Please support my work as a reader-funded investigative journalist, commentator and activist. If you can help, please click on the button below to donate via PayPal.

Today, at Westminster Magistrates Court, just two days after ruling that WikiLeaks founder Julian Assange cannot be extradited to the US, District Judge Vanessa Baraitser refused to grant him bail, consigning him to ongoing imprisonment in the maximum-security Belmarsh prison in south east London.

On Monday, at the Central Criminal Court (the Old Bailey), Judge Baraitser refused to allow the extradition to proceed, ruling that his life would be at risk in a US supermax prison. Judge Baraitser accepted expert testimony and evidence, given during his extradition hearings in September and October, that Assange has Asperger’s Syndrome and has expressed suicidal ideations, and that the US authorities would be unable to prevent him from committing suicide in a supermax prison, a decision with precedents in the cases of Gary McKinnon and Lauri Love, whose extradition was also prevented by British judges.

Assange must now await a possible appeal against Monday’s ruling, with Judge Baraitser recognizing the US government’s right to do so when she stated today that, “As a matter of fairness, the US must be allowed to challenge my decision.”

Read the rest of this entry »

Please support my work as a reader-funded investigative journalist, commentator and activist. If you can help, please click on the button below to donate via PayPal.

In a totally unexpected ruling in the Old Bailey this morning, District Judge Vanessa Baraitser refused to allow WikiLeaks founder Julian Assange’s extradition to the US to proceed, on the basis that, as court-watcher Kevin Gosztola described it in a tweet, she was “satisfied that procedures described by [the] US would not prevent Assange from finding a way to commit suicide in [a] US supermax prison.”

Gosztola added, powerfully, “The United States government’s mass incarceration system just lost them their case against WikiLeaks founder Julian Assange.”

In an unjust world in which good news seems to be in ever dwindling supply, this is extraordinarily good news. The US has 14 days to appeal, but it is uncertain if they will do so, as the mental health and suicide risk argument is essentially unassailable, and has been used effectively before — in the cases of Gary McKinnon and Lauri Love, who both have Asperger’s Syndrome. Julian’s Asperger’s has, to my mind, rarely been adequately recognized before, until it was diagnosed by an expert witness in his extradition hearing in September, which now seems to have played a key role in preventing his extradition.

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

The US establishment is nervous about John Walker Lindh, the “American Taliban.” 

A US citizen, Lindh was taken into custody by US forces in Afghanistan in December 2001, along with around 85 other Taliban fighters, survivors of a massacre — the Qala-i-Janghi massacre — that is largely forgotten. He received a 20-year prison sentence in a federal court on the US mainland in May 2002 for providing material support to terrorism, but had his sentence reduced by three years because of good behavior. 

He was released on May 23, but with restrictions imposed by a federal judge. As the Associated Press described it, “Lindh’s internet devices must have monitoring software; his online communications must be conducted in English; he must undergo mental health counseling; he is forbidden to possess or view extremist material; and he cannot hold a passport or leave the US.”

Donald Trump opposed his early release, as did Secretary of State Mike Pompeo. It was reported back in 2015 that, from prison, he had expressed support for Daesh (aka Islamic State or Isis). For the Atlantic, staff writer Graeme Wood, based on prison correspondence with Lindh, claimed that he was “permanently devoted” to violent jihad, and that “public security demands nothing less than close observation [of Lindh] for a very, very long time.” 

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. 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 “war on terror” established by the US in the wake of the terrorist attacks of September 11, 2001, one of the most distressing developments has been the death of the presumption of innocence and of any form of due process.

In response to the attacks, the Bush administration tore up and discarded all the laws and treaties regarding the treatment of prisoners, and as a result everyone they rounded up as a terrorist (or a terrorist sympathizer or facilitator) was regarded as guilty — without the need for any proof.

The terrible legacy of this time is still with us. Although the processing prisons in Afghanistan (Bagram, for example) and the CIA “black sites” have closed, 40 men are still held in the prison at Guantánamo Bay, the defining icon of the US’s post-9/11 lawlessness.

Of the 779 men held by the US military at Guantánamo since it opened over 17 years ago, on January 11, 2002, 729 men have been released, but only 39 of those 729 have been released through any legal process — 33 through the US courts, as a result of them having their habeas corpus petitions granted by judges in the District Court in Washington, D.C., and six others through the military commission trial process at Guantánamo itself (one after a trial, and five through plea deals). Read the rest of this entry »

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with 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.

Click here for Andy’s 20-minute interview on Cii Broadcasting, a Muslim radio station based in South Africa, discussing who is still held at Guantánamo, and how, on almost every front, justice is not being delivered to these men.

