SJC to Hold Hearing on Guantanamo

At 2:00PM today, the Senate Judiciary Committee will hold a hearing entitled “Closing Guantanamo: The National Security, Fiscal, and Human Rights implications.”  Speaking at the hearing will be several current and retired high-ranking members of the military, two members of the House of Representatives, and Elisa Massimino, the president of and CEO of Human Rights First.

In addition to pushing for closure of the Guantanamo Bay Detention Camp, the speakers are expected to outline a plan for transferring current detainees to other locations for continued detention, and also the release of 86 prisoners that have been cleared for release.  The ongoing hunger strikes are bound to come up as well.  There are currently 69 detainees participating in the hunger strikes, a significant drop the 106 participants earlier this month.  However, the numbers may rise again one Ramadan has ended and there are still 45 detainees being force-fed.

We’ll be covering this in detail over the next few days, but you can check it out via webcast here if you’re interested.

Chris Whitten, Research Fellow
Center for Policy and Research

Gov’t Appeals Stop of Guantanamo Gential Searches

Thursday, in response to the May 22nd emergency motion requesting an end to the newly instituted groin searches, Federal District Chief Judge Royce C. Lamberth ordered the government to stop genital searches of Guantanamo Bay detainees prior to meeting with their lawyers. In his strongly-worded 35 page opinion, Judge Lamberth ordered prison commanders to return to an earlier search method described in a 2009 Defense Department task force review, which limited guards to grasping the waistband of a detainee’s trousers and shaking their pants to dislodge any contraband. The current search method at Guantanamo, referred to as an exaggerated response to unpersuasive security concerns, involves the touching and holding of detainees’ genital and anal areas “flagrant[ly] disregard[ing] the need for a light touch on religious and cultural matters” and dissuades detainees from gaining access to their lawyers.  The order stated in part that:

“… the choice between submitting to a search procedure that is religiously and culturally abhorrent or forgoing counsel effectively presents no choice for devout Muslims like petitioners.”

While the government made justifications for the invasive searches at Guantanamo, i.e.the finding of homemade weapons and prohibited electronic devices in April, Judge Lamberth felt that the record failed to indicate “that the detainees have received any contraband from their attorney or that detainees have attempted to pass contraband to each other during phone calls or meetings with attorneys.”

Responding quickly to the order, the Justice Department filed an appeal late last night. The Justice Department has requested a hold to be placed on the stopping of genital searches, stating that Guantanamo detainees are able to gain access to weaponizable items which may result in suicide, harm to other detainees, or the guards becoming seriously injured. In addition to the appeal, the government submitted a sworn declaration from Marine General John Kelly, commander of United States Southern Command, who spoke strongly of the irreparable harm that would result with the discontinuance of genital searches at Guantanamo. The government claims that the newly implemented search methods have not deterred meetings nor have they impacted access to the prisoners. Furthermore, the government states Judge Lamberth’s order is barred by the Military Commissions Act, which “unequivocally bars conditions-of-confinement claims by Guantanamo detainees.”

“Because the full-frisk-search and visit-location policies with which Petitioners take issue both concern their conditions of confinement, the Court lacked jurisdiction to issue an order enjoining them.”

The appeal has resulted in great tension.  Guantanamo leadership is maintaining protocol, requiring their “standard” genital searches before and after visits with attorneys or phone calls, while lawyers have filed a motion asking Judge Lamberth to issue an order requiring the government to follow his ruling, arguing that the government is acting in contempt of court. In the upcoming weeks, it will be interesting to see whether the appeal moves forward, or if for the first time, a federal court can restrict a military commander from implementing certain security procedures at a detention facility.

Alexandra Kutner, Research Fellow
Center for Policy and Research

 

 

Force-Feeding Condemned by Top Congressmen

As the controversy surrounding force-feeding tactics at Guantanamo Bay continues, two top members of the U.S. Senate have spoken out in favor of ending the practice.  Senators Richard Durbin and Dianne Feinstein called on President Obama to stop force-feeding prisoners partaking in hunger strikes in protest of their status at Guantanamo.  This comes just days after a U.S. District Court Judge handed down a ruling stating that federal courts have no authority to shut down the force-feeding program, but agreeing with detainees and their attorneys that the practice is troubling and may violate human rights.  The decision put the burden solely on President Obama to address the situation, and it looks like he will be receiving pressure from Congress as well.

