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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.

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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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.

Many thanks to Jason Leopold, senior investigative reporter for BuzzFeed News, for securing, through a Freedom of Information request, a DoD Inspector General report from 2010 entitled, “Review of the Joint Task Force Guantánamo’s Inclusion of Mental Health information in Intelligence Reports.”

Leopold, whose dogged pursuit, through FOIA requests, of documents the government would rather keep hidden secured him a description as a “FOIA terrorist,” posted the heavily related 33-page report on Twitter, noting that the report had taken seven years to be released since he first filed a FOIA request for it, and explaining that it was “about the mental health of detainees and the reliability of intel they provided to their captors.” 

The report states that it was “conducted to determine whether DoD Intelligence Information Reports (IIRs) published by Joint Task Force Guantánamo (JTF GTMO) and its predecessor organizations included information regarding the mental health status of sources or their history of medication with substances and to determine the possible effect on finished intelligence.”

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On December 9, I published an article marking the 4th anniversary of the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s detention and interrogation program, a five-year, $40 million project that demonstrated that torture was “not an effective means of acquiring intelligence or gaining cooperation from detainees”, that the interrogations “were brutal and far worse than the CIA represented to policymakers and others,” that the CIA made “inaccurate claims” about the “effectiveness” of the programme in an attempt to justify it and that it “led to friction with other agencies that endangered national security, as well as providing false statements that led to costly and worthless wild goose chases,” as I explained in an article at the time for Al-Jazeera.

With peoples’ minds still, hopefully, focused on questions of accountability, I also wanted to flag up that December 11 marked the 10th anniversary of an earlier report, the Senate Armed Services Committee’s ‘Inquiry into the Treatment of Detainees in US Custody,’ released on December 11, 2008, that, rather than focusing on the CIA, specifically exposed wrongdoing at the highest levels of the Bush administration.

The bipartisan report, issued by the committee’s chairman, Sen. Carl Levin, and its senior Republican, Sen. John McCain, runs to 232 pages, with a 29-page executive summary, and was based on a two-year investigation. In the course of its investigations the committee “reviewed more than 200,000 pages of classified and unclassified documents, including detention and interrogation policies, memoranda, electronic communications, training manuals, and the results of previous investigations into detainee abuse.” The committee also “interviewed over 70 individuals in connection with its inquiry,” mostly DoD, but also DoJ and FBI, “issued two subpoenas and held two hearings to take testimony from subpoenaed witnesses,” sent “written questions to more than 200 individuals,” and also “held public hearings on June 17, 2008 and September 25, 2008,” the transcripts of which, running to 380 pages, can be found here. Read the rest of this entry »

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 was on vacation recently when a terrible anniversary passed unnoticed by the mainstream media — the 16th anniversary of two official US government memos authorizing the use of torture, and specifically approving it for use on Abu Zubaydah, which were issued on August 1, 2002.

A Saudi-born Palestinian, Zubaydah — whose real name is Zayn al-Abidin Muhammad Husayn — was seized in a house raid in Faisalabad, Pakistan on March 28, 2002, and held and tortured in CIA “black sites” until, in September 2006, he was sent to Guantánamo, where he remains to this day, held largely incommunicado, and without being charged or put on trial. 

In a useful article for the generally dreadful Lawfare blog, whose existence normalizes the notion of indefinite imprisonment without charge or trial, one of his lawyers, Charles R. Church, recently wrote an article entitled, “What Politics and the Media Still Get Wrong About Abu Zubaydah,” in which he wrote, “Perhaps not since the French political scandal known as the Dreyfus Affair, at the turn of the 20th century, has there been such a concerted campaign to promulgate false information about a prisoner. In our client’s case, the motive was to gain permission to torture Abu Zubaydah and to provide a basis for holding him incommunicado and in isolation.” Read the rest of this entry »

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.

Since the terrible elevation of the grotesquely inadequate figure of Donald Trump to the position of President of the United States, there has been a bizarre propensity, on the part of those in the center and on the left of US political life, to seek to rehabilitate the previous Republican president, George W. Bush.

