US Supreme Court Supports Lifelong Imprisonment Without Charge or Trial at Guantánamo; Only Justice Breyer Dissents

Guantánamo prisoner and Yemeni citizen Moath al-Alwi, in a photo from Guantánamo included in his classified military file, dated March 2008, and released by WikiLeaks in April 2011, after being leaked by Chelsea Manning. Al-Alwi has been held without charge or trial for over 17 years, but last week had his request for a Supreme Court review of his case turned down.

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. If you can help, please click on the button below to donate via PayPal.





 

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.

Remember when the US courts used to guarantee the rights of any individual not to be imprisoned indefinitely without charge or trial, in defiance of all accepted domestic and international laws and treaties?

Yes, so do we, but unfortunately all that changed nearly 15 years ago, when the Supreme Court, in a case called Hamdi v. Rumsfeld, dealing with the sole US citizen held at Guantánamo, Yasser Hamdi, born in Baton Rouge, Louisiana in 1980, but living in Saudi Arabia since he was a child, ruled that foreign prisoners held at Guantánamo could be — yes, you guessed it — imprisoned indefinitely without charge or trial.

Hamdi, seized in Afghanistan in December 2001, had been held at Guantánamo until the US authorities realized that he was a US citizen, at which point he was moved to a military brig on the mainland, where he became one of three US citizens or residents held as “enemy combatants” and subjected to torture (the others being US citizen Jose Padilla, and legal resident Ali al-Marri).

Read the rest of this entry »

Remembering Judge John J. Gibbons, The Man Who Brought Habeas Corpus to Guantánamo

Judge John J. Gibbons, who has died aged 94, and prisoners at Guantanamo on the prison's opening day, January 11, 2002. Judge Gibbons successfully argued for their habeas corpus rights before the Supreme Court in 2004.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. If you can help, please click on the button below to donate via PayPal.




 

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.

Here at “Close Guantánamo,” we are saddened to hear of the death, at the age of 94, of Judge John J. Gibbons, who was one of the signatories to our initial mission statement when we first launched “Close Guantánamo” on January 11, 2012, the 10th anniversary of the opening of the prison. Appointed in 1970 to the United States Court of Appeals for the Third Circuit, in Philadelphia, by Richard Nixon, he served on that court for 20 years, the last three as Chief Judge. While at the court, he authored more than 800 opinions.

When he left the bench, Judge Gibbons became a Professor of Law at Seton Hall University School of Law in New Jersey, and also rejoined the firm he had been part of prior to becoming a judge, which become known as Gibbons, Del Deo, Dolan, Griffinger & Vecchione in 1997, and then Gibbons P.C. in 2007.

Although he was a Republican, and, as Chris Hedges noted in a New York Times profile in February 2004, “his politics tend[ed] to veer to the conservative,” he was also “at once an insider and an outsider,” something of a “gadfly” at his largely corporate firm, where he was “one of the state’s leading crusaders against the death penalty.” He had, he told Hedges, “always been outraged by the use of the death penalty,” which was why his firm “filed ‘friend of the court’ briefs in almost every death penalty case in New Jersey.” Read the rest of this entry »

Karen Greenberg on Brett Kavanaugh, and How Guantánamo is Poisoning US Law

Brett Kavanaugh consumed with anger during his Senate Judiciary Committee hearing prior to his confirmation as a Supreme Court justice, and a photo of Guantanamo on the day it opened, 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.

In the 21 months since Donald Trump became president, it has become increasingly difficult for those of us who care about the necessity of closing the prison at Guantánamo Bay to keep this burning injustice in the public eye. 

Journalists who care have tried hard to find ways to not let Guantánamo be forgotten, and one of those journalists is Karen Greenberg, director of the Center on National Security at Fordham Law, and the author of The Least Worst Place: Guantánamo’s First 100 Days, published in 2010.

Karen and I first got to know each other in the George W. Bush years, when my book The Guantánamo Files was published. She screened ‘Outside the Law: Stories from Guantánamo,’ the documentary film I co-directed, in New York in 2009, and has been a panelist on several occasions in the panel discussions Tom Wilner and I organize every January, on the anniversary of the opening of Guantánamo, at the New America think-tank in Washington, D.C. 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 »

Radio: Perpetual Imprisonment at Guantánamo – Andy Worthington Interviewed by Linda Olson-Osterlund on Portland’s KBOO FM

A screenshot of Andy Worthington calling for the closure of Guantanamo outside the White House on January 11, 2018.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 week, I was delighted to talk to Linda Olson-Osterlund for the morning show, Political Perspectives, on KBOO FM, a community radio station in Portland, Oregon. Linda has been talking to me about Guantánamo for many years, and it’s always a pleasure to talk to her. 