Senators Durbin and Feinstein did imply that there may be cases where force-feeding is medically necessary, but stated that the military does not observe proper guidelines and safeguards even in those cases.  This was not Senator Feinstein’s first attempt at convincing the government to stop force-feeding.  Last month she wrote a letter to Secretary of Defense Chuck Hagel after a visit to Guantanamo in which she called hunger strikes a “long-known form of non-violent protest aimed at bringing attention to a cause, rather than an attempt of suicide.”  This seems to imply that Feinstein’s views are in line with others who believe that force-feeding is inhumane in instances where protests do not threaten Guantanamo personnel and involve mentally competent detainees.

The White House turned to its usual response, stating that it does not want any detainees to die of malnutrition while in detention.  So it’s ok to hold them indefinitely with no hope of release even though we lack the necessary evidence to press charges, but it’s not ok for them to protest a largely unreasonable policy in a manner that poses no threat to the United States or its military personnel.  Got it.

The Senators also called on President Obama to make good on his long overdue promise to close Guantanamo Bay altogether, which was just another drop in the proverbial ocean of similar requests made since Obama took office.  As sad as it is, it’s almost laughable at this point to think that another request to close Guantanamo will make a difference with so many members of Congress still in favor of keeping it open.  But I guess it’s nice to know that there are still politicians out there who believe that it can be accomplished.

Do I think this latest effort to stop force-feeding and close Guantanamo will make any difference?  Not really.  Like I’ve said before, closing Guantanamo will be a long, painful process and there are still too many people who want to keep it open.  It’s not a groundbreaking prediction but I don’t think Guantanamo Bay will be closed any time in the near future.  I think our short-term goal needs to be putting an end to force-feeding.  If you believe Monday’s decision, we should be able to sidestep much of the political process and leave it up to President Obama if we focus on that.  That doesn’t mean we should abandon efforts to close the base, but we need to focus on the immediate problems that we can fix right now.

In a related story, two hunger-strikers dropped out of the over 4 month-long protest for unspecified reasons, bringing the total number down to 104.  However, 45 are still being force-fed on a daily basis.

Chris Whitten, Research Fellow
Center for Policy and Research

Judge Claims No Jurisdiction Over Force-Feeding at Guantanamo

Yesterday, multiple news outlets reported that despite efforts by defense attorneys for Guantanamo Bay detainees, federal courts do not have the power to stop Guantanamo personnel from force-feeding the detainees.  U.S. District Court Judge Gladys Kessler handed down a quick decision stating that federal courts simply do not have the jurisdiction or authority to order the military to stop using force-feeding tactics in response to hunger strikes implemented by detainees to protest their detention status at Gitmo.

The decision was handed down quickly in part because the court and attorneys on both sides wanted an answer before the beginning of Ramadan, the traditional Muslim holy month that requires Muslims to fast during daylight hours.  One of the main concerns was that force-feeding detainees during fasting hours would violate this core tenant of the Islamic religion.  As I noted when I first wrote about this lawsuit, in the past the military has agreed not to force-feed detainees during these hours so that detainees could observe their holy month.  In fact, in the response to the suit filed by the pentagon, the government stated that barring any emergency situations, they would agree to only force-feed detainees after sunset.  So even though we’re going to keep shoving tubes into detainees’ (that we have already admitted are not being charged with crimes) orifices while they are strapped down to chairs, we’re at least going to let them maintain the last shred of religious dignity they might have left.  Take from that what you will.

The basis for the lawsuit was not just religious.  Detainees and human rights advocates have long claimed that force-feeding is akin to torture, especially when implemented on detainees who are of sound mind and have made conscious decisions to partake in the hunger strikes.  The legal brief submitted by defense attorneys called the process “dishonorable” and “degrading.”

Although Judge Kessler admitted that the courts could not rule on the issue, she made her personal opinion known in her decision by echoing many of the above concerns, calling the force-feeding process “painful” and “degrading.”  She not-so-subtly called on the Obama administration to take action where the courts could not and shut down force-feeding itself.  Judge Kessler singled out President Obama for a speech given back on May 23rd, which some of you may recall:

“Look at the current situation, where we are force-feeding detainees who are holding a hunger strike.  Is that who we are?  Is that something that our founders foresaw?  Is that the America we want to leave to our children?  Our sense of justice is stronger than that.”

