Tag: Guantanamo

On March 5th, dailykos denizen norahc (Ben Plunkett) obtained permits in the name of “Swift Students for Truthiness” from the St. Paul Parks Department for use of Hamm’s Plaza for non-partisan issue oriented expressive activity on Sept. 3d and 4th, 8AM to 8PM. Planned, a Shutdown Guantanamo Stop Torture event the 3d, Stop Government Spying on the 4th, both starting at 4:00. I’m co-ordinating the “spying” event.

Hamm’s is tiny, not much more than a traffic island, so the limit of 91 in attendance at any time was acceptable.

Yesterday, Ben received a Certified Mail from the Parks Department, dated August 5th, indicating that the permits had been revoked, offering alternative space at Ecolab Plaza or Mears Park, both much less visible. Hamm’s is 2 blocks from the Convention site at the Excel Center, and faces the St. Paul Hotel, a major delegate hub. I’ve just lined up an attorney, we’ll be seeking a Temporary Restraining Order directing that the Parks Dept. honor the original permit.

Osama bin Laden's personal driver and bodyguard, who made the magisterial sum of $200 per month, 34-year-old Salim Ahmed Hamdan, who was held years without charges at Guantanamo Naval Base prison, has just been found guilty of lesser charges in the first of a series of planned “military commission” trials by the Bush Administration. Comprehensive news coverage of the Hamdan trial can be found at the Miami Herald.

Hamdan was found not guilty on two counts of conspiracy to foment terrorism in league with Al Qaeda. He was found guilty on five of eight charges of providing material support to terrorists. He has yet to be sentenced, and faces possible life imprisonment. In any case, the Bush Administration has already said that whatever the verdict or sentence, no “enemy combatant” will be released until the “war on terror” is over, i.e., until hell freezes over.

What Johnathan Turley says, with heavy heart and disbelief we’ve gone this far as a Country, should be brought into public discussion and possible implementation, as our Representatives seem to be hell bent on going along with the administrations shredding of the Constitution and the Laws of this Country!

The Armed Services Committee’s hearings last week on interrogation and torture gave us a startling look into how torture was taught at the Naval Prison at Guantanamo Bay. Most articles have not bothered to look deeply into what was discussed in meetings between officials of the Navy’s Survival, Evasion, Resistance, Escape, or SERE, program and ranking officers and personnel at Guantanamo. This article will look in some detail at what actually occurred. (At the end, I will address an important correction and clarification to an earlier article on SERE.)

As Mark Benjamin writes in his “timeline to Bush government torture”:

Soon after the terrorist attacks of Sept. 11, 2001, the Pentagon and the CIA began an orchestrated effort to tap expertise from the military’s Survival, Evasion, Resistance, Escape school, for use in the interrogation of terrorist suspects. The U.S. military’s SERE training is designed to inoculate elite soldiers, sailors and airmen to torture, in the event of their capture, by an enemy that would violate the Geneva Conventions. Those service members are subjected to forced nudity, stress positions, hooding, slapping, sleep deprivation, sexual humiliation and, yes, in some cases, waterboarding.

By a 5-4 vote, the Supreme Court has ruled unconstitutional the provision of the Military Commissions Act of 2006 that suspended the use of habeas corpus by detainees in Bush’s “war on terror.” The MCA was pushed by Bush, and overwhelmingly approved by Congress, including both supposed anti-torture politician John McCain and many Democrats.

From Justice Kennedy’s majority opinion:

Security depends upon a sophisticated intelligence apparatus and the ability of our Armed Forces to act and to interdict. There are further considerations, however. Security subsists, too, in fidelity to freedom’s first principles. Chief among these are freedom from arbitrary and unlawful restraint and the personal liberty that is secured by adherence to the separation of powers. It is from these principles that the judicial authority to consider petitions for habeas corpus relief derives….

The laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law. The Framers decided that habeas corpus, a right of first importance, must be a part of that framework, a part of that law….

Congress has enacted a statute, the Detainee Treatment Act of 2005 (DTA), 119 Stat. 2739, that provides certain procedures for review of the detainees’ status. We hold that those procedures are not an adequate and effective substitute for habeas corpus. Therefore §7 of the Military Commissions Act of 2006 (MCA), 28 U. S. C. A. §2241(e) (Supp. 2007), operates as an unconstitutional suspension of the writ. (Thanks to Phil at Daily Kos for the quotes)

Good news for a change.  In 5-4 decision the U.S. Supreme Court has ruled that internees at Guantanamo are entitled to have their cases heard by a U.S. Federal Court.

So much for an October execution of KSM to improve Republican prospects in the election (or just make its theft more credible).

This AP Story is just a stub (update: now enough details to quote)-

Supreme Court backs rights for Guantanamo detainees

Associated Press

4 Minutes ago

WASHINGTON – The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

The justices handed the Bush administration its third setback at the high court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at the U.S. naval base in Cuba. The vote was 5-4, with the court’s liberal justices in the majority.

Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

Last Friday, the Fourth Circuit Court of Appeals, long considered one of the most conservative courts in the the nation, rejected the appeal of Ahmed Omar Abu Ali, who was sentenced in 2005 for conspiracy to assassinate President Bush and make other terror attacks upon U.S. targets on behalf of Al Qaeda. Abu Ali, who is a U.S. citizen and the son of naturalized Jordanian parents, was arrested in June 2003 in Saudi Arabia and held there until the U.S. requested his extradition almost two years later. He was 23 years old and attending a Saudi university at the time of his arrest.

During his incarceration, the Saudis refused his repeated requests to see an attorney. At no time has Abu Ali ever been linked to an actual terrorist event or action. In 2003, the government secretly broke into his parents’ home, utilizing provisions of the U.S.A. Patriot Act that allows warrantless search and seizure to go fishing for evidence of Abu Ali’s “dangerousness.”

cross posted from The Dream Antilles

Today the US Government tried unsuccessfully to move the Gitmo death penalty show trial of five “enemy combatants” toward a “trial” by arraigning the accused. Unfortunately for the US, today’s proceedings were a complete and utter joke show.  And a complete embarrassment.  And they were the previews of the upcoming Gitmo Joke Show “trial”

Reuters reports:

The accused al Qaeda mastermind of the September 11 attacks stood in a U.S. military court on Thursday, sang a chant of praise to Allah and said he would welcome the death penalty.

“This is what I wish, to be martyred,” Pakistani captive Khalid Sheikh Mohammed, the highest-ranking al Qaeda operative in U.S. custody, told the Guantanamo war crimes court.

/snip

As the judge questioned him about whether he was satisfied with the U.S. military lawyer appointed to defend him, Mohammed stood and began to sing in Arabic, cheerfully pausing to translate his own words into English.

“My shield is Allah most high,” he said, adding that his religion forbade him from accepting a lawyer from the United States and that he wanted to act as his own attorney.

Isn’t that just a super beginning to the arraignment before a death penalty “trial”?  A “trial” that is supposed to lead to convictions and not acquittals?  A “trial” that is supposed to result in five executions?  But that’s not all.  Not by a long shot.

[Mohammed] criticized the United States for fighting in Afghanistan and Iraq, waging what he called “a crusader war,” and enacting “evil laws” including those authorizing same-sex marriages.  /snip

The judge, Marine Col. Ralph Kohlmann, tried to persuade the men to accept their military lawyers, but all refused.

Aziz Ali said he had barely been allowed to meet with his lawyer anyway and described him as “a signboard” hung up so the government could say, ‘Hey, we give these people lawyers.”‘

“All this is just a stage play,” he said.

(h/t to GreyHawk for pointing to this story. GH’s post at epluribus media.)

Yes, the FBI kept a “War Crimes” file about GTMO. So reports the NY Times in  Report Details Dissent on Guantánamo Tactics:

WASHINGTON – In 2002, as evidence of prisoner mistreatment at Guantánamo Bay began to mount, Federal Bureau of Investigation agents at the base created a “war crimes file” to document accusations against American military personnel, but were eventually ordered to close down the file, a Justice Department report revealed Tuesday.

Ordered closed down by whom exactly?

Cross-posted at dkos.

Special intro for docudharma version

This diary is written for the dKos audience in hopes of achieving a wide readership.  I had not intended to post it here, as it began as a fairly straightforward plagiarization of tahoebasha3’s diary, Overlooked by Media, Important Torture Testimony.  I was frustrated that the issue had not received more attention, so I wanted to point it out again on dKos.  In the process, the diary expanded to the point that I really want to post it here.  And I do so confident in the knowledge that what all of us care about is stopping our government from torturing.  Yet I don’t want to pull energy away from the great diary which inspired me to stay up most of the night creating this.  If this post pulls attention away from where it is deserved, or if it is in any way offensive to do this, please let me know so I can delete it.  Please save your comments pertinent to the original essay for that essay and only comment here with respect to what has been added.

dKos diary starts here  

I have come to rely on dailyKos for almost all of my news.  In fact, I’m downright smug about it.  When someone offers up an item from the news, I usually say something along the lines of “I know.  What really happened is . . .”  When someone dismisses something I’ve read here as propaganda or wild speculation, I just sigh at their ignorance.  I have learned that if I read something here which has gone unchallenged or uncorrected, then it is virtually always accurate.  And I usually learn it somewhere between a day and six months before any non-Kossack.  But yesterday the great orange glow was dimmer than it should have been.

Fortunately, I have recently begun spending more time at docudharma.  It was there that I learned of important developments which I had not seen reported here.  As a result of encouragement there, tahoebasha’s diary was cross-posted here on dailyKos, garnering little attention.  In searching for it here, I discovered another important diary on the same issue.  This is my attempt to support those diarists, and decent people everywhere, in calling for attention to these matters. Please read on.

Cross-posted at docudharma.