The show is available hereand here as an MP3 — and I hope you have time to listen to it, and will share it if you find it useful. Unfortunately, KBOO had a new telephone system, which didn’t allow foreign calls, and so the first 12 minutes of the show feature some music by Bill Frissell, before Linda introduced me at 12:20, prior to our interview beginning at 15:00.

Linda and I spent the first ten minutes talking about the habeas corpus petition submitted by lawyers for eleven of the remaining 41 prisoners at Guantánamo on January 11, the 16th anniversary of the opening of the prison. As I explained in a recent article, the lawyers argued, as a press release by the New York-based Center for Constitutional Rights put it, that “[Donald] 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.’” Read the rest of this entry »

Abandoning Guantánamo: The Supreme Court’s Shame as a Military Commission Appeal Is Turned Down

Protestors against rh existence of Guantanamo outside the US Supreme Court on January 11, 2012, the 10th anniversary of the opening of the prison (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.





 

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 Tuesday (October 10), when the Supreme Court turned down an appeal submitted by Ali Hamza al-Bahlul, a Guantánamo prisoner convicted of terrorism charges in October 2008 in a military commission trial, the justices demonstrated that, for over nine years now, they have proved incapable of fulfilling their role of upholding the law when it comes to issues relating to terrorism.

This is a profound disappointment, because, four months before al-Bahlul’s conviction, on June 12, 2008, those who respect the law — and basic human decency — were thrilled when the Supreme Court delivered a major ruling in favor of the prisoners at Guantánamo. In Boumediene v. Bush, the justices ruled that the prisoners had constitutionally guaranteed habeas corpus rights; in other words, that they could ask an impartial judge to rule on whether or not their imprisonment was justified.

The ruling was the third major ruling by the Supreme Court regarding Guantánamo. In June 2006, in Hamdan v. Rumsfeld, the court had ruled that the military commission trial system at Guantánamo did not have “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.” The court also ruled that Common Article 3 of the Geneva Conventions, prohibiting torture and “humiliating and degrading treatment,” had been violated. Read the rest of this entry »

Guantánamo Lawyer Michel Paradis: Military Commissions are Based on Legal Apartheid

An illustration of guards on duty at military commission pre-trial hearings at Guantanamo in 2013, by the artist Molly Crabapple from the first of four articles she wrote and drew for Vice News.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.





 

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.

Here at Close Guantánamo, we have been campaigning since our founding over five years ago to close the prison at Guantánamo Bay, Cuba, because, as we explain in our mission statement, “Guantánamo harms our nation every day it stays open, and it continues to serve as a potent symbol for terrorist recruitment. Guantánamo also undermines our bedrock commitment to the rule of law, making that fundamental principle less secure for all Americans.”

In practical terms, most of our opposition to Guantánamo’s existence has focused on the injustice of indefinite imprisonment without charge or trial. During President Obama’s last five years in office, we persistently encouraged him to release the men unanimously approved for release by high-level, inter-agency government review processes, including the Periodic Review Boards. These began in November 2013, but their deliberations ended up dominating much of the discussion about Guantánamo in his last year in office.

However, we also recognize that, while failing to charge prisoners with crimes and to put them on trial, or to treat them as soldiers and to hold them according to the Geneva Conventions, is an inexcusable derogation from internationally accepted norms regarding imprisonment, the situation for those facing trials at Guantánamo is, fundamentally, no better. Just ten of the 41 men still held are facing, or have faced trials in the military commission system launched under George W. Bush in 2001, revived by Congress in 2006 after the Supreme Court ruled it illegal, and — ill-advisedly — revived again under President Obama in 2009, but the system remains unfit for purpose, and a betrayal of US values. Read the rest of this entry »

Video: Andy Worthington Laments Obama’s Failure to Close Guantánamo – and Fears What Trump Will Do – Outside the Supreme Court on Jan. 11

Andy Worthington calling for the closure of Guantanamo outside the Supreme Court on January 11, the 15th anniversary of the opening of the prison (Photo: Matt Daloisio).Please support my work! I’m currently in the US to campaign for the closure of Guantánamo and trying to raise $1000 (£800) to support my visit.

 

On Wednesday, I was outside the Supreme Court in Washington, D.C. for the annual protest against the continued existence of the “war on terror” prison at Guantánamo Bay, with representatives from rights groups including Witness Against Torture, Amnesty International, the Center for Constitutional Rights and the National Religious Campaign Against Torture, plus some powerful spoken word pieces by The Peace Poets.

