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

Just how much should the United States be doing to “Bring Back Our Girls”?

For the past few weeks, anyone who has opened a newspaper, turned on a television, or logged on to a social media account has come across the recent “Bring Back Our Girls” campaign. 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

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

How do we define terrorism?

Last week’s shootings at Fort Hood have once again raised a seemingly simple question;

How do we define terrorism?

In the wake of the 2009 Fort Hood shootings, the Army and White House were hesitant to classify the tragedy as terrorism. Instead, the attack was labeled an incident of workplace violence, much to the disappointment of survivors and their advocates. In an article published earlier this week, The New York Times points out that the “t-word” was carefully avoided in reference to both Fort Hood shootings, but quickly associated with last year’s Boston Marathon bombings. Continue reading

Media Irresponsibility is Hurting Veterans

News broke this past Wednesday afternoon of yet another tragic mass shooting at Fort Hood, the second in the base in just five years. While TransparentPolicy‘s primary focus is the United States’ response to foreign terrorist threats, this is an issue that warrants our attention, largely in part to the widespread implications the news coverage of these events will have on the general public’s perception of service members and military veterans, which will ultimately affect the long-term well being of those who have served our country in the post-9/11 military. 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

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

The White House’s Handling of the Ukranian Crisis

From a national security perspective, the current Ukranian crisis serves as an unparalleled means to highlight the way in which the White House deals with a global crisis.