Really? Trump Lawyer Argues in Court that Guantánamo Prisoners Can Be Held for 100 Years Without Charge or Trial

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (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.




 

Last Wednesday, as I flagged up in a well-received article the day before, lawyers for eleven of the 40 prisoners still held at Guantánamo finally got the opportunity to follow up on a collective habeas corpus filing that they submitted to the District Court in Washington D.C. on January 11, the 16th anniversary of the opening of the prison. The filing, submitted by lawyers from organizations including the Center for Constitutional Rights (CCR) and Reprieve on behalf of 11 of the remaining 40 prisoners, argued, as CCR described it after the hearing, that “their perpetual detention, based on Trump’s proclamation that he will not release anyone from Guantánamo regardless of their circumstances, is arbitrary and unlawful.”

CCR added that the motions of eight of the 11 men were referred to Senior Judge Thomas F. Hogan, who heard the argument today”, and stated that the lawyers had “asked the judge to order their release.”

CCR Legal Director Baher Azmy, who argued the case in court, said after the hearing, “Our dangerous experiment in indefinite detention, after 16 years, has run its course. Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantánamo. That position is based not on a meaningful assessment of any actual threat, but on Trump’s animosity towards Muslims, including these foreign-born prisoners at Guantanamo — the height of arbitrariness. Short of judicial intervention, Trump will succeed.” Read the rest of this entry »

Tomorrow, Lawyers Will Argue in Court That Donald Trump’s Guantánamo Policy Is “Arbitrary, Unlawful, and Motivated by Executive Hubris and Anti-Muslim Animus”

Senior Judge Thomas F. Hogan of the District Court in Washington, D.C. and a photo of prisoners at Guantanamo on the day of the prison's opening, 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.




It’s a big day for Guantánamo tomorrow, as lawyers for eleven prisoners still held at the prison will be arguing before Senior Judge Thomas F. Hogan in the District Court in Washington, D.C. that, as the New York-based Center for Constitutonal Rights describe it, “[Donald] Trump’s proclamation that he will not release anyone from Guantánamo regardless of their circumstances is arbitrary, unlawful, and motivated by executive hubris and anti-Muslim animus.”

The lawyers submitted a habeas corpus petition for the men on January 11 this year, the 16th anniversary of the opening of the prison, as I explained in an article at the time, entitled, 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.

As I also explained in that article, “The eleven men are: Tawfiq al-Bihani (ISN 893) aka Tofiq or Toffiq al-Bihani, a Yemeni who was approved for release by Obama’s Guantánamo Review Task Force in 2010, Abdul Latif Nasser (ISN 244) aka Abdu Latif Nasser, a Moroccan approved for release in 2016 by a Periodic Review Board, a parole-type process, and nine others whose ongoing imprisonment was upheld by their PRBs: Yemenis Zohair al-Sharabi aka Suhail Sharabi (ISN 569), Said Nashir (ISN 841), Sanad al-Kazimi (ISN 1453) and Sharqawi al-Hajj (ISN 1457), Pakistanis Abdul Rabbani (ISN 1460) and Ahmed Rabbani (ISN 1461), the Algerian Saeed Bakhouche (ISN 685), aka Said Bakush, mistakenly known as Abdul Razak or Abdul Razak Ali, Abdul Malik aka Abdul Malik Bajabu (ISN 10025), a Kenyan, and one of the last men to be brought to the prison — inexplicably — in 2007, and Abu Zubaydah (ISN 10016), one of Guantánamo’s better-known prisoners, a stateless Palestinian, for whom the post-9/11 torture program was initially conceived, under the mistaken belief that he was a high-ranking member of al-Qaeda.” 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 »

Guantánamo Lawyer: It is “Entirely Unprecedented” for Trump to “Take the Position That There Will Be No Transfers out of Guantánamo Without Regard to the Facts”

Abdul Latif Nasser and Sufyian Barhoumi, two of the five prisoners still held at Guantanamo who were approved for release by high-level government review processes under President Obama.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.





