Former Detainee Moazzam Begg Back Under Arrest

The Obama administration may be facing another setback in the quest to close Guantanamo Bay. On Tuesday, several news outlets reported that Moazzam Begg, a former Guantanamo detainee, has again been placed in custody for terrorism-related offenses linked to the crisis in Syria. Begg, a citizen of the UK, was initially arrested in Islamabad in 2002 and transferred to Guantanamo Bay before being released in 2005. He has maintained that he was involved in charity work and was not a member of any terrorist organization. Continue reading

Al Darbi Pleads Guilty

Alexandra Kutner is currently at Guantanamo Bay, Cuba on behalf of the Center for Policy and Research 

Ahmed Mohammed Ahmed Haza al Darbi spoke in both English and Arabic as he answered judge Air Force Col. Mark L. Allred’s questioning on Thursday. Clutching his prayer beads, al Darbi, a Saudi Arabian national, pled guilty to having joined with other members of al Qaeda in planning and preparing attacks against civilian oil tankers in Southwest Asian Waters. While al Darbi entered Court Room 1 knowing he was going to plead guilty to the charges, he listened attentively to each question and the detailing of every element of his charges. Despite being captured during the actual attack of the MV Limburg, al Darbi acknowledged today that he was complicit in the plot that lead to the explosion. Al Darbi will likely spend between 9 and 15 additional years in prison, possibly in his home country of Saudi Arabia.

There has been speculation that Al Darbi will testify against Nashiri, accused of plotting the 2000 attack on the USS Cole, in his upcoming trial, but this has been neither confirmed nor denied at this time.  Al Darbi is the sixth detainee to plead guilty at the military commissions and the first Saudi convicted of terror charges.

Alexandra Kutner, Research Fellow
Center for Policy and Research

Al Nashiri Keeps Kammen, Speaks of Frustrations

Alexandra Kutner is currently at Guantanamo Bay, Cuba to observe proceedings in the al Nashiri case on behalf of the Center for Policy and Research.

Alleged architect of the USS Cole bombing Abd al Rahim al Nashiri’s motion hearing went off without a hitch yesterday morning. Al Nashiri met with his learned counsel Rick Kammen after the court recessed on Monday, and the pair appear to have worked out whatever problems led to al Nashiri’s attempt to fire Kammen. Al Nashiri spoke unshackled to the court, apologizing for the delay. Continue reading

Al Nashiri Loses Faith in Counsel

Alexandra Kutner is currently at Guantanamo Bay, Cuba to observe proceedings in the al Nashiri case on behalf of the Center for Policy and Research.

Clean shaven Saudi detainee Abd al Rahim al Nashiri, accused of being the architect of the 2000 USS Cole bombing in Yemen, merely swiveled in his chair during his seven-minute stay in court. Al Nahsiri’s learned counsel, Rick Kammen, spoke on his behalf, explaining to the court that Nashiri had lost confidence in him and wanted him removed from the case. In hopes of preserving their relationship, Kammen requested two days to attempt to reconcile the relationship. Judge Pohl agreed to grant Kammen time to speak with al Nashiri and recessed until Wednesday. If the two cannot repair their relationship, al Nashiri is ultimately allowed to fire Kammen under current military commission rules. Continue reading

Targeted Killing of U.S. Citizens at Odds with the Constitution

In a recent post on the blog TomDispatch.com, Peter Van Buren published a piece condemning the United States’ drone policy, particularly in regards to the recent news that the U.S. is considering the targeted killing of a U.S. citizen abroad. In the piece, “Drone Killing the Fifth Amendment: How to Build a Post-Constitutional America One Death at a Time,” Van Buren explores the constitutionality of the U.S.’s drone policy, and argues that “They’ve thought about it [targeted killing]. They’ve set up the legal manipulations necessary to justify it.”

It is no great secret that both the legality and the morality of targeted killing has been a hot topic in recent months, Van Buren argues that the practice is at odds with the values our country is based on, as the targeted killing of a U.S. citizen denies him the due process guaranteed by the Fifth Amendment. Essentially, Van Buren’s point is that we are in a post-Constitutional America, and have strayed dramatically from the values of our Founding Fathers.

As someone who tends to agree with the loose constructionist interpretation of the Constitution, I side with Van Buren on this. Broadly, I believe that a document written over 200 years ago was never intended to be followed to the letter. Try as they might, our Founding Fathers had no way of predicting what our country would look like and the problems we would face in 2014. What Van Buren is saying, however, is that we have strayed too far from the values our country was built upon. While one would be hard-pressed to find the phrase “targeted killing” or “drone strikes” anywhere within the four corners of the Constitution, we still need to abide by the guiding principles outlined in the document. We are allegedly a country that values freedom, liberty, and due process. If we kill our own citizens in drone strikes, is that truly constitutional?

Kelly Ann Taddonio
Senior Research Fellow

February 18, 2014

 

DoD Announces Detainee’s Charges After Ten Years of Detention at Guantanamo

Last week, the Department of Defense announced the charges against detainee Ahmed Mohammed Ahmed Haza al Darbi, who will be charged by a military commission for aiding and abetting conduct that resulted in the suicide bombing of the civilian oil tanker M/V LIMBURG near al Mukallah, Yemen, on October 6, 2002. This is the first time that al Darbi, who has been held as a detainee at GTMO for nearly eleven years, has been charged since his arrival at the detention center. According to his charge sheet, al Darbi is accused of attacking civilians, attacking civilian objects, hazarding a vessel, terrorism, attempted hazarding a vessel, and attempted terrorism.

Be sure to follow TransparentPolicy for more info on al Darbi’s upcoming trial as it becomes available.

 

US Considering Drone Strike Against Citizen

Yesterday afternoon, the Associated Press reported that the US is currently tracking an American citizen and terrorist suspect in Pakistan. While officials have not confirmed the identity of the man, they described him as an “al Qaeda facilitator” who is currently plotting attacks against the United States. Now the Obama administration is struggling with the question of whether to use the controversial drone program to eliminate him. Continue reading

Guantanamo News: 9/11 Case Delayed

Yesterday, officials at Guantanamo Bay announced that United States v. Khalid Sheikh Mohammed, et al. a.k.a the 9/11 trials, will be delayed until at least April. The case has been at a standstill since December when the presiding judge, Army Col. James Pohl, decided to adjourn to determine the mental status of one of the detainees on trial. Continue reading

John Rizzo Speaks On Time With CIA

Last week, John Rizzo, the former acting General Counsel for the CIA, spoke at the Center on National Security at Fordham Law School about his new book, Company Man. Rizzo spent most of the time addressing the widespread perception that the 9/11 attacks occurred as a result of failures within the CIA and other intelligence agencies within the U.S. government. Continue reading