This coming from the same president that promised to close down Guantanamo Bay when he was first elected, and yet here we are.  I understand that it’s not that simple and that there’s a lot of politics behind the decision to keep it open.  There are a lot of politicians (and members of the public) who want to keep Guantanamo open and it’s not exactly President Obama’s unilateral decision to make.  But his administration has a chance to make a statement here and restore some level of civility to a system that’s drawn an awful lot of criticism for alleged human rights violations in recent years.  Shutting down force-feeding isn’t going to erase those incidents, but it could go a long way toward easing the tension surrounding Guantanamo Bay, at least in the short-term.  Most importantly, it would show the world that we DO respect human rights.  And as of late the world has plenty of reasons to question whether we actually do.

Sidenote – My blogging compatriots have gone into detail on what exactly the force-feeding process entails, and you can read about it here.  Seeing it in print is disturbing enough, but if you still want a better picture of the process, you’re in luck.  Over the weekend, Yasiin Bey, better known as hip-hop artist Mos Def, took the plunge and agreed to undergo the force-feeding procedure in London.  I don’t recommend clicking that link if you’re squeamish.  Keep in mind that there are 106 prisoners partaking in the hunger strikes at the moment, and 45 of them undergo this 2-hour process twice a day.

Chris Whitten, Research Fellow
Center for Policy and Research

Drone strike kills 16 militants in Pakistan–for the last time?

Late on Tuesday, July 2, a massive drone strike in northwestern Pakistan killed 16 militants reported by local officials to be associated with the Haqqani network. This was the first drone strike in Pakistan since June 7th, and only the second since the election of Pakistan’s new Prime Minister, Nawaz Sharif.

The Pakistani Ministry of Foreign Affairs condemned the attack:

“These strikes are a violation of Pakistan’s sovereignty and territorial integrity. Pakistan has repeatedly emphasized the importance of bringing an immediate end to drone strikes.”

Pakistan’s civilian government has long protested these strikes as a violation of their sovereignty, even while their military coordinates with the US to a clear airspace for the drones. Few in Pakistan vocally support the drone strikes, despite the fact that some officials will quietly admit that they have been an effective means of dealing with their chronic militant problem. Despite this quiet acknowledgement, the Ministry of Foreign Affairs’ statement asserted that:

“The government of Pakistan has consistently maintained that drone strikes are counterproductive, entail loss of innocent civilian lives and have human rights and humanitarian implications. These drone strikes have a negative impact on the mutual desire of both countries to forge a cordial and cooperative relationship and to ensure peace and stability in the region.”

The last part is definitely true, and will be increasingly true in the future. In fact, at least one analyst believes that the strike will be taken as a personal affront to newly-elected Prime Minister Sharif, since it was conducted while he was out of country on a state visit to China, and may in fact be one of the last drone strikes in Pakistan.

This is not entirely far-fetched, given the rather remarkable decline in drone strikes in Pakistan over the course of the past few years, as I have written about previously, despite initial fears on the left that Obama was going to drastically increase the use of drone strikes. Although, according to data from the New America Foundation, he did initially increase the use of drones to attack militants in Pakistan, quadrupling the number of strikes over his first two years (and incidentally, halving the number of civilian casualties over the same period).

However, there is reason to disbelieve that this declining rate of strikes signals the end of the program. Probably the best indicator is that the drop in the number of drone strikes does not appear to be correlated to any decrease in the number of leaders these strikes have taken out of the fight. This may just indicate that the strikes are more selective, and that we are getting better at locating and targeting the leadership.

Selectivity of US drone strikes in Pakistan, as measured by the number of leaders killed per strike.

Selectivity of US drone strikes in Pakistan, as measured by the number of leaders killed per strike.

Interestingly, it is not necessarily our own enemies that we have been targeting. It is relatively well-known that the first drone strike in Pakistan, which killed Taliban leader Nek Mohammad, was selected at the specific request of the Pakistani military, in order to rid them of an enemy of the Pakistani state. And while the Afghan Taliban have received aid and shelter from Pakistan, their sister organization, Tehrik-i-Taliban Pakistan (TTP), has targeted Pakistani government forces and installations with brutal efficiency. They have even captured territory startling close to Pakistan’s capitol, Islamabad. Pakistan seems unable or unwilling to crush this movement. The US has been working on it for them, however. Of the five Taliban leaders killed in US drone strikes in 2013, four have been leaders of TTP. Simultaneously, the number of Afghan Taliban leaders killed in drone strikes has been on the decline.

