Lloyd Austin Cynically Revokes 9/11 Plea Deals, Which Correctly Concluded That the Use of Torture Is Incompatible With the Pursuit of Justice
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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.
In depressing but sadly predictable news regarding the prison at Guantánamo Bay and its fundamentally broken military commission trial system, the US defense secretary, Lloyd Austin, has stepped in to torpedo plea deal agreements with three of the men allegedly involved in planning and executing the terrorist attacks on September 11, 2001, which were announced just 48 hours before in a press release by his own department, the Department of Defense.
The three men in question are Khalid Shaikh Mohammad (KSM), the alleged mastermind of the attacks, Walid Bin Attash and Mustafa al-Hawsawi, and, although the full details of the plea deals were not made publicly available, prosecutors who spoke about them after the DoD’s press release was issued confirmed that the three men had “agreed to plead guilty to conspiracy and murder charges in exchange for a life sentence rather than a death-penalty trial.”
The plea deals, approved by the Convening Authority for the military commissions, Army Brig. Gen. Susan Escallier, who was previously the Chief Judge in the US Army Court of Criminal Appeals, would finally have brought to an end the embarrassing and seemingly interminable efforts to prosecute the three men, which began sixteen and a half years ago, and have provided nothing but humiliation for four successive US administrations — those led by George W. Bush, Barack Obama, Donald Trump and Joe Biden.
Radio: I Discuss Guantánamo’s Discredited Torture Trials with Scott Horton
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. If you can help, please click on the button below to donate via PayPal.
Last week, hot on the heels of my interview about Guantánamo with Kevin Gosztola and Rania Khalek for their “Unauthorized Disclosure” podcast, I was delighted to speak again to Scott Horton, the indefatigable interviewer, author and libertarian, who I’ve been talking to on and off for the last 16 years. Scott works so hard that this was, astonishingly, his 5,935th interview!
The focus of our half-hour interview was my recent article, Trial Judge Destroys Guantánamo’s Military Commissions, Rules That “Clean Team” Interrogations Cannot Undo the Effects of Torture, about the recent devastating ruling by Col. Lanny Acosta, the trial judge in the military commission pre-trial hearings (now in their 12th year) for Abd al-Rahim al-Nashiri, accused of being the mastermind of the bombing of the USS Cole in 2000, who was held and tortured in CIA “black sites” for nearly four years before his transfer to Guantánamo in September 2006.
Al-Nashiri had made self-incriminating statements under torture, but the government knew that these could not be used in court, and so, four months after his arrival, a so-called “clean team” of interrogators interviewed him non-coercively, apparently securing voluntary self-incriminating statements. It is these statements, however, that Col. Acosta has just ruled inadmissible, because, as he established, the regime of torture and confession in the “black sites” was so enduring that al-Nashiri had essentially been “conditioned” to believe that, if he didn’t tell his interrogators what they wanted to hear, he would inevitably be subjected to horrendous torture.
Video: I Discuss the Collapse of Guantánamo’s Military Commissions on “Unauthorized Disclosure” with Kevin Gosztola and Rania Khalek
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. If you can help, please click on the button below to donate via PayPal.
Many thanks to Kevin Gosztola of Shadowproof and The Dissenter for having me on his most recent “Unauthorized Disclosure” podcast with Rania Khalek to discuss the latest news regarding the prison at Guantánamo Bay.
The 40-minute podcast is entitled, “Nearly 8,000 Days of Injustice at Guantánamo Bay,” which is a helpful reminder of quite how long this wretched place has been open, and a reference to the photo campaign I’ve been running for many years now via the Close Guantánamo website (and its Gitmo Clock subsidiary, which counts in real time how long Guantánamo has been open), encouraging supporters to take photos with posters marking every 100 days of the prison’s existence.
The latest poster was for 7,900 days, on August 28, and you can see all the photos here, while the terrible milestone of 8,000 days takes place on December 6, and I hope you can take a photo with the 8,000 days poster and send it to Close Guantánamo.
Trial Judge Destroys Guantánamo’s Military Commissions, Rules That “Clean Team” Interrogations Cannot Undo the Effects of Torture
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. 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.
In an extraordinary 50-page ruling in Guantánamo’s military commissions, Col. Lanny J. Acosta Jr., the judge in the case of Abd al-Rahim al-Nashiri, a Saudi national of Yemeni descent, who is accused of masterminding the terrorist attack on the USS Cole in 2000, in which 17 US sailors died, has refused to allow prosecutors to use self-incriminating statements that al-Nashiri made to a so-called “clean team” of three agents from the FBI, the NCIS and the Air Force Office of Special Investigations on January 31 and February 1 and 2, 2007, five months after he was brought to Guantánamo, having spent nearly four years in CIA “black sites,” where he was subjected to horrendous torture.
At the heart of Col. Acosta’s measured and devastating opinion is an appalled recognition that the extent of al-Nashiri’s torture, and its location with a system designed to break him and to make him entirely dependent on the whims of his interrogators to prevent further torture, made it impossible for him to have delivered any kind of uncoerced self-incriminating statement to the “clean team” who interviewed him in 2007.
To establish this compelling conclusion, Col. Acosta painstakingly pieces together a narrative of al-Nashiri’s torture that tells this brutal story in more agonizing and forensic detail than any previous account has done, drawing largely on the accounts of al-Nashiri’s torture in the revelatory 500-page unclassified summary of the Senate Intelligence Committee’s report about the CIA torture program — technically, the Rendition, Detention, and Interrogation (RDI) program — which was released in December 2014, on the testimony of numerous experts called by the defense team in hearings between July 2022 and June 2023, and on the testimony of James Mitchell and Bruce Jessen, two staff psychologists from the US Air Force SERE school, who were recruited to direct the torture program on the ground.
Who's still at Guantánamo?
