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.

Two months ago, I reviewed the situation at Guantánamo as it relates to Congress, providing a succinct summary of the extent to which Congress has — and hasn’t — been involved in establishing and maintaining the prison since it first opened nearly 18 years ago, and establishing that Congress has largely been complicit in the existence of Guantánamo.

Lawmakers facilitated its creation under George W. Bush, and, when both the Senate and the House were controlled by Republicans under Barack Obama, imposed restrictions on Obama’s efforts to close the prison, in the annual National Defense Authorisation Act (NDAA), that largely remain in place today.

These restrictions — on the countries to which prisoners can be released, on the transfer of any prisoner to the US mainland for any reason, and on spending any money to create a replacement for Guantánamo on the US mainland, or to close the facility in Cuba — largely make no difference under Donald Trump, because Trump has no interest in releasing prisoners, or in closing Guantánamo under any circumstances. As Military.com explained, the requirements regarding Guantánamo in the NDAA “fall in line with Trump’s Jan. 2018 executive order to keep Guantánamo open indefinitely.”

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 long and dispiriting story of the prison at Guantánamo Bay, where, in defiance of its purported values, the US is holding men indefinitely without charge or trial, the role of Congress is not always well understood.

Under George W. Bush, lawmakers were largely compliant with the shameful innovations introduced after the terrorist attacks of September 11, 2001, passing the Authorization for Use of Military Force, the week after the attacks, which allowed the president to pursue anyone that he felt was associated with Al-Qaeda, the Taliban or associated forces, and to imprison them at the Guantánamo prison, which was deliberately established on the US naval base in Cuba to be beyond the reach of the US courts.

From the beginning, the men — and boys — held there were held without rights, and although long legal struggles led to them eventually securing habeas corpus rights, Congress fought back. However, when their habeas rights were eventually gutted of all meaning, the responsibility lay with ideologically malignant appeals court judges rather than Congress.

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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.

Ever since Barack Obama left the White House, in January 2017, having failed to close the prison at Guantánamo Bay, despite promising to do so on his second day in office eight years before, it has been difficult to see any light at the end of the tunnel when it comes to that wretched offshore prison. 

The 40 men still held are, for the most part, held indefinitely without charge or trial, while the few who are charged are caught in seemingly endless pre-trial hearings in the military commissions, a broken facsimile of a functioning judicial system. And in the White House, of course, is Donald Trump, who has no interest in justice when it comes to the Guantánamo prisoners; Donald Trump, who wants no one released under any circumstances, and would happily add to the prison’s population if he could.

However, a glimpse of light at the end of the tunnel finally re-emerged in November, in the mid-term elections, when Democrats took back control of the House of Representatives. Given the track record of the Obama years, it would be unwise to read too much into this slight shift in the balance of power amongst the US’s elected representatives, but, as Shilpa Jindia noted in a recent article for the Intercept, “On the anniversary of the prison’s opening in January, a coalition of NGOs visited with key House Democrats, who expressed support for various tactics to close Guantánamo.”

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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.

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 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 last few days, two very different approaches to torture have been on display in the US and the UK.

On Wednesday, the US Senate conducted confirmation hearings for Gina Haspel, Donald Trump’s nomination as the next Director of the CIA, who has attracted widespread criticism since her nomination was announced back in March, for two particularly valid reasons: firstly, because, towards the end of 2002, she was in charge of the CIA’s first post-9/11 “black site” in Thailand, where several “high-value detainees” were held and tortured, and secondly because, in 2005, she was involved in the destruction of videotapes documenting the torture of prisoners, even though a court had ordered the tapes to be preserved.

At the time of her nomination, we signed up to a letter from a number of rights groups opposing her nomination, and also published an article on our website, entitled, The Torture Trail of Gina Haspel Makes Her Unsuitable to be Director of the CIA. 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 »

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.

Last week there was an interesting development in relation to President Obama’s hopes of closing Guantánamo, when the Senate Armed Services Committee announced that it had included a provision in its version of next year’s National Defense Authorization Act, which, as Charlie Savage reported for the New York Times, would allow Guantánamo prisoners to “plead guilty to criminal charges in civilian court via video teleconference,” and would also allow them to be “transferred to other countries to serve their sentences.”

