Tag: Guantanamo

Friday: Fairwell to Habeas Corpus, Greenwald on Obama’s Win on Indefinite Detention

This is a must read review in Salon of today’s court ruling on “Boumediene vs Bush”  written by Glenn Greenwald, which gives the history of the creation of Bush’s prison gulag in 2006 with the Military Commissions Act, and background and then says:

  Congratulations to the United States and Obama for winning the power to abduct people anywhere in the world and then imprison them for as long as they want with no judicial review of any kind.  

If you’re secretly kidnapped by, say,  a military for profit contractor and shipped off to Gitmo, the Bush DOJ contended that the detainee under Boumediene has a right to a hearing (when they get “around to it,” years later, if you survived the torture) but when you’re secretly kidnapped by Only God Knows What or Who and shipped off to Bagram’s Secret little hell holes in Afghanistan, then the non existent detainee has no rights to any such kind of hearing.  

Greenwald:


 In other words, the detainee’s Constitutional rights depends on where the Government decides to drop them off to be encaged.  One of the first acts undertaken by the Obama DOJ that actually shocked civil libertarians was when, last February, as The New York Times put it, Obama lawyers “told a federal judge that military detainees in Afghanistan have no legal right to challenge their imprisonment there, embracing a key argument of former President Bush’s legal team.”

But last April, John Bates, the Bush-43-appointed, right-wing judge overseeing the case, rejected the Bush/Obama position and held that Boumediene applies to detainees picked up outside of Afghanistan and then shipped to Bagram.  

But which Bagram are they being shipped to ?  The known Bagram Prison, or the one Gen McChrystal’s Secret Special Forces and the CIA and Blackwater Xe’s operations aren’t admitting the existence of ?  

BushCo knew GITMO “worst of worst” were innocent.

Wilkerson’s sworn statement should be the clanging death knell for Obama’s military commissions

Via the Times Online and Truthout‘s Jason Leopold, we have Lt. Col. Lawrence Wilkerson’s sworn affidavit in support of GITMO detainee Adel Hassan Hamad’s lawsuit against Bush, Rumsfeld, et al., for wrongful imprisonment and abuse, that the majority of both GITMO and Abu Ghraib detainees were arbitrarily imprisoned.

Photobucket

With respect to the assertions by Mr. Hamad that he was wrongfully seized and detained, it became apparent to me as early as August 2002, and probably earlier to other State Department personnel who were focused on these issues, that many of the prisoners detained at Guantánamo had been taken into custody without regard to whether they were truly enemy combatants, or in fact whether many of them were enemies at all. I soon realized from my conversations with military colleagues as well as foreign service officers in the field that many of the detainees were, in fact, victims of incompetent battlefield vetting. There was no meaningful way to determine whether they were terrorists, Taliban, or simply innocent civilians picked up on a very confused battlefield or in the territory of another state such as Pakistan.

An Opening to Indictments and Accountability?

Turning the innocent, not only those who were grabbed and held for years but their countrymen and women, into potential foreign criminal terrorist, not winning hearts and minds and not being the law abiding country we not only claim but attack others for doing same!

Indecent treatment at Gitmo?

4/3/10 The Day after Good Friday: Zubaydah

From the ACLU’s A Ponzi Scheme of Torture

Chapter 4, Part 3  3/20/2010

http://www.thetorturereport.or…

(this same link in a form which does not jump all over the page when the mouse attempts to scroll over it here:  http://www.thetorturereport.or…  )

Timeline Summary of Binyam Mohamed and Abu Zubaydah:

April 2002.  Binyam Mohamed arrested in Pakistan.  Interrogated by the British Secret Service MI6. Tortured in Moroccan secret prisons.

Sept 2004 Binyam Mohamed sent to Guantanamo, from Bagram, Afghanistan. Although declared an

“enemy combatant”  Nov 2004, Binyam Mohamed decides not to participate in the military Tribunal created by President Bush in Oct 2001.

2005  Binyam Mohamed charged with conspiring against the U.S., with “Usama Bin Laden (a/k/a Abu Abdullah), Saif al Adel, Dr. Ayman al Zawahiri (a/k/a “the Doctor”), Mohammad Atef (a/k/a Abu Hafs al Masri), Abd al Hadi al Iraq, Zayn al Abidin Muammad Husayn (a/k/a Abu Zubayda hereinafter “Abu Zubayda”), Jose Padilla, and Khalid Sheikh Mohammad” to commit acts of terrorism.