So let’s nip this in the bud, shall we? Because unless you’ve been away from the planet for the last 20 years, you must be aware that it was George W. Bush who initiated the US’s brutal and thoroughly counter-productive “war on terror” in the wake of the terrorist attacks of September 11, 2001, which involved authorizing the CIA to set up a secret detention and torture program, establishing a prison outside the law at Guantánamo Bay, Cuba, establishing deportation and surveillance programs within the US, invading one country (Afghanistan) in response to the attacks, where US troops remain to this day, despite having long ago ”snatched defeat from the jaws of victory,” as the author Anand Gopal once explained to me, and invading another country (Iraq) that had nothing to do with 9/11 or al-Qaeda, but which was nevertheless destroyed, along the way serving as the crucible for the creation of a newer threat, Daesh, or Islamic State, as it is more colloquial known in the West, a kind of turbo-charged reincarnation of al-Qaeda.

Today, February 7, is the 16th anniversary of one particularly sinister and misguided development in Bush’s “war on terror” — a memorandum, entitled, “Humane Treatment of Taliban and al Qaeda Detainees,” which was sent to just a handful of recipients including Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, Attorney General John Ashcroft, CIA director George Tenet, and General Richard B. Myers, the Chairman of the Joint Chiefs of Staff. Read the rest of this entry »

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.

Exactly eleven years ago, on September 6, 2006, George W. Bush, who had previously denied holding prisoners in secret prisons run by the CIA, admitted that the secret prisons did exist, but stated in a press conference that the men held in them had just been moved to Guantánamo, where they would face military commission trials.

To date, just one man has been successfully prosecuted — Ahmed Khalfan Ghailani, a minor player in the 1998 bombings of two US embassies in Africa, who was only successfully prosecuted because he was moved to the US mainland and given a federal court trial. In response, Republican lawmakers petulantly passed legislation preventing such a success from happening again, leaving the other men to be caught in seemingly endless pre-trial military commission hearings, or imprisoned indefinitely without charge or trial. Seven men — including Khalid Sheikh Mohammed and four other men changed in connection with the 9/11 attacks — are in the former category, while another man (Majid Khan) agreed to a plea deal in 2012, but is still awaiting sentencing, and five others — including Abu Zubaydah, a logistician mistakenly regarded as a high-ranking terrorist leader, for whom the torture program was first developed — continue to be held without charge or trial, and largely incommunicado, with no sign of when, if ever, their limbo will come to an end.

Last year, I wrote an article about the “high-value detainees” on the 10th anniversary of their arrival at Guantánamo, entitled, Tortured “High-Value Detainees” Arrived at Guantánamo Exactly Ten Years Ago, But Still There Is No Justice, and this year I’m taking the opportunity to cross-post an excerpt from a recently published book, The Convenient Terrorist, by Joseph Hickman and John Kiriakou, published by Skyhorse Publishing, Inc., and available from Amazon, Barnes & Noble and IndieBound. The excerpt was first published on Salon. Read the rest of this entry »

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.

Yesterday (June 28), three members of Veterans for Peace — the US military veterans’ organization founded in 1985 and committed to building “a culture of peace” — interrupted the Senate confirmation hearing for Steven G. Bradbury, nominated by Donald Trump as general counsel for the Commerce, Science and Transportation Department, and were subsequently arrested. Videos are available here and here,

The three VFP members — Tarak Kauff, Ken Ashe and Ellen Barfield — were protesting about Bradbury’s role as one of the authors of the notorious “torture memos” under George W. Bush, and they were not alone. As the New York Times explained, Sen. Tammy Duckworth, a Democrat from Illinois, told Bradbury at the hearing, “You lacked the judgment to stand up and say what is morally right when pressured by the president of the United States, and I’m afraid you would do so again.” She then “wagged her finger at Mr. Bradbury and accused him of having a dangerous ‘rubber stamp’ mentality,” and said, “I cannot oppose this nomination strongly enough.”

For my call for Steven Bradbury to be prosecuted — along with other senior Bush administration officials and lawyers — listen to my song ‘81 Million Dollars,’ performed with my band The Four Fathers.