 

Just before Christmas, in an article entitled, “Men due to leave Gitmo under Obama seem stuck under Trump,” the Associated Press shone a light on the plight of five men approved for release from Guantánamo by high-level US government review processes under President Obama, but who were not released before Donald Trump took office. I wrote about these men for Al-Jazeera in June, in an article entitled, “Abdul Latif Nasser: Facing life in Guantánamo,” but it was excellent to see an update from the AP, because there has been no progress from Trump, who, while not following up on his ill-considered urges to expand the use of the prison, has effectively sealed it shut, showing no sign that he has any desire to follow up on the decisions to release these five men by freeing them.

In my article in June, I focused in particular on the case of Abdul Latif Nasser, a Moroccan prisoner who was approved for release in July 2016 by a Periodic Review Board, a parole-type process set up in 2013 by President Obama to assess the cases of men previously regarded as legitimate candidates for indefinite detention without charge or trial. They had been regarded as “too dangerous to release” by a previous review process, the Guantánamo Review Task Force, which met once a week throughout 2009, although the officials responsible for the PRBs also conceded that insufficient evidence existed to put them on trial, a tacit admission that the evidence itself was profoundly untrustworthy. This was definitively established by the PRB process between 2013 and 2016, when 64 men had their cases reviewed, 38 were approved for release, and all but Nasser, and an Algerian, Sufyian Barhoumi, were freed.

As I explained in my article in June, Nasser missed being released by just eight days, because the Moroccan government only notified the US that it would accept his repatriation on December 28, 2006, 22 days before Obama left office, but 30 days’ notification is required by Congress before any prisoner can be freed. Read the rest of this entry »

Please Read My New Article for Al-Jazeera About the Five Men Still Held at Guantánamo Who Were Approved for Release Under Obama

A screenshot of my latest article for Al-Jazeera on June 30, 2017.Dear friends and supporters — and any casual passers-by,

I’m delighted to announce that my latest article for Al-Jazeera, Abdul Latif Nasser: Facing life in Guantánamo, has just been published, and I encourage you to read it, and to share it as widely as possible if you find it useful.

In it, I look at the cases of the five men still held at Guantánamo who were approved for release under President Obama, but who didn’t make it out before Donald Trump took over, with a particular focus on Abdul Latif Nasser, a Moroccan whose government sought his release, but failed to get the paperwork to the US authorities in time. I also look at the cases of Sufyian Barhoumi, an Algerian, and Tawfiq al-Bihani, a Yemeni. The two other men, sadly, don’t wish to have their cases discussed.

It’s important for these men’s cases to be remembered, because, although Donald Trump has not followed up on threats he made after taking office to send new prisoners to Guantánamo and to reintroduce torture, he has effectively sealed the prison shut for the last five months, releasing no one, and showing no signs of wanting to release anyone, and those of us who care about the ongoing injustice of Guantánamo must continue to do what we can to bring this deplorable state of affairs to an end. Read the rest of this entry »

Meet the Seven Guantánamo Prisoners Whose Appeals Were Turned Down by the Supreme Court

I wrote the following article for the “Close Guantánamo” website, which I established in January 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.

This week, the Supreme Court took a decision not to accept appeals by seven Guantánamo prisoners who, over the last few years, either had their habeas petitions denied, or had their successful petitions overturned on appeal. The ruling came the day before the 4th anniversary of Boumediene v. Bush, the 2008 case in which the Supreme Court granted the prisoners constitutionally guaranteed habeas corpus rights.

That led to a number of stunning court victories for the prisoners between 2008 and 2010, but in the last two years no prisoners have had their habeas petitions granted, because judges in the D.C. Circuit Court, a bastion of Bush-era paranoia about the “war on terror,” where the deeply Conservative Senior Judge A. Raymond Randolph holds sway, have unfairly rewritten the rules in the government’s favor, so that it is now almost impossible for a habeas petition to be granted. 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 (The State of London).
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