I spoke about the double disappointment of this depressing anniversary, with Obama just days away from failing to fulfill the promise to close Guantánamo that he made on his second day in office nearly eight years ago, and Donald Trump about to take the prison over with his wild promises to “load it up with some bad dudes,” and I urged those gathered to make it a priority, from Day One of the Trump presidency, to demand that Trump frees those men still held who have been approved for release (19 at present, although we are told that between 13 and 15 will be freed by Obama in his last week), and also to demand that he continues with the latest review process, the Periodic Review Boards, for which 26 of the remaining 55 prisoners continue to be eligible.

The PRBs, which function like parole boards, have reviewed the cases of 64 men in the last three years, and 38 have been approved for release. The 26 other men had their ongoing imprisonment upheld, but their cases are regularly reviewed, and some of them will almost certainly also be approved for release — unless Trump repeals Obama’s 2011 executive order establishing the PRBs. Read the rest of this entry »

Video: Discussing Guantánamo on the 15th Anniversary of the Prison’s Opening – Andy Worthington, Tom Wilner, Jim Moran and Rosa Brooks at New America

The panel at New America on Jan. 11, 2017, the 15th anniversary of the opening of Guantanamo. From L to R: Peter Bergen, Jim Moran, Rosa Brooks, Tom Wilner and Andy Worthington.Please support my work! I’m currently in the US to campaign for the closure of Guantánamo, and trying to raise $1000 (£800) to support my visit.

 

Yesterday was the 15th anniversary of the opening of the “war on terror” prison at Guantánamo Bay, Cuba, and a typically busy day for me. My seventh annual visit to Washington, D.C. to call for the closure of Guantánamo on the anniversary began with a protest outside the Supreme Court with representatives from rights groups including Witness Against Torture, Amnesty International, the Center for Constitutional Rights and the National Religious Campaign Against Torture. As usual, there were speakers from all the groups involved, plus some powerful spoken word pieces by The Peace Poets, and video of my talk will hopefully be available soon.

The day continued with a panel discussion, Guantánamo Bay: Year 15, at New America, with my friend and colleague Tom Wilner, counsel of record to the Guantánamo prisoners in their Supreme Court cases in 2004 and 2008, with whom I co-founded the Close Guantánamo campaign five years ago, Jim Moran, former congressional representative for Virginia’s 8th district and a longtime opponent of Guantánamo, and Rosa Brooks, a Senior ASU Future of War Fellow at New America who also served in the Obama administration. The moderator was Peter Bergen, the Vice President of New America and the Director of the International Security Program.

I’m pleased to report that the panel discussion was streamed live, and that a video is available on YouTube. It’s cross-posted below and I do hope you have time to watch it, and to share it if you find it useful. Read the rest of this entry »

Rights Groups, Including Close Guantánamo, Issue Statement in the Run-Up to the 15th Anniversary of the Opening of Guantánamo

Andy Worthington calling for the closure of Guantanamo outside the White House on january 11, 2016, the 14th anniversary of the prison's opening (Photo: Justin Norman).Please support my work! I’m currently trying to raise $1000 (£800) to support my annual visit to the US to call for the closure of Guantánamo (from Jan. 9-21).

 

Dear friends and supporters,

It’s horrible to realize that, next Wednesday, January 11, the prison at Guantánamo Bay will have been open for 15 years, and will begin its 16th year of operations with just  a week left under President Obama’s control, prior to Donald Trump taking it over. Trump, notoriously, promised on the campaign trail to “load it up with bad dudes,” and, just two days ago, tweeted, “There should be no further releases from Gitmo. These are extremely dangerous people and should not be allowed back onto the battlefield.”

As I have done every January since 2011, I will be in Washington, D.C. next Wednesday to call for the prison’s closure— a call aimed at the outgoing president, but, more specifically, now, aimed at Donald Trump.

I arrive in New York City on January 9, and travel to Washington, D.C. the day after, and I’ll soon be posting a more detailed itinerary — although I can tell you that at 2.30pm on January 11 I’ll be at New America to discuss Guantánamo at 15, and what we can expect from Donald Trump, with the attorney Tom Wilner, with whom I co-founded the Close Guantánamo campaign five years ago, Jim Moran, former congressional representative for Virginia’s 8th district and one of the representatives who led opposition to Guantánamo Bay, and New America fellow Rosa Brooks, who was Counselor to the Under Secretary of Defense for Policy and Special Coordinator for Rule of Law and Humanitarian Policy in the Pentagon from 2009-2011. If you want to attend this free event, please RSVP here. 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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