Number of leaders killed in US drone strikes in Pakistan per year.

Number of leaders killed in US drone strikes in Pakistan per year.

With all of the back-room dealing that has occurred between various parts of the Pakistani and US governments, is entirely possible that a deal has been struck with the Pakistani military that will allow the US to continue to use drones to target its own enemy, so long as it also takes out Pakistan’s, as well.

There is also reason to believe that the US will continue to use drones in Pakistan with or without its consent. The continuing instability in rural Pakistan and the inability of the Pakistani government to reduce the violence emanating from the region, which is much more substantial than that caused by drones, as well as its inability or unwillingness to limit the export of terrorism and insurgency from its territory cannot simply be ignored. It is not a bumblebee that will go away if left to its own devices. And until some alternate method of limiting the Taliban’s and Al Qaeda’s ability to use Pakistan’s territory to train and equip  their operatives and send them out against America and its allies, the US government will have little choice but to employ drones, even if in a more limited and selective fashion.

Paul W. Taylor, Senior Fellow
Center for Policy & Research

Detainees Turn to Courts to Stop Force-Feeding

Despite prior rulings that federal courts have no jurisdiction over the treatment of detainees at Guantanamo Bay, attorneys for detainees at the detention center have now turned to the court system for help in putting a stop to force-feeding at the GTMO Detention Camp.  Over the weekend, defense attorneys filed a motion with a federal district court in Washington DC requesting an immediate hearing on the legality of tactics used by military personnel at Guantanamo to keep hunger-striking prisoners alive.  In the 30-page motion, defense attorney Jon B. Eisenberg stated, “There cannot be a legitimate penological interest in force-feeding petitioners (detainees) to prolong their indefinite detention.”

The military continues to defend the use of force-feeding as a necessary step to maintain order at Guantanamo, but the defense attorneys and detainees argue that it is a direct violation of human rights.  Detainee Nabil Hadjarab claims that he is taking part in the hunger strikes to protest his detention despite the fact that no formal charges have been lodged against him.  Hadjarab stated, “I am doing this because I want to know my destiny.  I cannot abide not knowing anymore.”  Force-feeding at Guantanamo has been criticized for months now but this is one of the first instances where the detainee’s defense counsel has turned to the courts for relief.

The motion specifically names four detainees, and there might be a reason for its timing.  The Islamic holy month of Ramadan starts next week, and any force-feeding that might occur during daytime hours could violate detainees’ religious beliefs.  Even if the motion is not presented to the court by next week, the detainees are seeking a temporary order that would prohibit guards from force-feeding them from sunup to sundown.  This would probably be granted as guards at Guantanamo have agreed in the past to only force-feed detainees after sundown in observance with Ramadan.

Even so, guards at Guantanamo are unlikely to change their ways without a specific court order.  Army Colonel Greg Julian stated, “Until we are told to do differently the practice will not change.”  I can understand that guards at Guantanamo are simply following orders.  They aren’t exactly in the best position.  They don’t get to make the call on whether or not the detainees are charged or released.  As for the overarching policy, I agree that it isn’t a good look to have detainees dying from malnutrition at Guantanamo.  But it isn’t much better to shove tubes into detainees’ stomachs in response to a protest that has a perfectly legitimate aim.

We aren’t talking about detainees with high intelligence value or detainees that have been charged with crimes.  I can see a better argument for force-feeding detainees in that category, even if it might still be a human rights violation.  We could at least justify it since keeping them alive might save more lives if they have information on any impending attacks.  Instead, we’re talking about men who have been told by the government that there are no charges against them due to lack of evidence, but they are still not allowed to leave Guantanamo Bay.  These are men who have made a conscious decision to protest a policy that many Americans don’t even like.  And if the courts put a stop to force-feeding it might force the government’s hand into making a decision as to their fate.

Either way, this has turned into an issue that the courts will now have to address.  And with the total number of hunger-strikers at 106 and the number of detainees being force-fed at 45, it will be interesting to see how this plays out in the next week or so.