The “torture memos” were written and approved in the Office of Legal Counsel (the branch of the Justice Department that is supposed to provide impartial advice to the executive branch), and the first examples were written by law professor John Yoo, and approved by Yoo’s boss, Jay S. Bybee. The memos sought to redefine torture so that it could be used by the CIA on Abu Zubaydah, seized in Pakistan in March 2002 and regarded as a “high-value detainee,” and approved a list of techniques that included waterboarding, an ancient torture technique that involves controlled drowning. Read the rest of this entry »

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’ve recently been going through my (nearly) ten-year archive of articles about Guantánamo and related issues, in an effort to work out what to include in a forthcoming book compiling the best of my writing about Guantánamo. One of the duller aspects of this work has been to fix broken links, in particular to radio shows and videos of TV appearances and other live events, but along the way I was reminded of a exhilarating, if rather exhausting trip that I made to Berkeley in October 2010 — my first ever visit to the West Coast of the US — for Berkeley Says No To Torture Week.

The week of events was put together by the World Can’t Wait, the National Lawyers Guild (San Francisco), Progressive Democrats of America, Meiklejohn Civil Liberties Institute, National Accountability Action Network, Code Pink, FireJohnYoo.org, Berkeley Fellowship of Unitarian Universalists Social Justice Committee and the Rev. Kurt Kuhwald, and Berkeley was chosen as the venue because John Yoo, the author of the Bush administration’s notorious “torture memos,” is law professor at Berkeley, even though, under George W. Bush, when he was a lawyer in the Justice Department’s Office of Legal Counsel, which is supposed to provide the executive branch with impartial legal advice, he attempted to redefine torture so that the CIA could use it on “high-value detainees” in the “war on terror.”

Berkeley City Council had adopted a Resolution to hold a week of public educational events to educate the community about torture in September 2010, and Debra Sweet of the World Can’t Wait then arranged my visit, which involved me taking part in what I remember as several events a day during that week, culminating in a performance of “Reckoning With Torture,” in which I read out passages relating to Abu Zubaydah, the first official victim of the US’s post-9/11 torture program, and which I’m cross-posting below, via YouTube: Read the rest of this entry »

On August 23, 2016, the most notorious torture victim in Guantánamo, Zayn al-Abidin Muhammad Husayn, better known as Abu Zubaydah, became the 61st prisoner to face a Periodic Review Board, and was seen for the first time by anyone outside of the US military and intelligence agencies, apart from representatives of the International Committee of the Red Cross, his attorneys and translators, since his capture 14 years and five months ago.

For the Guardian, David Smith wrote, “His dark hair was neat, his moustache and beard impeccably trimmed. His shirt was high-collared and spotlessly white. He sat at the head of the table with a calm, composed mien. It was the first time that the world has seen Zayn al-Abidin Muhammed Husayn, also known as Abu Zubaydah, since his capture in Pakistan 14 years ago.” He added that, “[a]fter a brief technical hitch, a TV screen showed a room with a plain white wall and black shiny table. Anyone walking in cold might have assumed that Abu Zubaydah, with the appearance of a doctor or lawyer, was chairing the meeting. To his left sat an interpreter, dressed casually in shirtsleeves, and to his right were two personal representatives in military uniform with papers before them. A counsel was unable to attend due to a family medical emergency.”

Smith also noted that he “sat impassive, expressionless and silent throughout, sometimes resting his head on his hand or putting a finger to his mouth or chin, and studying his detainee profile intently as it was read aloud by an unseen woman.” Read the rest of this entry »

To coincide with some renewed activity in connection with the Bush administration’s torture program — namely, the ACLU suing James Mitchell and Bruce Jessen, the former military psychologists who set up the program — I’m taking the opportunity to make available a video of my song ‘81 Million Dollars‘ about the torture program, and about Mitchell and Jessen.

$81m is the amount Mitchell and Jessen were paid for taking their experience as psychologists involved in the US military’s SERE (Survival, Evasion, Resistance, Escape) program — which involved subjecting US personnel to torture to prepare them if they were seized by a hostile enemy — and reverse-engineering it for use in real-life situations, something for which they were abjectly unqualified.

The result, as the executive summary of the Senate Intelligence Committee’s CIA torture report made clear last December, was unspeakably brutal and pointless, producing no information that could not have been produced without the use of torture. It also involved the CIA lying about its actions.

See below for the video, of myself and Richard Clare of my band The Four Fathers, playing the song last month while my friend Todd Pierce (the former military defense attorney who represented Guantánamo prisoners in their military commission trials) was staying with me. Please note also that the version by the full band is available here on Bandcamp, where those interested can buy it for just 60p ($0.93), or as part of the whole of our album ‘Love and War’ — as a download or on CD. Read the rest of this entry »