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/

 

 

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.

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

DOD to Examine Nuclear Forces

Several weeks ago, Secretary Chuck Hagel called for reviews of the U.S.’s nuclear forces and in doing so, emphasized the need for a closer examination of the structure and conduct of its personnel. These reviews have been ordered in response to a number of recent scandals associated with nuclear armed forces in recent months, including a cheating scandal on the Air Force’s monthly nuclear proficiency exam, as well as Major Gen. Michael Carey’s dismissal from his supervisory role over intercontinental ballistics missiles after gross misconduct and binge drinking while on an official trip to Moscow. Continue reading

Al Nashiri Before a Military Commission at Gitmo

This guest post was written by Charles R. Church, and is drawn from his copyrighted e-book titled My Week at Guantanamo’s War Court, which is available on amazon.com.

 

My excitement ran high when Mark Denbeaux phoned to tell me I would be heading to the Guantanamo Naval Base for a week, for I had been studying, writing and talking about both its detention facility and its military commissions for years. Now I would be attending, as a journalist and observer, pretrial proceedings in the military tribunal capital prosecution of abd al Rahim Hussayn Muhammad Al Nashiri, the Saudi claimed to have presided over bin Laden’s “boats operation,” for which he had planned three attacks on foreign ships, including the devastatingly lethal one in 2000 on the USS Cole, the destroyer fueling in Aden Harbor in Yemen. 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

Watchdog Report Says NSA Program is Illegal and Should End

In an article released just this morning, The New York Times reports that a government watchdog group has released a review of the NSA surveillance program, stating:

“An independent federal privacy watchdog has concluded that the National Security Agency’s program to collect bulk phone call records has provided only “minimal” benefits in counterterrorism efforts, is illegal and should be shut down. Continue reading