If Elected in November, Will Joe Biden Close Guantánamo?

A composite photo of Joe Biden and a guard tower at Guantánamo.

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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.

With just four months to go until the US Presidential Election, there is hope, in some quarters, that Donald Trump will lose to Joe Biden. The fact that this is not a foregone conclusion shows how broken American politics has become. Openly racist, Trump has been the most incoherent president imaginable, and is currently mired in a COVID-19 crisis of his own making, as the virus continues on its deadly path, largely unchecked, through swathes of the US population. And yet he retains a base of support that doesn’t make it certain that he will lose in November.

His opponent, Joe Biden, Barack Obama’s vice president for eight years, faces problems of his own. 77 years old, he is even older than Trump, and in terms of representing the people of the US, it is somewhat dispiriting that the choice is between two white men in their 70s. Nevertheless, on many fronts — not least on Guantánamo — it is inconceivable that Biden can do a worse job than Trump has over the excruciating three and a half years since he took office in January 2017.

On Guantánamo, Trump announced in a tweet, several weeks before his inauguration, that “there must be no more releases from Gitmo,” and he has been almost entirely true to his word. He inherited 41 prisoners from Obama, and only one of those men has been released — a Saudi citizen who was transferred back to Saudi Arabia for ongoing imprisonment in February 2018, to honor a plea deal agreed in his military commission trial in 2014.

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Military Judge Rules That Terrorism Sentence at Guantánamo Can Be Reduced Because of CIA Torture

Guantánamo prisoner Majid Khan, in a photo taken at the prison in 2018, and the military commissions judge, Army Col. Douglas K. Watkins, who has ruled that his sentence, based on a plea deal agreed in 2012, can be reduced because he was tortured in “black sites” by the CIA.

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.

It’s been nearly two years since I last reported on the military commission trial system at Guantánamo, which is less an oversight than a tacit acknowledgement that the entire system is broken, a facsimile of justice in which the defense teams for those put forward for trials are committed to exposing the torture to which their clients were subjected in secret CIA “black sites,” while the prosecutors are just as committed to keeping that information hidden.

I’m pleased to be discussing the commissions again, however, because, in a recent ruling in the case of “high-value detainee” Majid Khan, a judge ruled that, as Carol Rosenberg described it for the New York Times, “war court judges have the power to reduce the prison sentence of a Qaeda operative at Guantánamo Bay, Cuba, as a remedy for torture by the CIA.”

When I last visited the commissions, the chief judge, Army Col. James L. Pohl, who had also been the judge on the case of the five men accused of involvement in the 9/11 attacks since the men were arraigned in May 2012, had just caused a stir by ruling that confessions obtained by so-called “clean teams” of FBI agents, after the men were moved to Guantánamo from the CIA “black sites” where their initial confessions were obtained through the use of torture, would not be admitted as evidence. In a second blow, he announced his resignation.

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US Judge Orders Independent Psychiatric Assessment of Tortured Guantánamo Prisoner Mohammed Al-Qahtani

Tortured Guantánamo prisoner Mohammed al-Qahtani, and US District Judge Rosemary Collyer, who has ordered the US government to allow independent psychiatrists to visit him at Guantánamo, to assess whether his long-standing mental health problems are so severe that he should be sent back to Saudi Arabia.

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.





 

In a breakthrough legal ruling, a US judge has ordered the government to allow a psychiatric assessment of a Guantánamo prisoner, involving not only US doctors, who have been allowed into the prison before, to make assessments of certain prisoners’ mental and  physical health, but also, for the first time, foreign doctors, the intention being, as Carol Rosenberg of the New York Times explained, “to determine whether he should be released from the prison” and “sent home for psychiatric care.”

The prisoner in question, Mohammed al-Qahtani, is well-known to seasoned Guantánamo watchers, as he is one of only two prisoners at Guantánamo to have been subjected to torture programs specifically approved for them (the other one being Mohamedou Ould Slahi). Al-Qahtani was regarded as the intended 20th hijacker for the 9/11 attacks, and was subjected to what Carol Rosenberg described, accurately, as “two months of continuous, brutal interrogation”, by US soldiers, at the end of 2002 and the start of 2003. The torture took place in a wooden hut at Guantánamo’s Camp X-Ray, after that facility — the prison’s first camp — had closed, and TIME magazine published the harrowing log of those torture sessions in 2006, which are available here.

What was not publicly known until long after al-Qahtani’s torture was that, as Carol Rosenberg put it, he “had a history of profound mental illness and psychiatric hospitalization in Saudi Arabia before he left in 2000 or 2001,” although this has been consistently ignored by the US authorities.

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14 Million Dollars Per Prisoner Per Year: The Absurd Cost of Guantánamo

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.