14 years after the terrorist attacks of September 11, 2001, it is time to take stock of what has — or hasn’t — been achieved, and what the cost has been for America’s standing in the world, how it sees itself and its values.

Unfortunately, an honest audit delivers an alarming response. As Tom Engelhardt has written in “Mantra for 9/11: Fourteen Years Later, Improbable World,” an article to mark the anniversary:

Fourteen years of wars, interventions, assassinations, torture, kidnappings, black sites, the growth of the American national security state to monumental proportions, and the spread of Islamic extremism across much of the Greater Middle East and Africa. Fourteen years of astronomical expense, bombing campaigns galore, and a military-first foreign policy of repeated defeats, disappointments, and disasters. Fourteen years of a culture of fear in America, of endless alarms and warnings, as well as dire predictions of terrorist attacks. Fourteen years of the burial of American democracy (or rather its recreation as a billionaire’s playground and a source of spectacle and entertainment but not governance). Fourteen years of the spread of secrecy, the classification of every document in sight, the fierce prosecution of whistleblowers, and a faith-based urge to keep Americans “secure” by leaving them in the dark about what their government is doing. Fourteen years of the demobilization of the citizenry. Fourteen years of the rise of the warrior corporation, the transformation of war and intelligence gathering into profit-making activities, and the flocking of countless private contractors to the Pentagon, the NSA, the CIA, and too many other parts of the national security state to keep track of. Fourteen years of our wars coming home in the form of PTSD, the militarization of the police, and the spread of war-zone technology like drones and stingrays to the “homeland.”

Read the rest of this entry »

On Tuesday, a significant victory took place in the long struggle by campaigners — and prisoners themselves — to improve detention conditions in US prisons, when a settlement was reached in Ashker v. Governor of California, a federal class action lawsuit on behalf of prisoners held in the Security Housing Unit (SHU) at California’s Pelican Bay State Prison who have spent a decade or more in solitary confinement.

In a press release, the Center for Constitutional Rights, whose lawyers represented the prisoners, with co-counsel from other lawyers’ firms and the organizations California Prison Focus and Legal Services for Prisoners with Children, stated that the “landmark” settlement “will effectively end indeterminate, long-term solitary confinement in all California state prisons,” resulting in “a dramatic reduction in the number of people in solitary across the state and a new program that could be a model for other states going forward.”

As CCR noted, the class action “was brought in 2012 on behalf of prisoners held in solitary confinement at the Pelican Bay prison, often without any violent conduct or serious rule infractions, often for more than a decade, and all without any meaningful process for transfer out of isolation and back to the general prison population.” The case argued that California’s use of prolonged solitary confinement “constitutes cruel and unusual punishment and denies prisoners the right to due process.” Read the rest of this entry »

Of the tens of thousands of victims of the Bush administration’s novel approach to detention in the “war on terror” — which involved shredding the Geneva Conventions, the use of torture and indefinite detention without charge or trial, and, in some cases, extraordinary rendition —  few of the victims were American citizens, but three particular individuals need to be remembered, because they were not only tortured and held without charge or trial for years, but their torture and lawless detention took place on US soil.

The three men are Jose Padilla, Yaser Hamdi and Ali al-Marri (the latter a legal US resident rather than a citizen), and Padilla — a former Chicago gang member who converted to Islam, and was held as an “enemy combatant” on US soil from May 2002, when he was seized after returning him from Pakistan, until November 2005 — was back in the news last week when a judge extended to 21 years the sentence of 17 years and four months he received in January 2008, when he was convicted of conspiracy to murder, kidnap and maim people abroad, and providing material support for terrorism.

The sentence was a disgrace, as I explained at the time in an article entitled, “Why Jose Padilla’s 17-year prison sentence should shock and disgust all Americans,” because of Padilla’s torture, which had destroyed his mind, because the judge prohibited all mention of his torture during the trial, and because the “dirty bomb plot” he had allegedly been involved in had turned out to be non-existent, and his trial and sentence was based instead on his involvement in a handful of phone calls that made reference to jihad. Read the rest of this entry »

Suddenly I’m talking to people on the radio all the time — for the first time since the height of the prison-wide hunger strike at Guantánamo a few months back. I’ll shortly be speaking to an old friend, Peter B. Collins in San Francisco, and on Sunday I’ll be speaking to another old friend, Jackie Chase at Radio Free Brighton, and I’ll be making those shows available as soon as they’re online. On Saturday, I spoke to Chuck Mertz in Chicago for “This is Hell” (which I publicized here), and in the interests of completeness I’m posting here a couple of shows I did recently that I haven’t made available until now.

