What Should Trump Do With the US Citizen Seized in Syria and Held in Iraq as an “Enemy Combatant”?

"Detainee Holding Cell": a US military sign, origin unknown.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 nearly a month since my curiosity was first piqued by an article in the Daily Beast by Betsy Woodruff and Spencer Ackerman, reporting that a US citizen fighting for ISIS had been captured in Syria and was now in US custody. Ackerman followed up on September 20, when “leading national security lawyers” told him that the case of the man, who was being held by the US military as an “enemy combatant,” after surrendering to US-allied Kurdish forces fighting ISIS in Syria around September 12, “could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS.”

At the time, neither the Defense Department nor the Justice Department would discuss what would happen to the unnamed individual, although, as Ackerman noted, “Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.” However, if Donald Trump wanted to send him to Guantánamo (as he has claimed he wants to be able to do), that would be a different matter.

A Pentagon spokesman, Maj. Ben Sakrisson, told Ackerman that, according to George W. Bush’s executive order about “war on terror” detentions, issued on November 13, 2001, and authorizing the establishment of military commissions, “United States citizens are excluded from being tried by Military Commissions, but nothing in that document prohibits detaining US citizens who have been identified as unlawful enemy combatants.” Read the rest of this entry »

Another Legal Hero in the Struggle Against Trump’s Bigotry: Hawaii’s Judge Derrick Watson Issues Nationwide Restraining Order on Immigration Ban

Demonstrators hold signs at Hartsfield-Jackson International Airport in Atlanta on January 29, 2017 after Donald Trump issued his first Muslim ban (Photo: Branden Camp/AP).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.

 

Congratulations to District Judge Derrick K. Watson, in Hawaii, who, on Wednesday, issued what the Washington Post described as “a sweeping freeze of President Trump’s new executive order hours before it would have temporarily barred the issuance of new visas to citizens of six Muslim-majority countries and suspended the admission of new refugees.” I wrote about the original ban here, and the rulings shutting it down here and here, and wrote a follow-up about the reissued ban here, on March 7.

With some accuracy, the Post described Judge Watson’s 43-page opinion as “blistering,” adding that it “pointed to Trump’s own comments and those of his close advisers as evidence that his order was meant to discriminate against Muslims,” and noting that Judge Watson “declared there was a ‘strong likelihood of success’ that those suing would prove the directive violated the Constitution.”

In particularly damning language, Judge Watson declared that “a reasonable, objective observer — enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance — would conclude that the Executive Order was issued with a purpose to disfavor a particular religion.” 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 »

Disgraceful: Trump Sacks Acting US Attorney General Sally Yates, Who Refused to Support His Vile Immigration Ban

Donald Trump and Sally Yates, the Acting Attorney General who he has sacked after she refused to cooperate with his disgraceful immigration ban.Please support my work! I’m currently trying to raise $2500 (£2000) to support my work over the first two months of the Trump administration.

 

Heroes abound in opposition to Donald Trump’s America — the lawyers filing habeas corpus petitions in airports, the citizens filling the streets with their voices and their indignation in huge numbers of cities across the land, and a handful of individuals whose objections have directly challenged the worst of his policies in his first turbulent ten days in office.

One is Judge Ann Donnelly, the federal court judge in Brooklyn who, on Saturday morning, issued a stay on the forced deportation of those on flights or in US airports who had been targeted by Trump’s outrageous immigration ban, barring entry to the US for anyone from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen for three months, and banning all Syrian refugees permanently (in defiance of the US’s refugee treaty obligations), and also, with utter contempt for their rights, banning re-entry to any permanent US resident from any of these countries who happened to have been abroad when the ban came into effect, as well as anyone with dual nationality (where one nationality includes any of the proscribed countries), including US citizens.

The ban has drawn widespread criticism and has sparked huge protests, and it is clear that it is absolutely unacceptable, as its claimed basis — to protect the US from terrorists — has no basis in reality, as just two US citizens a year from these seven countries are killed by immigrants who could be described as terrorists, compared to 21 a year killed by toddlers with guns, and 11,737 a year shot and killed by other Americans. Read the rest of this entry »

Obama’s Failure to Close Guantánamo: Revisiting a Major Article in the New Yorker

"Inaugurate Justice, Close Guantanamo": a message from Witness Against Torture activists outside the White House on January 13, 2013, the 11th anniversary of the opening of the prison, just a week before President Obama's second term inauguration (Photo: Andy Worthington).With just over 100 days remaining for President Obama to fulfill his promise to close the prison at Guantánamo Bay that he inherited from George W. Bush, where men subjected to torture and other forms of abuse are still held without charge or trial, undermining the US’s belief that it is a nation that respects the rule of law, I continue to work to close the prison, through my writing here, and through the Close Guantánamo campaign that I established with the US attorney Tom Wilner in January 2012, on the 10th anniversary of the prison’s opening.

