The Guantanamo "war crimes" trials took another shameful turn yesterday when the Navy lawyer representing Canadian-born Omar Khadr revealed that a 2003 Pentagon manual encouraged interrogators to destroy their hand written notes made at the time of the interrogations. Only last week the military judge assigned to preside over Khadr’s trial was unexpectedly replaced, after rebuking prosecution lawyers for their delay in turning over evidence to Khadr’s defense counsel.
According the AP and Canadian media, the new disclosure could be used to seek the dismissal of charges against Khadr, and in a pending Supreme Court case challenging the denial of habeas corpus under the notorious Military Commissions Act.
From CanWest News Service:
A formerly secret document shows the Pentagon allowed its Guantanamo Bay interrogators to destroy notes they took of interrogations – a policy Omar Khadr’s lawyers say denies them the chance to challenge the legitimacy of any "confessions" he made.
Navy Lt.-Cmdr. Bill Kuebler, Khadr’s lead military attorney, stumbled over the interrogation directive as he reviewed prosecution-held documents at the prosecution office of the Pentagon’s war crimes commissions.
While he was denied permission to walk out with them, he said he made careful notes – and on Monday is submitting an affidavit of what he learned to the U.S. Supreme Court.
The affidavit quotes from the Pentagon’s "standard-operating procedure" manual for so-called Tiger Teams, which typically consisted of an analyst and an interrogator who would together question terror suspects held at the U.S. naval base in Cuba.
The directive is significant because Khadr has said he was subjected to coercive interrogation techniques after U.S. forces seized him in Afghanistan in 2002. Kuebler says interrogators’ initial handwritten notes may have corroborated those claims because – unlike later typed summaries – they would typically detail everything that went on.
"By destroying handwritten notes containing ‘interrogation information’ and preserving only the sanitized summaries, interrogators effectively destroyed evidence of illegal treatment of detainees – as well as evidence that could be used to contradict the statements recorded in the summaries," Kuebler said in a statement.
According to Kuebler, the Pentagon Manual suggests military lawyers were aware that contemporaneous evidence of interrogation techniques could undermine any future trials:
According to Kuebler’s notes, the directive says: "Once . . . created, handwritten interrogator notes may be destroyed. This mission has legal and political issues that may lead to interrogators being called to testify, keeping the number of documents with interrogation information to a minimum can minimize certain legal issues."
Khadr’s case has been followed closely in Canada but so far, the Canadian government has not sought to interfere, even though Canadian lawyers have sought to have Khadr released to and tried by Canada. In addition, Khadr was no more than 15 when he was captured in Afghanistan in 2002. (See here and here for a discussion of the International Law under which minors, generally regarded as "victims" rather than "criminals," can be prosecuted.) For more background, see here and here.
Related posts:
- Khadr Case Goes Nowhere at Gitmo (Again)
- Roger Aldrich, the Al Qaeda Manual, and the Origins of Mitchell-Jessen
- By Yoo’s Own Analysis, Army Field Manual Allows Torture with Drugs
- Gitmo: Obama Considers Gutting UCMJ Protections — For What?
- Saddam Interrogation: US Still Trying to Show 9/11 Connection as Late as Mid-2004
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Fitz!
Good morning Scarecrow. Thanks for the informative post.
Scarecrow!
Ya think!?!?!?
And what might those “certain legal issues” be, I wonder?
Long past outrage fatigue.
I think the word notorious is going to be used quite heavily in any history of the Bu’ush administration.
Really enjoyed chatting with GG last night. Americans are so mis- and uninformed about Irak, Afghanistan and pretty much everything this sorry ass excuse for a government has been involved in.
Lots to do today so I’m gonna *poof* til later today.
Be good to yourselves, and all other living things.
Namaste
Good morning, Scarecrow. The systematic destruction of everything our country once stood for continues. Congress needs to wake up to the fact that it is never too late to start impeachment proceedings.
The Guardian has picked up the story too. Last to paragraphs:
Looking more like the Inquisition every day.
And speaking of lost in lawlessness, my friend John McCain has been all over the map in trying to clarify whether the President can ignore FISA’s warrant requirements. By Friday, he and his advisers had three different positions. Marty Lederman tracks them down.
Yesterday, McCain added a fourth; he said the matter is “ambiguous.”
