Senate Defeats Amendment to Defense Authorization Bill Restricting Transfer of GTMO Detainees

Yesterday the Senate narrowly defeated an amendment to the Defense Authorization Bill that would have restricted the transfer of Guantanamo Bay Detention Center detainees by a 43-55 vote. The amendment, from Republicans Saxby Chambliss (R-Ga.) and Kelly Ayotte (R-N.H.) would have made it nearly impossible to transfer detainees from the facility to the U.S. or other foreign countries, making it certain that the detention center (originally intended to be temporary) will not be closing in the near future, despite President Obama’s repeated promises to the contrary.

Only time will tell whether the House adds an identical (or potentially worse) amendment when they get the opportunity to address the Defense Authorization Bill, but for now, the amendment essentially blocking the shutdown of GTMO has been defeated.

Secret Periodic Review Board Hearings Limit Transparency at Guantanamo Bay Detention Center

This week, the Pentagon began notifying would-be observers of the first Guantanamo Periodic Review Board hearing, scheduled for November 20th, that the hearing (and all subsequent hearings) will be held in secret. The announcement highlights the challenges government officials face as they try to balance their commitment to transparency with the perceived national security risks associated with public hearings. Given the amount of classified information addressed in these hearings, it is impossible for the government to ever achieve true transparency throughout this process, leaving the public to question whether our country’s purported commitment to justice is being upheld at Guantanamo. Continue reading

Re-visiting Mefloquine Use at Guantanamo: A Guest Post by Dr. Remington Nevin

Dr. Remington Nevin is a consulting physician epidemiologist board certified in Public Health and General Preventive Medicine by the American Board of Preventive Medicine. Dr. Nevin specializes in the evaluation and diagnosis of adverse reactions to antimalarial medications, particularly the neurotoxic quinoline derivative mefloquine. A long-time advisor to the Center for Policy & Research, he advised us on our report exploring the government’s use of mefloquine at Guantanamo, Drug Abuse: An Exploration of the Government’s Use of Mefloquine at Guantanamo. Continue reading

Dispatch from Guantanamo Bay: US v. Mohammed

“It’s a Mixture of Kafka, Machiavelli, Catch 22, and George Orwell’s 1984.  It just depends on the day” – Major Jason Wright Defense Counsel for K.S.M.

            Last week, I had the opportunity to travel to Guantanamo from October 22nd through 25th to observe the Military Commission proceedings for United States v. Khalid Sheikh Mohammed et. al. Perhaps the most appropriate word to describe my observations is frustration.  Regularly during the week, the observable liberties afforded to each of the accused, including prayer time in the courtroom, freedom of attire, and remaining unshackled were only contradicted by the accusations of intentional sleep deprivation, confiscated attorney-client privileged material, and force-feeding. Furthermore, the interpretation of the Military Commissions’ rules and their applications were consistently debated, particularly with regards to how they should be implemented when other laws, such as international laws, hold inconsistent stances. Continue reading

Al-Liby Pleads Not Guilty in NY Federal Court

Abu Anas al-Liby, the Libyan man and suspected al-Qaeda leader accused of aiding the 1998 U.S. embassy bombings in East Africa, appeared in a New York federal court for the first time yesterday.  Al-Liby pleaded not guilty to charges linking him to the bombings, as well as charges that allege that he plotted with Osama bin Laden to attack American troops across the Middle East.  Reports from inside the court stated that al-Liby appeared weak and in poor health, most likely due to his decision to stop eating while aboard a U.S. ship as well as an ongoing bout with hepatitis.  Al-Liby was captured earlier this month after he was found by American special forces in Tripoli. Continue reading

Lawyers for Obese Guantanamo Detainee Advocate for Medical Release

Lawyers for Guantanamo detainee Tarek El-Sawah, an admitted al-Qaeda explosives trainer held at the facility for over 11 years, are arguing that he should be released because of his serious obesity-related ailments. While at Guantanamo, the 55 year-old El-Sawah nearly doubled his weight, at one point reaching 420 pounds. His lawyers argue that he could die at any time; he is diabetic, has trouble breathing and walking, and has difficulty staying alert during meetings. They maintain that he faces the very real possibility of not making it out of Guantanamo alive. Continue reading

Pentagon Appoints Guantanamo “Closer”

Earlier this week, the Pentagon announced that it has appointed a special envoy in a renewed effort to close the Guantanamo Bay Detention Center.  Paul M. Lewis, a former Judge Advocate General in the Marine Corps and current Democratic lawyer for the House Armed Services Committee, will take over the position on November 1.  He will be working alongside fellow Capitol Hill attorney Clifford Sloan, who was appointed in June as the State Department’s envoy for Guantanamo. Continue reading

Trial of Five Guantanamo Prisoners Charged in September 11th Attacks Will Move Forward

Judge Pohl, Chief Presiding Officer for the Guantanamo Military Commissions, ruled yesterday that pretrial hearings will move forward for the five Guantanamo prisoners charged in the September 11th attacks.  In doing so, he denied a request by the detainees’ lawyers to pause the case until the Pentagon resolves concerns about the security of their computer system. Continue reading

A Week at Guantanamo Bay

In August of 2013 I had the opportunity to travel to Guantanamo Bay to represent Seton Hall Law’s Center for Policy and Research as an NGO observer at the 9/11 trials.  In particular, I was able to watch one of many pretrial hearings in the case of the United States v. Mohammed, in which Khalid Sheikh Mohammed (KSM), Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali (AKA al-Baluchi), and Mustafa Ahmed Adam al Hawsawi are named as defendants.  The five detainees are accused of plotting the 9/11 attacks that lead to the deaths of nearly 3,000 people in New York, Virginia, and Pennsylvania.

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Lietzau Condemns Guantanamo & Detainee Status

A few days ago, a story came out in which William Lietzau, the Pentagon’s Deputy Assistant Defense Secretary for Detainee Affairs and point-man on Guantanamo Bay, admitted that he would argue against building Guantanamo.  This came following Lietzau’s announcement that he would be leaving his post to continue his career in the private sector.  He also gave President Obama a pointer on how to close Guantanamo; announce that the so-called war against al-Qaeda has come to an end.  Lietzau, who was key in getting Guantanamo built in the first place, was quoted as saying, “[a]rguably, if the war aim of diminishing Al Qaeda’s ability to mount a certain level of attack has been achieved, we could declare an end to hostilities and return to dealing with the threat as a law enforcement matter.” Continue reading