Last November, a number of lawyers sent a letter to the Justice Department, which the New York Times discussed here, in which they “express[ed] interest in exploring plea deals by video teleconference — but only in civilian court, not military commissions.”

Lawyers for six prisoners said that they “may wish” to negotiate plea deals — Abu Zubaydah, the “high-value detainee” for whom the CIA’s torture program was developed, Abu Faraj al-Libi, another “high-value detainee,” Sanad al-Kazimi, a Yemeni who recently went before a Periodic Review Board, Abd al-Rahim Ghulam Rabbani, a Pakistani, Abdul Latif Nasser, the last Moroccan in the prison, and Soufian Barhoumi (aka Sufyian Barhoumi), an Algerian whose PRB is taking place on May 24. As Savage described it, the letter also “said several others are interested, and that Majid Khan, who has pleaded guilty in the [military] commissions system but has not been sentenced, would like to plead again, in civilian court.” Read the rest of this entry »

I’m sure many of us remember where we were on December 9, 2014, when, two years after it was completed, the 500-page executive summary of the Senate Intelligence Committee’s five-year, 6,700-page, $40m report into the CIA’s post-9/11 torture report was released, which I wrote about here and here.

It was a momentous occasion, for which Sen. Dianne Feinstein, and everyone who worked with her to compile the report and and to publish it (or its executive summary, at least), deserve profound thanks. In dark times, in which the US system of checks and balances has gone awry, this was a bright light in the darkness. It also caused British commentators like myself to reflect on the fact that it was something that would never happen in the UK.

That said, however, the widespread sense of horror that greeted the publication of the executive summary, with its profoundly disturbing details that were unknown before — like the “rectal feeding” of prisoners for example — has not, in the six months since, led to firm action to hold accountable those who authorized and implemented the program, which is, of course, unacceptable. As I wrote at the time in my article for Al-Jazeera: 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.

On Saturday, six Yemenis were freed from Guantánamo, and resettled in Oman, bringing the prison’s population down to 116 men, the lowest total it has been since the first few months of the prison’s operation back in 2002. I wrote about the release of the men here, and amended the details of our prisoner list here, and, in response to the releases, I thought it would also be useful to follow up by looking at where we stand with President Obama’s long-promised mission to close the prison.

President Obama made his promise to close Guantánamo on his second day in office, pledging to close it within a year. Since failing to keep the promise, he has sporadically stated again his desire to see the prison closed — most notably two years ago, when a prison-wide hunger strike prompted him to promise to resume releasing prisoners, after a period of nearly three years in which releases had almost ground to a halt, because of opposition in Congress and the president ‘s refusal to expend political capital overcoming those obstacles.

In April, as I wrote about here, the Washington Post reported, as I paraphrased it,  that all the men approved for release in Guantánamo — at the time 57 out of the 122 men still held — would be “freed by the end of the year, and, if Congress proves obstructive, the Obama administration might close the facility before the end of Obama’s presidency by unilaterally moving the remaining prisoners to the US mainland.” I added, however, that, realistically, “it might be wisest to view these suggestions as the administration stating its best-case scenario.” 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.

It’s now nearly five months since the last prisoners were released from Guantánamo, even though 57 of the 122 men still held have been approved for release from the prison, the majority since President Obama’s high-level, inter-agency Guantánamo Review Task Force issued its recommendations about the disposition of the remaining prisoners in January 2010.

As any decent person would agree, still holding men five years after you said you no longer wanted to hold them is a particularly offensive betrayal of any notion that you believe in justice and fairness.

President Obama released dozens of prisoners — 66 in total — from when he took office in January 2009 until September 2010, at which point restrictions on the release of prisoners, which were cynically imposed by Congress, made it more difficult. This was not because the administration was unable to release prisoners, but because the process of certifying to Congress that it was safe to do so, which were the conditions imposed by lawmakers, made the release of prisoners much more politically sensitive than it should have been. Read the rest of this entry »