That would be a valid point in a true court of law. Unfortunately, these “trials” are military tribunals, and the rules are made up as they go along. There can and will be only one outcome in each one. I think the only thing that can stop them is another Supreme Court ruling. There is one ruling pending that could have an impact, but you can bet Bush will come up with more pixie dust to make everything just right again if the ruling is anything short of a direct command to shut down the tribunals and move to the Federal Courts.
twolf1! Good morning everyone. Don’t know about you, but this reconciling stuff is exhausting, and we’re not even done.
McSame’s positions on issues are like mercury. Try getting your hand around them and they squish through your fingers. And they are toxic to boot.
Good morning Scarecrow. Already 83 deg. here and on it’s way up to 98 before the day is out.
That Al Gore. It’s all his fault.
Let’s Digg this story to give it the attention it deserves.
Reddit it too!
The great news is that the truth is FINALLY coming out.
The bad news is that the truth is very, very ugly and it is going to be hard for many people to get their heads round it all.
There is going to be so much shame/disgust/anger/regret/helplessness, but the people who got caught in this nightmare deserve the truth to be told,
no matter how hard or horrific the facts are.
BushCo and ALL who actively helped or passively stood aside must be brought to face their actions in the court of law and in the eyes of the world.
Done dug it. Thanks, Scarecrow. Great piece.
i’m giving up and putting up the 2 window air units. and it’s only june 9th. damn.
first things first though… long list of hearings this week.
It’s now clear that a McCain Presidency either will or will not be a third Bush term. Lindsey Graham says “absolutely,” while Novak says that’s nonsense. Okay.
But my favorite column this week was George Will, who opined that if Obama picks Clinton, it will prove he’s not man enough to say no to a woman. And here I thought that a strong man was one who didn’t fear for his masculinity if he got to work along side a strong woman. Will is obviously threatened by the thought. What can I say?
so with military tribunals, if the evidence necessary to mount a defense were deliberately destroyed, does that make the case unprosecutable?
hmmm;
“it is now clear we will be there or we won’t be there”
Will needs an SUV?
so, how many people are taking bets mccain was told not to smile anymore?
Does it matter? It seems that the defendants are now practically in a suicide pact and the truth will be buried along with them. bmaz has it pretty well described.
Made to order show trial. Kafka would be proud.
The cats and your apples will appreciate it—as will you I surmise.
Of all the things Republicans have done this stands out. It saddens me as a US citizen to see our country, the prominent defender of human rights in the past, stooping this low.
We will never recover from what these people have done to our country.
Who at the Pentagon is taking these decisions wrt prosecutions, so-called? The reporting suggests the Pentagon operates as one in the matter. We need names of depts and dept heads and who they report to. We need to know who is actually the instigator at the Pentagon of these endless miscarriages of justice. We need names. “The Pentagon” just doesn’t cut it.
In normal courts, yes. But as ACLU’s Anthony Romero said last week, (h/t Marcy at emptywheel)
If he picks Hillary, he’ll certainly be accused of “caving in to pressure,” and Hillary’s campaigning for the VP spot last week made is harder for him to duck such charges.
Good morning Scarecrow!
It would in any normal/rational legal context, but this is Bush League justice.
It would be a very cool thing if TCM would show Judgement at Nuremburg non stop, 24/7 during the show trials. If we could get it on a few regular commercial stations, more’s the better. Flood the airwaves.
Churches, synagoges, mosques all should have showings of it and discussions before the trials begin.
I am talking though about the rules and regulations of these proceedings, I believe the military has a lower standard for proof then civil and dismissal might not be mandatory
not made to order anymore, they are exposed
There are also lots of films/documentaries of Gitmo, Bagram, black sites, etc. Also, McClatchy News announced it will be doing a series on our detention practices. I saw an announcement but can’t remember where.
Good morning Ms. Egregious. You’re up early. We are expected 100 degree heat today, in June. We’re doomed.
The Bush administration have gotten so many of our people involved it would take a major effort to clean it up. A major purge of all branches of the government, intel services and military. I doubt if our country has the courage or common decency to do it.
anyone know what happened to the soldier that dressed down rumsfeld in front of thousands of other troops asking why they didn’t have the gear they needed?