Thanks to Carol Rosenberg of the New York Times for exposing what the US no longer wants to remember: that the prison at Guantánamo Bay is, per capita, by far and away the most expensive prison in the world.

According to figures obtained by the Times, “the total cost last year of holding the prisoners,” and of “paying for the troops who guard them, running the [military commissions] war court and doing related construction, exceeded $540 million.”

With 40 men still held (and one released during the year to which the figures refer*), that’s over $13 million per prisoner, but In fact it seems to be even more costly. Rosenberg noted that, for the year to September 2018, the Defense Department stated that it cost $380 million “for Guantánamo’s detention, parole board and war court operations, including construction.”

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17 Years Since the Notorious Yoo-Bybee “Torture Memos,” the US Still Finds Itself Unable to Successfully Prosecute the Men It Tortured

John Yoo, Jay S. Bybee and prisoners on a rendition plane.

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.

August 1 was the 17th anniversary of a particularly grotesque and dispiriting event in modern US history, one that has ramifications that are still being felt today, even though it was completely unnoticed — or ignored — by the US media. 

On August 1, 2002, Jay S. Bybee, then the Assistant Attorney General for the Office of Legal Counsel (OLC), the branch of the Justice Department responsible for advising the executive branch on what is, and what is not legal, signed off on two blatantly unlawful memos written by OLC lawyer John Yoo, which attempted to re-define torture, and approved its use on Abu Zubaydah, a prisoner of the “war on terror” that the US declared after the terrorist attacks of September 11, 2001, who was being held in a secret prison — a “black site” — run by the CIA.

The memos remained secret until June 2004, when, in the aftermath of the Abu Ghraib scandal, when photos were leaked of torture in a US-run prison in Iraq, one of the Yoo-Bybee memos was also leaked, provoking widespread disgust, although Yoo and Bybee escaped the criticism unscathed. For his services, Bybee was made a judge on the Ninth Circuit Court of Appeals, while Yoo kept his job as a law professor at the University of Berkeley. 

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Slow Death at Guantánamo: Why Torture and Open-Ended Arbitrary Detention Are Such Bad Ideas

An undated photo of a prisoner at Guantánamo being escorted by guards (Photo: Chris Hondros / 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. 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.

Let’s be clear about two things before we start: torture and indefinite imprisonment without charge or trial are never acceptable under any circumstances. Torture is prohibited under the UN Convention Against Torture, introduced in 1985 and ratified by Ronald Reagan, and Article 2.2 of the Convention states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” 

In addition, indefinite imprisonment without charge or trial is unacceptable because there are only two ways in which it is acceptable for countries that claim to respect the rule of law to deprive someone of their liberty: either by trying them for a crime in federal court, or holding them as a prisoner of war until the end of hostiliites, with the protections of the Geneva Conventions. 

After 9/11, however, the US created a network of torture prisons around the world, and invented a third category of prisoner — illegal or unlawful enemy combatants — who had no rights whatsoever. 

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Guantánamo’s Lost Diaspora: How Donald Trump’s Closure of the Office Monitoring Ex-Prisoners is Bad for Them – and US Security

Four prisoners released from Guantanamo who have ended up in very different circumstances following the closure by Donald Trump of the office of the Special Envoy for Guantanamo Closure. Clockwise from top left: Abu Wa'el Dhiab, Omar Mohammed Khalifh, Abd al-Malik al-Rahabi and Ravil Mingazov.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, as “Guantánamo’s Lost Diaspora: How Donald Trump’s Closure of the Office Monitoring Ex-Prisoners Endangers U.S. National Security,” 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 presence of Donald Trump in the White House has been an unmitigated disaster for anyone concerned about the ongoing existence of the prison at Guantánamo Bay, and any notion of justice regarding those held there, or, indeed, those freed from the prison over the years.

For Trump, the notion that there might be anything wrong — or un-American — about imprisoning people forever without any meaningful form of due process clearly doesn’t exist. Since he took office nearly two years ago, only one prisoner has been released, out of the 41 men still held at the prison when Obama took office; and that man, Ahmed al-Darbi, a Saudi, was only released, and transferred to ongoing imprisonment in Saudi Arabia, because of a plea deal he agreed to in his military commission trial proceedings back in 2014.

Trump, clearly, has no desire to meaningfully continue the parole-type process — the Periodic Review Boards — that Barack Obama initiated to release lower-level prisoners who could demonstrate that they didn’t pose a threat to the U.S. Indeed, his contempt for the process is such that he has shut down any possibility of the two men whose release was approved by Obama’s PRBs, but who didn’t get released before Obama left office, being freed by shutting down the State Department office that dealt with resettlements — the office of the Special Envoy for Guantánamo Closure. Read the rest of this entry »

A “Cluster Covfefe”: Guantánamo Prisoner Majid Khan’s Damning Verdict on the Shambolic Military Commissions

Guantanamo prisoner Majid-Khan, photographed at Guantanamo in 2009 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.