A specific initiative of the “Close Guantánamo” campaign is the Countdown to Close Guantánamo, in which, every 50 days, those who wish to see Guantánamo closed have been submitting photos of themselves with posters reminding President Obama how many days he has left. Please print off the latest poster, marking 100 days remaining for President Obama to fulfill his promise on October 11, take a photo of yourself with it, and send it to us to add your voice to those calling for the prison’s closure.

This January, as President Obama prepares to leave office after eight years as president, it will be 15 years since Guantánamo opened, unless he somehow manages to close it — by executive order, perhaps — in the brief period between the presidential election in November and the inauguration of the next president in January 2017. That seems unlikely, however, because Congress has, for years, imposed bans on spending any money to bring any prisoners to the US mainland for any reason, and overriding lawmakers will unleash a fury. Read the rest of this entry »

200 Days Left in the Countdown to Close Guantánamo: Please Send Photos Reminding President Obama on Independence Day

Close Guantanamo co-founder Andy Worthington's son Tyler holding up a poster reminding President Obama that, on July 3, 2016, he has just 200 days left to close Guantanamo, as he first promised when he took office in January 2009.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.

This Sunday, July 3, President Obama will have just 200 days left of his presidency; 200 days, in other words, to fulfill the promise he made, on his second day in office, to close the prison at Guantánamo Bay. On January 22, 2009, he actually promised to close Guantánamo within a year, but although it is now nearly seven and a half years since that promise, it remains important for President Obama’s legacy that he does all he can to fulfill his promise before he leaves office.

Send us your photos!

To mark the occasion, we are asking those who want to see Guantánamo closed to print off a poster reminding President Obama that he has just 200 days left to close Guantánamo, take a photo of yourself with it, and send it to us, to put up on the website here, and also on social media (see our Facebook and Twitter pages), and we will be making sure that we tie in publicity to the values of the US, as celebrated on Independence Day the day after.

We began the Countdown to Close Guantánamo in January, when I appeared on Democracy Now! with music legend Roger Waters, and we have been counting down every 50 days, supporting President Obama, who has stepped up his efforts to close the prison this year, promising to release the men approved for release (29 of the 79 men still held) by the end of summer, and to complete reviews for all the other men, except the ten facing trials, before the end of the year. Read the rest of this entry »

Photos: Close Guantánamo with Roger Waters and Justice for Tamir Rice with Witness Against Torture

Campaigners with Witness Against Torture, and The Peace Poets, from the Bronx, call for justice for Tamir Rice, the 12-year old black boy killed by police in Ohio in November 2014. No one has been held accountable for Tamir's death. (Photo: Andy Worthington).

See my photos on Flickr here!

I’ve recently posted two sets of photos from my US visit last month to call for the closure of the US prison at Guantánamo Bay, which, shamefully, is still open, despite President Obama’s promise to close it within a year on his second day on office in January 2009. The visit, as with my January visits every year since 2011, was timed to coincide with the anniversary of the opening of Guantánamo, where 91 men are still held, almost all without charge or trial, in defiance of the values the US claims to uphold.

The two photo sets I have previously posted were of my first ever visit to Florida — a lightning visit to attend a protest outside the gates of the headquarters of US Southern Command — and the annual protest outside the White House on January 11, the 14th anniversary of the opening of Guantánamo, involving groups including Amnesty International, the Center for Constitutional Rights, Witness Against Torture and the World Can’t Wait. My thanks to Debra Sweet of the World Can’t Wait for organizing my trip, as she has every January since 2011.

