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
 

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.

Police Unit That Spied on Muslims Is Disbanded

The New York Times reports that:

“The New York Police Department has abandoned a secretive program that dispatched plainclothes detectives into Muslim neighborhoods to eavesdrop on conversations and built detailed files on where people ate, prayed and shopped, the department said. 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

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

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

Obama Addresses the NSA Scandal

This past Friday, President Obama finally directly addressed an issue that has been raging since the Edward Snowden leaks back in June; the NSA surveillance scandal (a full transcript of the speech can be found here, courtesy of The New York Times). Countless politicians and public figures have addressed the issue in the media, but this was one of the first times the President discussed it openly and at length with the press. As one could imagine, reactions to the speech ranged from “usefully balanced” to “skeptical.” Although the topic needed to be addressed by President Obama, the public should not expect much to change in the immediate aftermath of this speech. Continue reading

Developing Story: Obama to Give 11 a.m. Speech Calling for Overhaul of NSA Data Collection Program

It has been announced that President Obama will speak at 11 a.m. regarding his plans to overhaul the NSA data collection program. Continue reading

Benghazi Review Demonstrates the Transparency Promised by the Obama Administration

Earlier this morning, I posted briefly on the Benghazi report issued yesterday by the Senate Intelligence Committee (the report itself was approved about a month ago, but was only declassified yesterday). Several news outlets, including The New York Times, have pointed out that the report is “broadly consistent with the findings of previous inquiries into the attack on Sept. 11, 2012.” Continue reading