 

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.

To the US political, military and intelligence establishment, Guantánamo prisoner and “high-value detainee” Majid Khan — held and tortured in CIA “black sites” for three years, where he was subjected to water torture and another horrible form of torture, “rectal feeding” — is a dangerous convicted terrorist, but to anyone who takes an interest in the man himself, Khan, a Pakistani citizen who spent six years in the US as a teenager, graduating from a high school in Maryland, is a reformed character, who has cooperated fully with the authorities, and ought to be regarded as having paid his debt to society, and to be able to resume his life. 

To some extent, the authorities have accepted Khan’s transformation. Over six years ago, in February 2012, they arranged a plea deal whereby, as the Miami Herald explained in September 2016, he “pleaded guilty to serving as a courier of $50,000 linked to the Aug. 5, 2003, terrorist truck bombing of a Marriott hotel in Jakarta, Indonesia, that killed 11 people and wounded dozens of others,” and “also admitted to agreeing to be a suicide bomber in an unrealized plot to murder former Pakistan President Pervez Musharraf.”

By pleading guilty, and also by agreeing to cooperate with the authorities in forthcoming military commission trials — and, specifically, the 9/11 trial, involving Khalid Sheikh Mohammed, the alleged mastermind of the 9/11 attacks — it was agreed that, on sentencing, he would be required to serve a further 13 years. Read the rest of this entry »

The Complete Collapse of Abd Al-Rahim Al-Nashiri’s Military Commission Trial at Guantánamo

Col. Vance Spath and Abd al-Rahim al-Nashiri, both at the heart of a meltdown in the military commission trial system at 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.





 

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.

It’s three weeks since a judge in Guantánamo’s military commission trial system, Air Force Col. Vance Spath, indefinitely halted proceedings in one of the trials’ only active cases — that of Abd al-Rahim al-Nashiri, a Saudi accused of masterminding the bombing of the USS Cole in 2000, when 17 US sailors were killed.

Carol Rosenberg of the Miami Herald, who first reported the story, announced that Col. Spath “shut down the proceedings because of his inability to get defense lawyers back to the death-penalty case.” In October, three civilian lawyers quit the case for reasons that were not specified, but that observers presumed related to them discovering that they were being spied on by prosecutors — or, at least, by the military authorities at Guantánamo, on whose behalf the prosecutors are working.

I reported this story in November, when, adding insult to injury, Judge Spath briefly imprisoned Brig. Gen. John Baker, the Chief Defense Counsel of the military commissions, for refusing a request by him to reinstate the defense team — Rick Kammen, Rosa Eliades and Mary Spears — even though Brig. Gen. Baker was entirely justified in doing so. The loss of Kammen was a particular blow, as he is a death penalty expert, who has been on the case since al-Nashiri was first charged nearly ten years ago, and, by his own reckoning, has “devoted at least 10,000 hours working on the case, traveled to at least seven foreign countries in trial preparation and to Guantánamo 50 times to meet with Nashiri or appear in court,” as Carol Rosenberg explained in October. Read the rest of this entry »

Ahmed Al-Darbi: Still Held, the Guantánamo Prisoner Who Was Supposed to Have Been Sent Home Two Weeks Ago

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.





 

On Friday, Ahmed al-Darbi, a Saudi prisoner at Guantánamo, publicly criticized his government for failing to secure his release from the prison on February 20. The  release date had been agreed last October as part of a plea deal he had initially agreed to in February 2014.

In what the New York Times described as “an unusual statement” conveyed through his lawyer, he said, “It’s shameful. Unlike other countries, the Saudi government never even provided me with an attorney all these years.” He added, “And now my own government is an obstacle to my repatriation. What kind of country abandons its citizens in the custody of another government for 16 years? My country won’t take a step that was agreed on four years ago so that I can finally go home. It’s been my daily dream for four years to see my wife and children.”

Under the terms of his plea deal, al-Darbi admitted that he played a part in a 2002 attack by Al-Qaeda on a French oil tanker, the Limburg, off the Yemeni coast, in exchange for a promise that he would be repatriated, after cooperating further with the US, to serve out the rest of his sentence in Saudi Arabia. As I explained in October, when he was given a 13-year sentence, his sentencing didn’t take place before “because it was dependent upon him providing testimony for the trials of other prisoners, testimony that he undertook [last] summer, providing videotaped testimony against Abd al-Rahim al-Nashiri, who is on trial for his alleged involvement in the bombing off the USS Cole in 2000, and a deposition in the case of Abd al-Hadi al-Iraqi, another prisoner facing a trial by military commission.” 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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