I was representing two other groups I co-founded, Close Guantánamo, the campaign and website I set up four years ago with the US attorney Tom Wilner, and We Stand With Shaker, the campaign to free Shaker Aamer, the last British resident in Guantánamo, which played a part in securing Shaker’s release in October. To celebrate, I brought the giant inflatable figure of Shaker that was at the heart of the campaign to the US for the very first time. Read the rest of this entry »

Guantánamo Lawyers Complain About Slow Progress of Periodic Review Boards

Guantanamo prisoner Ravil Mingazov, who us one of 36 men eligible for Periodic Review Boards, but who have not yet been given a date when their reviews will take place. This photo is of Ravil with his family, in a photo taken before his capture.Yesterday I published an article about the most recent Periodic Review Board to take place at Guantánamo, and I was reminded of how I’ve overlooked a couple of interesting articles about the PRBs published in the Guardian over the last six weeks.

When it comes to President Obama’s intention to close Guantánamo before he leaves office next January, the most crucial focus for his administration needs to be the Periodic Review Boards, featuring representatives of the Departments of State, Defense, Justice and Homeland Security, and the offices of the Director of National Intelligence and Joint Chiefs of Staff, as I have been highlighting through the recently launched Countdown to Close Guantánamo. Of the 91 men still held, 34 have been approved for release, and ten are undergoing trials (or have already been through the trial process), leaving 47 others in a disturbing limbo.

Half these men were, alarmingly, described as “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, even though the task force acknowledged that insufficient evidence existed to put them on trial. Read the rest of this entry »

Obama’s Mixed Messages on Guantánamo, as Justice Department Tells Judge Not to Intervene in Case of 75-Pound Hunger Striker at Risk of Death

Members of the campaigning group Witness Against Torture hold up a banner featuring an image of Tariq Ba Odah outside the White House in June 2015 (Photo: Matt Daloisio via Flickr).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.

One day, when we’re looking back on Guantánamo and apportioning blame to those who contributed most powerfully to its cruelty, and to keeping it open long after the most senior officials in two governments conceded that it should be closed, a spotlight will be shone on the lawyers in the Civil Division of the Justice Department who have worked so assiduously to prevent prisoners from being released.

I have criticized these lawyers occasionally, but I have rarely heard any criticism of them in the mainstream media, and yet, from the moment that the Supreme Court granted the prisoners habeas corpus rights in Rasul v. Bush in June 2004, they have been making life difficult for lawyers representing the prisoners, micro-managing their meetings with their clients and their travel arrangements, and often, it is impossible not to conclude, in an effort to obstruct the lawyers’ ability to represent their clients.

In addition, as I noted in an article in August, the Civil Division lawyers “have fought tooth and nail against every single habeas petition submitted by the prisoners, with just one exception — the severely ill Sudanese prisoners Ibrahim Idris, whose petition was granted unopposed in 2013.” I added, “Disgracefully, the Justice Department lawyers have repeatedly challenged habeas petitions submitted by prisoners whose release has already been approved by the Guantánamo Review Task Force,” the high-level, inter-agency task force set up by President Obama shortly after taking office in January 2009, which issued its final report a year later, recommending 156 men for release, 36 for trials and 48 others for ongoing imprisonment without charge or trial, on the alarming basis that they were “too dangerous to release,” but that insufficient evidence existed to put them on trial. Read the rest of this entry »

Former Guantánamo Prisoner Betrayed by Morocco: Are Diplomatic Assurances Worthless?

Guantanamo prisoner Younous Chekkouri (aka Younus Chekhouri), repatriated to Morocco  on September 16, 2015 (Photo collage by Reprieve).I’ve been so busy with the news of the planned release from Guantánamo of Shaker Aamer, the last British resident in the prison, that I have a few other stories to catch up on, one being the case of Younous Chekkouri (aka Younus Chekhouri), a Moroccan who was repatriated on September 16, but is now imprisoned and awaiting a trial, in defiance of the diplomatic assurances agreed between the US and Moroccan governments prior to his release.

Immediately after his release, as I wrote about here, Younous was imprisoned incommunicado, in an unknown location. His brother was then allowed to speak to him, and he “said he sounded OK and in good spirits.” However, on September 20, AFP reported that “he was under investigation on suspicion of terror-related offences and would appear before a public prosecutor,” noting that, in Morocco, terror suspects “can be held without charge for 48 hours, which is renewable once,” and Younous “could therefore appear in court on Monday [September 21].”

By September 21, he had has been “placed in ‘provisional detention’ in Morocco’s notorious Salé prison without bail.” He had been allowed to meet with a local lawyer, but the news was not good. Reprieve noted that he was “facing the possibility of charges of ‘attempts to disrupt the security of the country,’” which Cori Crider, his lawyer in London, described as “utterly baseless.” 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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