The New York Times’ Linda Greenhouse on Guantánamo: “Born in Fear and Sustained Through Political Cynicism and Public Indifference”

Guards in a watchtower at Guantánamo Bay.

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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.

Two weeks ago, the 18 year-long struggle by lawyers, NGOs and all decent people to bring justice to the men held at Guantánamo reached a new low point in the court of appeals (the D.C. Circuit Court) in Washington, D.C., as I explained at the time in an article entitled, Trump-Appointed Appeals Court Judge Rules That Guantánamo Prisoners Don’t Have Due Process Rights.

The judge in question, Judge Neomi Rao, appointed by Donald Trump last year, is an enthusiastic supporter of the opposition, by various judges in the court, to the landmark Supreme Court case Boumediene v. Bush, decided in June 2008, which granted constitutionally guaranteed habeas corpus rights to the Guantánamo prisoners.

That ruling led to the only time in Guantánamo’s history when the law has successfully applied at the prison. From 2008 until 2010, 38 prisoners had their habeas corpus petitions granted by District Court judges, and the majority of those men were released.

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Trump-Appointed Appeals Court Judge Rules That Guantánamo Prisoners Don’t Have Due Process Rights

Judge Neomi Rao (left), a Donald Trump appointee to the D.C. Circuit Court, who recently wrote a contentious opinion for the court in the case of Yemeni businessman and Guantánamo prisoner Abdulsalam al-Hela (right), ruling that the Guantánamo prisoners do not have due process rights; in other words, that they can neither see nor rebut any evidence held by the government that purportedly justifies their detention.

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.

In the long and profoundly dispiriting story of the Guantánamo prisoners’ efforts to challenge their imprisonment without charge or trial through legal means, their victories — in Rasul v. Bush in 2004, and Boumediene v. Bush in 2008, when they were granted habeas corpus rights — evaporated through a number of appeals court rulings from 2009 to 2011, which ended up with the prisoners’ habeas rights being gutted of all meaning.

Between 2008 and 2010, 38 prisoners had their habeas corpus petitions approved, meaning that, even though the government had been given a very low evidentiary hurdle, they couldn’t even demonstrate to a range of District Court judges that the men in question were involved, in any meaningful sense at all, with either Al-Qaeda or the Taliban. Since 2010, however, not a single prisoner has had his habeas corpus petition granted, and efforts to persuade the Supreme Court to take back control of the prisoners’ fate have also come to nothing.

Finally, however, last June, the prisoners secured a significant victory in the D.C. Circuit Court (the court of appeals in Washington, D.C.), in a case argued by Close Guantánamo’s co-founder Tom Wilner, as I explained in an article entitled, A Rare Court Victory Offers Hope for Guantánamo’s “Forever Prisoners”, when a panel of three judges ruled, in the case of Khalid Qassim, an insignificant prisoner, and yet one who has been held now for over 18 years without charge or trial, that he should be able to see and rebut the evidence purportedly justifying his detention.

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A Rare Court Victory Offers Hope for Guantánamo’s “Forever Prisoners”

Guantánamo prisoner Khalid Qassim, in a photograph included in his classified military file, released by WikiLeaks in 2011, and ‘Titanic in Black and White,’ an artwork he made at Guantánamo in 2017, consisting of paint over gravel mixed with glue, which was included in the show ‘Art from Guantánamo Bay’ at John Jay College of Criminal Justice in New York in 2017-18.

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.

Anyone who has been following the alleged legal basis for the ongoing imprisonment without charge or trial of prisoners at Guantánamo should be encouraged by a ruling on June 21, 2019 by a three-judge panel — consisting of Judges Patricia A. Millett, Cornelia T. L. Pillard, and Harry T. Edwards — in the D.C. Circuit Court (the Court of Appeals for the District of Columbia) in Qassim v. Trump, a case involving Khalid Qassim, a 41-year old Yemeni citizen who has been held at Guantánamo without charge or trial for over 17 years.

Close Guantánamo’s co-founder Tom Wilner argued the case before the court, and, as he explains, the court “reversed an eight-year rule that has prevented Guantánamo detainees from seeing and rebutting the evidence purportedly justifying their detentions,” as part of a ruling in which the judges granted Qassim’s request to reverse the District Court’s denial of his petition for habeas corpus.

To give some necessary perspective to the significance of the ruling, it is important to understand that, for most of Guantánamo’s history, the law has failed to offer them adequate protections against executive overreach. In a glaring demonstration of arrogant folly after the terrorist attacks of September 11, 2001, the Bush administration decided that anyone who ended up in US custody would be treated neither as a criminal (to be charged and put on trial), nor as a prisoner of war protected by the Geneva Conventions, who could be held unmolested until the end of hostilities. Instead, the prisoners were designated as “unlawful enemy combatants”; essentially, human beings without any rights whatsoever.

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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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