The first show was a half-hour interview with Linda Olson-Osterlund on KBOO FM in Portland,Oregon, which I wasn’t able to make available until now because of problems with KBOO FM’s website. These have now been resolved, and the interview is available here (or via the webpage here). Linda and I have been discussing Guantánamo for many years, and, although it is never a happy occasion to have to talk about Guantánamo, it was good to be able to discuss at length the ongoing injustice of the prison, the failure to close it, and the responsibilities for that failure, which lie with all three branches of the US government — the Obama administration, Congress and parts of the judiciary; specifically, the court of appeals in Washington D.C. and the Supreme Court.

The spur for our discussion was the release of two Algerian prisoners, and it is a sign of how very wrong things are at Guantánamo that they were the first two prisoners to be freed as a result of the wishes of the Obama administration — rather than through a court order or a plea deal in the military commission trials — since September 2010. The two men had been cleared for release in January 2010 by the inter-agency Guantánamo Review Task Force that President Obama established when he took office in January 2009, but while they have finally been released, 84 other men, also cleared for release by the task force, continue to be held, because of Congressional obstruction, and President Obama’s unwillingness to spend political capital overcoming the obstacles raised by Congress. Read the rest of this entry »

No one who has spent any time studying and writing about Guantánamo, as I have, could fail to realize that, although the terrible innovation of Guantánamo is indefinite detention without charge or trial, its orange jumpsuits, and the perceived normality of solitary confinement as standard operating procedure, arrived at the prison directly from America’s domestic prison system — where there are 2.2 million prisoners (and almost 7 million people under correctional supervision (including probation and parole), and up to 100,000 prisoners are subjected to solitary confinement at any one time. Most harrowingly, many thousands of these prisoners are subjected to solitary confinement not as occasional punishment, but as a policy, and have spent years, or even decades without any human contact.

As Kevin Gosztola explained in July 2011, in an article for FireDogLake, “40 states and the federal government have supermax prisons holding upwards of 25,000 inmates. Tens of thousands more are held in solitary confinement in lockdown units within other prisons and jails. There’s no up-to-date nationwide count, but according to best estimates, there are at least 75,000 and perhaps more than 100,000 prisoners in solitary confinement on any given day in America.”

Over the years, I have endeavored to cover the horrors of solitary confinement in America’s prisons. In December 2010, I joined a call for a worldwide ban on the use of solitary confinement, and in 2011 I covered the hunger strikes that began in California’s notorious Pelican Bay facility — see here, here, here and here. I also cross-posted a hugely important article about long-term solitary confinement, “Hellhole,” written by Atul Gawande for the New Yorker in 2009, and in 2012 reported on calls by Professor Juan Méndez, the UN Special Rapporteur on Torture, for an end to the use of solitary confinement, and an appeal to the UN by Pelican Bay prisoners. Read the rest of this entry »

UPDATE MAY 7: It has just been confirmed that WikiLeaks founder Julian Assange will now be taking part in this event, via video link from the Ecuadorian Embassy, from 7.30 to 8.15pm.

It’s almost three years since Pfc. Bradley Manning, who had been working as an intelligence analyst in Iraq, was arrested by the US military and imprisoned in Kuwait for allegedly making available — to the campaigning organization WikiLeaks — the largest collection of classified documents ever leaked to the public, including the “Collateral Murder” video, featuring US personnel indiscriminately killing civilians in Iraq, 500,000 army reports (the Afghan War logs and the Iraq War logs), 250,000 US diplomatic cables, and the classified military files relating to the Guantánamo prisoners, which were released in April 2011, and on which I worked as a media partner (see here for the first 34 parts of my 70-part, million-word series analyzing the Guantánamo files).

In July 2010, Manning was transferred to the Marine Corps Brig, Quantico, Virginia, where the conditions of his confinement began to cause international concern. I first wrote about his case in December 2010, when he was being held in solitary confinement, in an article entitled, “Is Bradley Manning Being Held as Some Sort of “Enemy Combatant”?” and I followed his story into 2011, and his transfer to less contentious conditions of confinement in Fort Leavenworth on April 20, just five days before WikiLeaks released the Guantánamo files.

In the last two years, I have largely deferred to other writers, researchers and activists, dedicated to Bradley Manning’s story, to cover developments in his case, particularly relating to a series of pre-trial hearings. His trial begins on June 3 (preceded by an international day of action on June 1), and I’m delighted to have the opportunity to revisit his story this Wednesday, May 8, at an event in London organized by Naomi Colvin and Katia Michaels, at which I am honoured to be sharing a stage with Chase Madar, the author of The Passion of Bradley Manning, and Ben Griffin, a former SAS soldier and conscientious objector. Read the rest of this entry »