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
 

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

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

Senate Panel Votes to Reveal CIA Report

On Thursday, the Senate Intelligence Committee voted to declassify the executive summary and conclusions from its report on the CIA’s Detention and Interrogation Program. Senator Dianne Feinstein (D-CA), charwoman of the committee, released a written statement, stating that “[t]he report exposes a brutality that stands in stark contrast to our values as a nation…. This is not what Americans do.” Continue reading

Federal Courts v. Military Commissions: The Debate Isn’t Over

After last week’s conviction of Bin Laden’s son-in-law Sulaiman Abu Ghaith in Federal Court, Attorney General Eric Holder issued a statement praising the trial as a demonstration that Federal Court is the proper venue for high-profile terrorism cases. As I cited in a post earlier this week, Holder said of the trial:

“We never doubted the ability of our Article III court system to administer justice swiftly in this case, as it has in hundreds of other cases involving terrorism defendants. It would be a good thing for the country if this case has the result of putting that political debate to rest. This outcome vindicates the government’s approach to securing convictions against not only this particular defendant, but also other senior leaders of al Qaeda.” 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

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

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

Penny Lane: Are Guantanamo Detainees Really the “Worst of the Worst?”

In 2002, former Secretary of Defense Donald Rumsfeld stated that GTMO was populated by the “worst of the worst,” citing GTMO detainees as some of the most dangerous terrorists in the world. The Center for Policy and Research, however, published a report in March 2011, citing substantial evidence regarding the true recidivist rates of GTMO detainees pointing to the fact that these men were not nearly as dangerous as the U.S. originally claimed. Continue reading