I’m just now getting around to reading Shock Doctrine. I’m only about a third of the way in, but I am convinced that one aspect of the Shock and Awe used by the Bush Administration is to break laws on such a pervasive basis that those of us who want something done about it are frozen from action because we just don’t know where to start. Do we go after the lies to start the war? Do we go after torture? Do we go after illegal surveillance? Do we go after the graft in no-bid reconstruction contracts? Do we go after the privatization of war through mercenaries? Do we go after politicization of DOJ? Do we go after the buying and selling of Congress by lobbyists? Where do we start?
Guantanamo: A legal system worthy of Stalin. I’m so proud.
Yeah, Will being so adamantly against the idea of Obama selecting Clinton as his VP is about the best argument that can be made to do so.
Impeachment would be a good place to start as far as I’m concerned.
Yeah, I know we have no time and there are so many “important” things that need to be done . . . . . yadda yadda. But I see no other remedy that will begin to open the discussions so that the entire country can have an idea of what we here have been carefully watching and writing about for oh these very long years.
If it were up to me, I’d just list them all in a Bill of Particulars. have the House write it up in the morning; vote on it in the afternoon. Shock doctrine in reverse.
To complete the Stalin allusion, the Congress has been a dependable rubber stamp for Bu$hl3r’s crimes against humanity.
OT, sort of:
Think Progress picks up Pincus’ catch that the Iraq report left out the WHIG. Oops.
According to our Prez:
The man is a genius. If he didn’t have his own plane, he’d be on a no fly list.
Wow, Jim you have described perfectly what I’ve been feeling for a long time now.
I remember when the Plame story broke, I thought Boy, we’re really going to get them this time. I see how that turned out. Oh, pardon me.
It’s like they’ve got us looking under every rock for evil and we’re so busy, we won’t see the next one coming. I think that’s what they want, however, there are some very bright and curious folks here at the Lake and some other progressive blogs who are vigilant.
the weekly list of congressional hearings is up.
here are a couple tomorrow on torture:
This is what a Harvard (or was it Yale?) legacy MBA gets you.
Not exactly a great recommendation if you ask me.
If it were up to me, I’d just list them all in a Bill of Particulars. have the House write it up in the morning; vote on it in the afternoon. Shock doctrine in reverse.
The Al Franken approach. He is an advocate of “the quickie impeachment”.
I just finished The Truth (with jokes) by Franken (copyright 2005). Al Franken is a long, long way from stupid. His predictions, published in 2005, have largely come to pass.
Plus, we now have the added advantage of looking forward to the use of the phrase “Bush’s butt-boy” as his campaign against Norm Coleman proceeds…
We’ve all got to pitch in to get him elected. Imagine what a breath of fresh air he will bring to the Senate floor!
Absolutely agree!
Good Morning Scarecrow and firedogs,
Selise – wow – I was just googling the House hearings with Mr Sands, Ms Cohen, and Butt Boy Rivkin -
what was the stated purpose of the House sub comm hearings chaired by Nadler ? I know these things ‘take time’, but what if any action was promised by that sub comm ?
Bush’s ’strategery’ is to jawbone the dollar higher, just like he jawboned oil prices lower. Then he’s going on a vacation or a bike ride.
Thanks selise — timely hearings; the one on what did the FBI know and what did they do about it should be good.
but what if any action was promised by that sub comm ?
My question is just a bit different.
What, after all of the hearings that have already been held, especially by Waxman, has actually happened by way of remedy and/or punishment?
Strong: good. Weak: bad. Plays well in Bumf*ck.
How many different ways can we show that the US government is encouraging it’s agents to commit war crimes! This is absurd!
Those in this administration are the proud new Americans-Nazis. Drones,Hell-fire missiles, D.U.,cluster bombs and for those still into burning human flesh there’s the old fall back white phosphorus have replaced the need for crude crematoriums. According to Nuremberg trials Everyone who has set foot in the Middle East with a gun with intent to harm and the leadership is a stinking war criminal that deserves no accolades.
Power corrupts,Absolute power corrupts absolutely .Does this law still apply?
your guess is as good as mine. :(
i posted an mp3 of the the 5/9 house hearing with sands, cohen and rivkin (is that the one you were looking for?).
and btw – last week i figured out how to post a flash audio stream. this means i can make all my mp3s available to folks on dial up. if anyone is interested, just take a look through the archives and leave me a comment or email and i’ll post the flash stream. going forward, i’ll post both mp3s and flash audio streams.
This is absurd!
aka “Business As Usual” for this administration…
Lots, obviously. The problem lies is getting anyone other than DFHs to care.
0
thanks !