Chris Whitten
Center for Policy and Research

Senate Armed Services Committee Approves Guantanamo Transfer Bill

It now appears that the government is taking steps toward lightening the burden on Guantanamo Bay, and perhaps even closing it.  Yesterday, The New York Times reported that the Senate Armed Services Committee approved the National Defense Authorization Act for 2014.  The bill will lift a ban on the transfer of detainees to the United States for the purpose of prosecution.  The bill also pertains to transferring detainees for medical reasons, or even for continued detention in American prisons.

Since 2011, the U.S. Secretary of Defense has been required to certify that a list of conditions have been met before a detainee could be transferred.  Most of the conditions were extra security measures that essentially stopped the government from even attempting transfers, even for low-security risk detainees.  Under the new bill, the checklist would be done away with and the Secretary of Defense would only need to certify that the transfer would be in the best interest of national security.  This would be a much more flexible process that would probably lead to more transfers and possibly more trials for detainees.

Although the bill has been approved, it still has a long way to go before it becomes a law.  No actual vote has been held; members of the Committee have only agreed to debate the bill’s provisions on the Senate floor.  A rival bill has also been drafted by Republicans in the House of Representatives that would maintain the blanketed ban on transfers for any reason whatsoever.

So what are the benefits of the bill?  First of all, it might speed up the process for detainees who are actually being charged with crimes.  Military tribunals are notoriously slow, and we often have to wait years before we see a verdict in these trials.  If we opened up our traditional court system, we might see quicker results.  That’s not to say that our traditional system is lightning quick, but if we remove some of the barriers that prosecutors and defense attorneys face in military tribunals we would probably see a lot more efficiency.

Aside from that, the cost of providing medical treatment to detainees at Guantanamo can be astronomical.  Medical expenses are high as it is, but when you factor in transportation costs for medical personnel and equipment, they become ridiculous.  We would not only be able to cut our bottom line if we were able to provide quicker, better, and cheaper medical attention for detainees, but we would probably be able to quiet some of the human rights concerns that have stemmed from force-feeding detainees that have been on hunger strikes for months now.

Overall, there are a lot of positives to be found in the bill.  President Obama’s initial promise to close Guantanamo a year into his presidency has turned into a lengthy debacle and it doesn’t look like the government will be able to close it in one fell swoop.  If we make the decision to close it, it’s going to be a long process.  And even if this bill were voted into law it’s probably unlikely that high-value detainees would be transferred due to security issues.    So is this bill just a small step towards the slow phasing-out of Guantanamo Bay?  Yes.  But it’s a step nonetheless, and a step we can build on.

Chris Whitten, Research Fellow
Center for Policy and Research

Snowden Makes Request for Asylum in Ecuador

Just weeks after leaking the story that the NSA has been collecting phone records and the internet activity of American citizens, it appears that Edward Snowden will not be seeking permanent asylum in China.  Yesterday, multiple news agencies reported that Snowden was on his way to Moscow, where he will apparently wait for Ecuador to grant him asylum.  Earlier reports stated that he might be fleeing to Cuba, but it looks like he never boarded the flight that was supposed to take him there.

That’s right, the man who went on the record saying that he was concerned with the direction our government was headed in regard to freedom of speech and privacy has turned to China and Russia for protection.  I guess he didn’t hear about the Chinese government upping its own surveillance program in Tibet, or that Russian President Vladimir Putin had an entire band thrown in prison for voicing their opinions on Putin’s Russia, or any number of human rights violations both countries have been accused of committing in the recent past.  And he was probably too busy to notice that Ecuador has followed in Venezuela’s footsteps as far as its policy towards America.

Snowden probably fled China because of an extradition treaty we have with them, figuring that sooner or later he would be turned over to the American government and forced to answer for his actions.  It was probably a smart move in this regard since we don’t have an extradition treaty with Russia.  On top of that, our well-documented, strained relations with Putin’s administration make it even less likely that the Russians would ship him back to the U.S.  So why would he go to Ecuador?  Why not stay in Russia?  After all, the United States accounts for roughly 45% of Ecuador’s trade and they could experience a sharp economic decline if the U.S. decided to retaliate against them for harboring Snowden.

It might have something to do with the fact that the American government has already made a serious push toward convincing Russia to turn him over.  The media reported yesterday that the government had filed to revoke Snowden’s passport, which would presumably strand him in Russia for the immediate future.  And like I said before, Ecuador tends to take Venezuela’s stance on foreign relations with the U.S.  Ecuadorian President Rafael Correa is known for making strong statements against America, holding frequent rallies against U.S. “imperialism.”  So even if President Obama were to threaten economic sanctions, it doesn’t seem likely that Correa would cave.

