A New Secrecy Issue at GTMO

A new secrecy issue has arisen during the Military Commission hearings in Guantanamo.

Judge Pohl, presiding over the Military Commission prosecution of Al Nashiri, alleged to be the Mastermind behind the Cole bombing in 2000, had ordered that the details of his treatment while in CIA custody be shared with the defense. The order required that the information be available to the defense under the same requirements as the other classified evidence already provided to them.
The prosecution has recently argued that Judge Pohl’s order should be set aside and the details of the treatment of Al Nasir remain secret from the al-Nashiri defense team. The prosecution’s basis for setting the order aside was because the Senate Intelligence Committee summary might reveal some of those same information and perhaps obviating the need for the disclosures to the defense or at least permit a new review by Judge Pohl after the Senate Intelligence Committee response plays its way out.
Currently there is no announced determination of when the Senate Summary will be released. It is currently undergoing a classification review by the Department of Justice. At present there is no date for the report to be released or any knowledge of the extent if any that the report may contain the information that the defense has sought and has previously been granted by Judge Pohl.
Al Nashiri is scheduled to be the first Military Commission trial of any of the detainees brought to Guantanamo after the CIA Dark sites were closed. The trial is currently scheduled to begin in January.
The prosecution is seeking the death penalty and the defense intends to have the jury consider the extent to which the government treated its client before he arrived in Guantanamo. That treatment, according to the New York Times report by Charles Savage that “the C.I. A. inspector general called his the ‘most significant’ case of a detainee who was brutalized in ways that went beyond the tactics approved by the Bush administration, including being threatened with a power drill.” An expert on treatment of torture called by the defense has already stated that Al-Nashiri had been subjected to physical, psychological and sexual torture The defense considers the manner in which he was tortured during his detention in the CIA dark sites to be relevant to whether or not the death penalty should be impose.presiding over the Military Commission prosecution of Al Nashiri, alleged to be the Mastermind behind the Cole bombing in 2000, had ordered that the details of his treatment while in CIA custody be shared with the defense. The order required that the information be available to the defense under the same requirements as the other classified evidence already provided to them.
The prosecution has recently argued that Judge Pohl’s order should be set aside and the details of the treatment of Al Nasir remain secret from the al-Nashiri defense team. The prosecution’s basis for setting the order aside was because the Senate Intelligence Committee summary might reveal some of those same information and perhaps obviating the need for the disclosures to the defense or at least permit a new review by Judge Pohl after the Senate Intelligence Committee response plays its way out.
Currently there is no announced determination of when the Senate Summary will be released. It is currently undergoing a classification review by the Department of Justice. At present there is no date for the report to be released or any knowledge of the extent if any that the report may contain the information that the defense has sought and has previously been granted by Judge Pohl.

The prosecution is seeking the death penalty and the defense intends to have the jury consider the extent to which the government treated its client before he arrived in Guantanamo. That treatment, according to the New York Times report by Charles Savage that “the C.I. A. inspector general called his the ‘most significant’ case of a detainee who was brutalized in ways that went beyond the tactics approved by the Bush administration, including being threatened with a power drill.” An expert on treatment of torture called by the defense has already stated that Al-Nashiri had been subjected to physical, psychological and sexual torture The defense considers the manner in which he was tortured during his detention in the CIA dark sites to be relevant to whether or not the death penalty should be imposed.

Professor Mark Denbeaux, Director
Center for Policy & Research
 

Mark Denbeaux Interviewed by “Harper’s” re: the Center’s Newest Report

As many of you already know, Transparent Policy is the blog of the Seton Hall Center for Policy and Research, a student research center under the direction of Professor Mark Denbeaux.

In the wake of the release of the Center’s newest report, “Uncovering the Cover Ups: Death in Camp Delta,” Professor Denbeaux was interviewed about the report and the research process that led to its publication by Scott Horton of Harper’s.

We encourage you to check out the interview here: http://harpers.org/blog/2014/06/uncovering-the-cover-ups-death-camp-in-delta/

 

 

Bergdahl Brought Home in Prisoner Exchange

Over the weekend, news broke that the United States government had made the decision to exchange five Guantanamo Bay prisoners for Army Sgt. Bowe Bergdahl roughly five years after his capture by Taliban forces in Afghanistan. While many have applauded the effort to bring home a captured member of the American armed forces, not everybody has been so quick to label this course of action “correct.” Continue reading

Freedom for Sgt. Bergdahl, At a Price

In an opinion piece published in today’s edition of The New York Times, the newspaper’s editorial board explored the foreign policy concerns raised by the Bergdahl prisoner swap, “starting with President Obama’s decision to ignore a law that required him to notify Congress in advance about the bargain that secured the soldier’s freedom, and about how trading five high-value Taliban prisoners from the detention camp in Guantánamo Bay, Cuba, could affect America’s antiterrorism policy.”

The article raises an interesting debate that the Transparent Policy team will continue to explore in upcoming posts; we encourage you to read the article in its entirety here.

Just how much should the United States be doing to “Bring Back Our Girls”?

For the past few weeks, anyone who has opened a newspaper, turned on a television, or logged on to a social media account has come across the recent “Bring Back Our Girls” campaign. Continue reading

Blinded Soldier, Widow Sue Former GTMO Prisoner

It was reported earlier this week by the Associated Press that an American soldier blinded in an Afghanistan blast and the widow of another soldier have filed suit against Omar Khadr, the Canadian man who signed a plea deal in 2010 admitting his role in several war crimes, Continue reading

CIA to End Undercover Vaccination Programs

Over a year after public health officials wrote to President Obama in anger that the United States had been using “sham vaccination campaign[s]” as a front for espionage, a White House official has pledged that the CIA will no longer use immunization programs as cover for spying operations. Continue reading

House Committee Earmarks $69 Million for New Secret Prison at Guantanamo

The House Armed Services Committee (“HASC”) released its spending bill, the National Defense Authorization Bill,  this past week, reserving a total of $93 million for new construction at Guantanamo Bay Detention Center, including $69 million for a new “high-value detainee complex.” Further, the bill would prohibit the transfer of Guantanamo detainees to the United States for further detention or trial. While the fate of the bill is still uncertain, as it ultimately needs to gain approval from Congress, its very existence indicates that, as many of us have speculated, Guantanamo will not be closing any time soon. Continue reading

Jury Selected for Terror Case

The trial of radical Islamic cleric Abu Hamza al-Masri, the latest alleged terrorist to be tried in the federal court system rather than via military commission, is rapidly moving forward in New York. Jury selection was completed this past Monday, when eight men and four women were selected to serve as the jury for the trial expected to last about five weeks. Continue reading

Abu Ghraib Closed by Iraqi Government

Earlier today, the Iraqi government announced that it has shut down the Abu Ghraib prison. According to Iraqi officials, the closure is due to growing concerns that Sunni insurgents in the area may have the capabilities to launch an attack against the prison, possibly freeing some of the roughly 2,400 prisoners. Those prisoners have now been moved to more secure locations in central and northern Iraq. It is unclear at this point whether Abu Ghraib will reopen if the Iraqi government is able to secure the area. Continue reading