Zubaydah, the vanishing man-



(Binyam)Mohamed was formally recharged with conspiracy on May 28, 2008. The charge sheet is virtually identical to the one issued on November 4, 2005, except that Richard Reid’s name has been removed from paragraph (e) and every reference to Abu Zubaydah has been purged from the document. Where before “Binyam Mohammad then traveled to Birmel, Afghanistan and was introduced to Abu Zubayda” and “Abu Zubayda promised him training in Pakistan building remote control devices for explosives,” for example, now “Binyam Mohamed then traveled to Birmel Afghanistan, and trained on building remote control devices.” “After arriving in Lahore, Binyam Mohammad and Jose Padilla met with Abu Zubayda in private and discussed plans for attacks against the United States” and “Abu Zubayda stated he preferred Binyam Mohamed conduct an ‘overseas’ operation instead of going back to Afghanistan” became “After arriving in Lahore, Binyam Mohamed and Jose Padilla plotted attacks against the United States. After these discussions, Mohamed and Padilla agreed to be sent to the United States to conduct these operations rather than returning to Afghanistan.”23 [23]

Sept 22, 2008. Lt Col Darrel Vandeveld, US military Tribunal prosecutor, requests to resign his military commission, stating he had ethical qualms about continuing to prosecute Guantanamo detainees without evidence being made available for the defense.

Oct 20, 2008.  Pentagon dropped all charges against Binyam Mohamed and four other detainees whose original charge sheets had linked them to Abu Zubaydah.

Oct 21, 2008. The United Kingdom notifies the Foreign Office they are about to hand down notice on releasing CIA documents for Binyam Mohamed’s attorneys.

Oct 22, 2008.   The British courts rule.  A British – US diplomatic tug of war over who goes first, releasing what classified documents, trying to hide the torture evidence, results. This year, a few paragraphs were released, showing that the British govt. secret services did know of Binyam Mohamed’s incarceration.

Jan 22, 2009.  President Obama orders Guantanamo closed, bans torture, forms task force to review all cases.

Feb 23, 2010.  Binyam Mohamed finally freed and returned to the UK.


from Binyam Mohamed’s Statement the day he was released:

….For myself, the very worst moment came when I realised in Morocco that the people who were torturing me were receiving questions and materials from British intelligence. I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I hoped would come to my rescue, I later realised, had allied themselves with my abusers.

I am not asking for vengeance; only that the truth should be made known, so that nobody in the future should have to endure what I have endured.

Not al Qaeda, Collapse of the bush Administration!!!

Looks like much more of the cheney/bush years are continuing to collapse, and All Done In Our Names. This may explain the widespread push, especially from republicans? in Congress, they’re figureheads around the Country and those connected to that administration but not in Government have so forcefully been pushing the fox nation types to rail against closing Gitmo and having No Trials of so called terrorist inside this Country and in our Courts. Courts of a supposedly Lawful Nation!

Truthout has updated an earlier report of what’s coming down.

Obama Continues Bush/Cheney’s Persecution of Abu Zubaydah

On March 28, 2002, Abu Zubaydah was captured in Faisalabad, Pakistan by the FBI, “identified” as a high-ranking operative of al Qaeda, and subsequently tortured by American agents at Guantanamo and elsewhere.

Abu Zubaydah’s treatment at the hands of the CIA has been called torture by Ali Soufan, the FBI interrogator who witnessed part of Abu Zubaydah’s CIA interrogation, multiple U.S. officials including President Obama, and by the International Committee of the Red Cross.

Media and DOJ reports about torturing Mr. Zubaydah were always careful to mention his connection to al Qaeda.

The C.I.A. officers used waterboarding at least 83 times in August 2002 against Abu Zubaydah, according to a 2005 Justice Department legal memorandum. Abu Zubaydah has been described as a Qaeda operative.

Tortured Detainee Zubaydah, Used As Lab Rat by Our Govt

There isn’t much I can add to this.  Just go read it.

Abu Zubaydah’s Drawings by emptywheel, aka Marcy Wheeler,  Monday, March 29, 2010

Marcy Wheeler at FDL, who has established that the Bush administration had the Yoo/Bybee “permission” memos were written after the fact to legitimize the use of torture, quotes a new Jason Leopold story at Truthout.org about Guantanamo detainee Abu Zubaydah.  

Torture Diaries, Drawings, and the Special Prosecutor 3/29/2010

While the CIA claims to have destroyed the tapes of the torture experiments conducted on Abu Zubaydah,  his attorney, Brent Mickum, says

“…. he learned that the special prosecutor had obtained drawings during the course of his probe that Mickum believed were Zubaydah’s. In addition to the diaries, Mickum had previously sought from the Justice Department drawings Zubaydah made while in CIA custody. But the Justice Department told Mickum they could not locate the drawings.

“When I met with John Durham (note: the US Attorney and Special Prosecutor from Connecticut, who is investigating the CIA’s destruction of the tapes)   I discovered he had drawings, which, based on my review I believed were my client’s,” Mickum said. “The drawings were ultimately produced to us in late 2009.”

The Justice Department would not discuss the drawings, diaries, or other issues related to Zubaydah’s case.

Mickum said in lieu of the torture tapes, the drawings Zubaydah made contain the best description of the torture techniques CIA interrogators used against Zubaydah while he was being held at the agency’s black site prison facilities “

According to Jason Leopold, his sources at the CIA, FBI, DOD, NSA, State Dept, DOJ, and former govt. officials, are only speaking on the condition of anonymity, but claiming that the CIA made the tapes to study Zubaydah’s reactions to the “techniques” used on him.  When a particular type of torture made him break down completely, anything less severe was considered “legal” and therefore was okayed to be classified as legal interrogation techniques in the Yoo/Bybee memos.  The tapes were subsequently destroyed.

