days) have been held without charge or trial, in defiance of international laws and treaties governing the treatment of prisoners. There are only two acceptable ways to deprive an individual of their liberty: either as a criminal suspect, to be tried in a federal court; or as a prisoner of war, held unmolested until the end of hostilities. The men at Guantánamo are neither. Instead, after 9/11, the Bush administration conceived of a novel category of prisoner — one without any rights whatsoever — and implemented this at Guantánamo. Read the rest of this entry »

It’s Ten Years Since the Supreme Court Granted Habeas Corpus Rights to the Guantánamo Prisoners, a Legal Triumph Until a Lower Court Took Them Away

Protestors with Witness Against Torture outside the Supreme Court calling for the closure of Guantanamo on Jan. 11, 2017, the 15th anniversary of the prison's opening (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.

 

Exactly ten years ago, I was briefly working for the human rights organization Reprieve, when a wonderful ruling came out of the US Supreme Court. In Boumediene v. Bush, the Court held that efforts by Congress to quash the habeas corpus rights that they had granted the prisoners in 2004, in Rasul v. Bush, had been unconstitutional, and asserted that the prisoners had constitutionally guaranteed habeas corpus rights.

We were overjoyed with the result, and for good reason. Although the Rasul ruling had allowed lawyers into Guantánamo, a derisory response by the Bush administration — the Combatant Status Review Tribunals, administrative military reviews designed to rubber-stamp the prisoners’ blanket designation, on capture, as “enemy combatants” — and Congress’s obstructions, via the Detainee Treatment Act of 2005, and the Military Commissions Act of 2006, had prevented habeas cases from proceeding to the courts, as I explained at the time in my article, The Supreme Court’s Guantánamo ruling: what does it mean?

In the ruling, Justice Anthony Kennedy, delivering the Court’s majority opinion, ruled that the “procedures for review of the detainees’ status” in the DTA “are not an adequate and effective substitute for habeas corpus,” and that therefore the habeas-stripping component of the MCA “operates as an unconstitutional suspension of the writ.” Read the rest of this entry »

June 15 Marks 6,000 Days of Guantánamo: Join Us in Telling Donald Trump, “Not One Day More!”

20 of the people who have supported the campaign to tell Donald Trump to close Guantanamo in 2018, via the Gitmo Clock, which counts how long the prison has been open in real time.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.

Next Friday, June 15, 2018, is a bleak day for anyone who cares about justice and the rule of law, because the prison at Guantánamo Bay, where men are, for the most part, held indefinitely without charge or trial, will have been open for 6,000 days; or, to put it another way, 16 years, five months and four days. We hope you will join us in making some noise to mark this sad milestone in America’s modern history.

All year we’ve been running the Gitmo Clock, which counts, in real time, how long Guantánamo has been open, and in connection with that, we’ve made posters available every 25 days showing how long the prison has been open, and inviting suporters of Guantánamo’s closure to take photos with them, and to send them to us. The poster for 6,000 days is here. Please print it off, take a photo with it, ask your family and friends to do the same, and send the photos to us. We will add them to the photos we’ve been publishing all year, which can be found here. 

How long is 6,000 days?

To give you some idea of how long 6,000 days is, try to remember what you were doing on January 11, 2002, when the prison opened. Perhaps you weren’t yet born, or perhaps, like me, you have sons or daughters who were just toddlers when those first photos of orange-clad, sensorily-deprived prisoners kneeling in the Caribbean sun as US soldiers barked orders at them were first released. My son is now 18 years old — nearly 18 and a half, in fact — but he was just two when Guantánamo opened. Read the rest of this entry »

With Transfer of Ahmed Al-Darbi to Saudi Arabia, Guantánamo’s Population Drops to 40; No New Arrivals on Horizon

Guantanamo prisoner Ahmed al-Darbi, with a photo of his children, in a photo taken several years ago by representatives of the International Committee of the Red Cross.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.