It’s also worth noting that Snowden has reportedly received assistance from Julian Assange of WikiLeaks fame.  Assange calls Snowden “a hero” and claims that he is healthy and safe in an undisclosed location.  Assange himself has been holed up in the Ecuadorian embassy in London, another valid reason for Snowden to seek asylum in that country.  For one, he knows he has at least one ally with ties to the Ecuadorian government.  Second, the Ecuadorian government has harbored Assange for nearly a year, protecting him from charges similar to those Snowden would face in the U.S.  The precedent set by the Ecuadorian government has to be reassuring for Snowden.

Knowing this, it seems impossible not to question Snowden’s motives at this point.  That’s not to say that he was wrong for bringing this to light.  This story is definitely concerning and it’s provoked quite a range of responses from the public, and I could argue for both sides all day.  Regardless, it seems hypocritical for a self-proclaimed champion of free speech that claims to want to protect the rights of American citizens to turn to two countries known for censorship and a country that regularly voices anti-American sentiments.  I’m sure he has his reasons; we just don’t know what they are yet.  There’s still speculation that he has deals with foreign governments to sell information about our national security.  This seems plausible since he obviously has access to massive amounts of damning reports and other documents.  It could also be as simple as Snowden not wanting to spend the rest of his life behind bars, or worse.  He reportedly pleaded with the Ecuadorian government that he wouldn’t get a fair trial in the U.S.  Either way, it looks like the government’s chances at having a crack at him in a court of law are shrinking at a rapid pace.  Luckily, Snowden hasn’t shied away from the spotlight since he made international headlines.  We might have more answers soon, but for now we’re still playing the waiting game.

Chris Whitten, Research Fellow
Center for Policy and Research

Trials for Alleged 9/11 Plotters Resume at Guantanamo Bay

Lost in the shuffle during a week where the NSA scandal has dominated headlines is more news coming out of Guantanamo Bay.  On Monday, the government released the identity of Guantanamo’s “indefinite detainees,” or those who the government has deemed too dangerous for release regardless of whether they can be tried in a military court.  The government has already announced that a number of these detainees will be held indefinitely even though they cannot be tried due to lack of evidence. The names have been kept secret since 2009 when multiple agencies investigated files on detainees in order to support President Obama’s initial effort to close the Guantanamo Bay Detention Center.  Normally these detainees could not be constitutionally held without the possibility of trial, but in 2001 Congress authorized the practice with the “Authorization of Military Force” bill.

Human rights groups including Human Rights Watch and Amnesty international have condemned the idea of “indefinite detainees,” calling for the release of all prisoners that the government has no intention of trying in a court of law.  Some men on the “indefinite detainees” list are actively involved in the well-documented hunger strikes.  At least two, both Afghani men, are deceased, with one committing suicide and the other dying of natural causes in Camp 6.  While the practice of holding detainees without the possibility of trial may be controversial, the release of their identities is a small step towards the transparency and legitimacy that human rights groups have been calling for in recent years.

In other Guantanamo-related news, pre-trial hearings for five men accused of plotting the September 11th attacks resumed on Monday, four months after CIA listening devices were discovered in conference rooms used by the detainees’ attorneys.  Included in this group is Khalid Sheik Mohammed, the alleged mastermind of the attacks.  The hearings included statements from defense attorneys claiming that CIA personnel tortured the detainees while they were being held in overseas prisons prior to their transfer to Guantanamo Bay.  They have also filed motions to dismiss the case due to meddling by senior military officials.

Also present in the courtroom were two victims and family members of three other victims that perished in the attacks.  The observers met with prosecutors and defense attorneys earlier in the week and pleaded for a quick and efficient trial.  At least one victim, a firefighter who was injured by falling rubble in the aftermath of the attacks, is expected to testify on behalf of the prosecution.  As one could imagine, the trials will probably not be very speedy.  Detainee trials at Guantanamo have been ridiculed for many reasons, one of the biggest being that they are inefficient and often take years to complete.  These particular observers have been waiting on an outcome for some twelve years.  Although the trials are resuming, we may have to wait a lot longer to see a resolution.

Chris Whitten, Research Fellow
Center for Policy and Research