We just rescind every law passed in the last 8 years.
I see our Prez believes history will vindicate him.
If there are any history students reading here, we urge you to complete your studies and start writing. Your country needs you.
is Hugh’s List written in such a form to be a Bill of Particulars?
Obama has already promised to review all Bush’s Executive Orders and rescind any that violate the Constitution. That would be a fun job to work on.
It’s the supporting evidence; lotsa links.
hugh has a version of his list that includes links… just not up yet.
OT – i’m listening to bill moyers on democracy now (on wbai). this is a good one:
Way OT and way too common. From today’s IndyStar:
Political figure could get 152 years…
Anybody wanna guess his political affiliation?
ok, that was an easy question. But he’s not just *any* Republican:
Ex-chairman of GOP in East Chicago convicted of fraud and tax evasion
quel surprise, eh?
I believe he said this during his keynote address at the Nat’l Conference for Media Reform in Minneapolis this past Saturday. The full speech is available online and is well worth watching if you haven’t seen it yet.
If he’s from Chicago, he must have links to Obama. /s
That would be a fun job to work on.
oooohhh – a chance to blow some stuff up! Where do I send my application?
yes, amy goodman is broadcasting it this morning.
After he’s done with that perhaps he’ll dig into the signing statements.
Also students, when you write, please use simple sentences and common words. We want Bush to be able to read your writings and understand that he is not being vindicated.
Title: My Pet Waterboard
another good one from moyers:
Moyers was harrassed by Fox News (O’Reilly Factor goons) in an effort to shame him from participating in that public forum (on account of too many far left loons). Moyers stood his ground.
I’m sure Moyers was very upset that O’Reilly didn’t approve of his participation. Interesting situation: O’Reilly seems to give a fig about what Moyers says, but the converse? No way.
Christy’s up with a new thread: McCain Wooing The Wimmins?
Moyers Takes Goon’s Lunch Money . . .film at eleven :D
Twas an outrageous and brazen act for a “bonafide news outlet” to attempt to intimidate and shame Moyers from participation by suggesting that he was “one of them”.
Of course, they were really looking for a sound byte for “Der Factor” that would demonstrate that Moyers is a commie pinko.
Time’s running short. It’s hard to believe that the trials will be over (and the defendants executed as originally planned in order to physially destroy evidence of torture) before next January 20. Yet that’s what the Bush junta have to do for them to pull it off. Assuming Obama is the next President, he can reverse all this stuff by executive order. There’s still a lot of Pixie Dust left in the Presidential can.
The more the administration tries to rush these trials, the worse it is going to be for them down the line.
The Army, like any good bureaucracy, puts what it wants done into a manual. There’s a rule for everything. Which is why senior enlisted personnel who can circumvent them without getting caught are in high demand. Tossing notes is “good” because what they might reveal is “bad”. Think about that for a moment. Pretty strong indicator of a guilty state of mind, wouldn’t you say?
The notes would be bad because they might reveal what really happened, how things really got done and at what cost. It was such an obvious risk and of concern to so many people that the caution to throw notes away made it very early into the appropriate manual. Then they hid the manual and its procedure behind a now torn cloak of secrecy.
If the risks were so obvious, why was so much care and attention devoted to avoiding their disclosure rather than curing the underlying problem?
I call the Army’s approach the General Motors Response. Decades ago (time is relative in the Pentagon), it used to be said (by a former GM vice president and Pentagon official) that what’s good for the Pentagon is good for GM (and its other industrial suppliers) – and vice versa. Substitute Blackwater and the secret intel “community” and you’re up to date.
It wasn’t much of a stretch for Japanese engineers, and the expatriate American engineers that Detroit wouldn’t listen to, to point out that fixing problems after they happen isn’t as efficient as rooting them out at the source. Is it cheaper to repaint the blistered hood on every third car off the assembly line – or to fix the paint line?
The Pentagon is still laboriously repainting hoods. Here, in the form of hiding what it readily recognized was dangerous, probably illegal conduct in order to bolster its “legal” claims against its prisoners. The idea that it might establish better legal claims against enemies intent on doing physical harm — and that it should release hundreds or thousands of people it has no valid reason to detain — seems as foreign to this administration as the idea that it might be healthy to pull its drinking water upstream from where it goes potty. Its failure to do that results in intestinal diseases, in the form of legal and moral corruption, that plague the entire community, not just the Pentagon and its political masters.