One of Leopold’s sources referred to him (A.Z.) as an experiment and a “guinea pig.”  

The tapes were destroyed. The personal diaries untranslated. The self portraits….  conveniently misplaced.

Still No Dawn Johnsen In Recess Appointments

President Obama is going to make 15 recess appointments during Easter break, but one name is still missing:

http://www.whitehouse.gov/the-…

Dawn E. Johnsen, the current nominee to head the Office of Legal Counsel in the United States Dept. of Justice.

While President – elect, Obama said he intended to nominate Johnson, currently a law professor and a former ACLU attorney, former Deputy Assistant Attorney General from ’93 to ’96 under President Clinton, and former Acting Assistant Attorney General of the Office of Legal Council from ’97 to ’98.

House Votes To Stay In Afghanistan, Chalabi De-Baths Again, MI5 Hides in Court

Four War on Terra stories for a Wednesday afternoon:

1. The House of Representatives just voted No on a resolution to direct the President to remove the United States Armed Forces from Afghanistan within 30 days, or by Dec 31, 2010 if a later date is safer.  65 to 356.  H Conn RES 248 was sponsored by Dennish Kucinich of Ohio and had 19 co sponsors.     http://clerk.house.gov/evs/201…

Patrick Kennedy (D, RI) is down as a NO vote inspite of this story on HuffPo where he yells at the MSM for not paying attention to this national debate.   “We’re talking about war and peace, $3 billion, 1,000 lives and no press! No press !”  WTF?  No vote, dude!  http://www.huffingtonpost.com/…

The Yes on withdrawal votes were as follows.  We thank the 5 Republicans who also voted for this (marked with ••).

Baldwin

••Campbell, John, CA 48

Capuano

Chu

Clarke

Clay

Cleaver

Crowley

Davis (IL)

DeFazio

Doyle

••Duncan John TN- 2

Edwards (MD)

Ellison

Farr

Filner

Frank (MA)

Grayson

Grijalva

Gutierrez

Hastings (FL)

Jackson (IL)

Jackson Lee (TX)

••Johnson Timothy  (IL- 15)

Johnson, E. B.

••Jones Walter NC -3

Kagen

Kucinich

Larson (CT)

Lee (CA)

Lewis (GA)

Maffei

Maloney

Markey (MA)

McDermott

McGovern

Michaud

Miller, George

Nadler (NY)

Napolitano

Neal (MA)

Obey

Olver

••Paul, Ron, TX 14

Payne

Pingree (ME)

Polis (CO)

Quigley

Rangel

Richardson

Sánchez, Linda T.

Sanchez, Loretta

Schakowsky

Serrano

Speier

Stark

Stupak

Tierney

Towns

Tsongas

Velázquez

Waters

Watson

Welch

Woolsey

British Judge: Gov Can’t Hide Torture of Binyam M. by US

A British Court of Appeals has ruled against the Foreign Secretary David Milliband, that the British government can no longer refuse to disclose what MI5 knew about the torture of Binyam Mohamed while in US custody, according to an article published today in the Guardian UK.

http://www.guardian.co.uk/worl…

UK Foreign Secretary Milliband concured with the ruling only because of previous disclosures in a US Court, which would then preserve the “control principle” of one country doesn’t turn loose intelligence without the cooperation of the other, if they share intelligence.


“The foreign secretary spoke last night to Hillary Clinton. He stressed to her that the court had strongly supported the control principle and would have agreed with HMG [her majesty’s government] had it not been for the Kessler judgment in the US court last December, which had effectively disclosed the material in the seven paragraphs.

An MI5 officer known only as Witness B is being investigated by the Metropolitan police over his alleged role in questioning Mohamed incommunicado in a Pakistan jail.

Mohamed was detained in 2002 in Pakistan, where he was questioned incommunicado by an MI5 officer. The US flew him to Morocco, Afghanistan, and Guantánamo Bay, where he says he was tortured with the knowledge of British agencies.

The 7 paragraphs that the British Government were trying to hide are below, below the fold.  As noticed by commenters under another story at FDL, there are 2 dates.  The date in the Guardian story says 17 May 2002 in the first paragraph.  The date in the Foreign and Commonwealth Office dot gov dot uk site, has the date as 17 May 2001, with a disclaimer that “we have alerted the Court to a typographic error.”  

Oh, those pesky typos. What’s a year, here or there ?   ask Bush & Cheney.

Guantanamo Torture Document {UpDated}

The following is just coming across the wires here. This is about an ongoing battle to get top secret records on the torture of prisoners at Gitmo and probably other secret jails that were used as we were grabbing so called terrorists all over and most not caught on some “in theater battle field”.

This is just on one British citizen who was Ethiopian born and grabbed in 2002 in Pakistan, not Afghanistan nor Iraq. And this is only seven short paragraphs on his, Binyam Mohamed’s, treatment while in U.S. custody and incommunicado with anyone thousands of miles from home and family.  

Utopia 18: The Long Now

Death comes to all, but great achievements build a monument which shall endure until the sun grows cold.

Ralph Waldo Emerson

Load more