 

So there was good news on Wednesday, when the Pentagon announced that Ahmed al-Darbi, a Saudi citizen in Guantánamo, had been repatriated, to serve out the rest of a 13-year sentence that he was given as the result of a plea deal that he agreed in his trial by military commission in February 2014.

Under the terms of that plea deal, al-Darbi acknowledged his role in an-Qaeda attack on a French oil tanker off the coast of Yemen’s coast in 2002, and was required to testify against other prisoners at Guantánamo as part of their military commission trials, which he did last summer, and was supposed to be released on February 20 this year.

However, February 20 came and went, and al-Darbi wasn’t released, a situation that threatened to undermine the credibility of the military commission plea deals. Read the rest of this entry »

Guantánamo Lawyers Urge International Criminal Court to Investigate US Torture Program

An image produced by AMICC (the American NGO Coalition for the International Criminal Court), which advocates for US participation in the ICC. The image was produced in 2016, in an article about the ICC's possible investigation into war crimes in Afghanistan, including those in which US forces were involved.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.

 

Ever since evidence first emerged of the US’s post-9/11 torture program — most conspicuously, via the photos of abuse in Abu Ghraib that were revealed in 2004, and the network of CIA “black sites” that were first revealed in the media in late 2005 — opponents of torture have sought to hold accountable those responsible for implementing torture in its various forms: in the CIA’s global network of “black sites,” in proxy prisons in other countries, in Afghanistan and Iraq, and at Guantánamo.

Their efforts have persistently been thwarted. President Obama, notoriously, used the “state secrets doctrine” to prevent torture victims from having their day in the US court system (check out the Jeppesen case in 2010, for example), and, earlier that year, after an internal Justice Department investigation into John Yoo and Jay Bybee, who wrote and approved the notorious “torture memos” of 2002 that purported to re-define torture so that it could be used by the CIA, concluded that they were guilty of “professional misconduct,” the Obama administration allowed a DoJ fixer to override that conclusion, deciding instead that they had merely exercised “poor judgment.”

In December 2014, an important step towards the truth came with the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 detention program (the Senate torture report, as it is more colloquially known), which delivered a devastating verdict on the program, even if it was not empowered to hold anyone accountable. And last August, there was good news when James Mitchell and Bruce Jessen, former military psychologists who had developed the torture program for the CIA, settled out of court — for a significant, but undisclosed amount — with several survivors of the rendition and torture program, and the family of another man, Gul Rahman, who had died in Afghanistan. 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 »

Leak Reveals How, In Counter-Productive, Backwards Move, Donald Trump Plans to Issue New Executive Order Keeping Guantánamo Open

Collage of Donald Trump and Guantanamo prisoners on the first day of the prison's operations, January 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.

 

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.

The first responses that occurred to me when I saw the news, via Politico, that a leaked State Department cable revealed that Donald Trump was planning to issue an executive order keeping the prison at Guantánamo Bay open — in other words, rescinding President Obama’s unfulfilled 2009 executive order pledging its closure — was, firstly, how leaky this administration is, and, secondly, how Trump seems obsessed with overturning anything associated with his predecessor.

Just a week into Trump’s presidency, last January, the New York Times obtained a leaked executive order in which he proposed to keep Guantánamo open, to prevent further prisoner releases, and to reintroduce torture and “black sites,” rescinding not only Obama’s executive order regarding the closure of Guantánamo, but also his executive order banning the use of torture and ordering “black sites” closed.

He was shouted down on the latter, by everyone within the US establishment who had been stung by how close they had come to prosecution over the brutal and unnecessary post-9/11 CIA torture program, which the Senate Intelligence Committee witheringly dismantled in its 2014 report. However, his desire to keep Guantánamo open never went away, even though advisers surely told him that sending anyone there was impractical, as the courts have a solid track record of successfully prosecuting those accused of terrorism, and Guantánamo’s history reveals it as little more than a place of torture and abuse, intended to be beyond the reach of the US courts, which wrecks viable prosecutions, and, throughout its existence, has routinely warehoused insignificant prisoners at colossal expense. 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, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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