DOJ: Calling Out Government Lies Would Endanger National Security

By: Thursday June 16, 2011 5:15 pm

The government argues that, in spite of the fact that Saifullah Paracha’s Gitmo Detainee Assessment Brief was leaked in April, his lawyer, David Remes, cannot talk about it. Because if he did, we might conclude the DAB was real.


The Gitmo Lawyers’ Information Gulag

By: Sunday June 12, 2011 8:35 am

If David Remes can’t “disseminate” this information–if he can’t go to reporters and say, “all that damning information against my client comes not just from a detainee who was waterboarded, but it comes from the period when he was being waterboarded,” what good does it do?

Next They’ll Put Gitmo Transfer Prohibitions on USDA Funding

By: Sunday June 5, 2011 7:55 am

So in January, Obama basically said, “This is unconstitutional so don’t make it any worse or I’ll get cross,” and this amendment, which effectively sustains the status quo but doesn’t make it worse, gets pretty much the same response from the Administration.

US Charges KSM, 9/11 Plotters… Again

By: Tuesday May 31, 2011 2:15 pm

How many times have we faced this stage already? How many times over could we have prosecuted KSM already if we had just used existing, rather than Kangaroo, courts? How many more years will it take to determine whether KSM can plead guilty so as to martyr himself?

Who’s Afraid of the Big Bad Wolf?

By: Sunday April 24, 2011 8:07 am

Now, you’d think a lawyer would conclude from the fact that there was no “court-worthy evidence” on the majority of men held in Gitmo that something was wrong with the selection process of those in Gitmo. You’d think that would provide an opportunity to pivot and level with the American people about what really went into the collection of a bunch of men turned over for bounty. You’d think …

As Expected, DOD Charges al-Nashiri; Will the US Also Charge His Torturer?

By: Wednesday April 20, 2011 6:12 pm

Congratulations, DOD, for finally charging one of the alleged worst of the worst. Now when will the government charge those who tortured al-Nashiri?

Stage Managing a Show Trial: Khadr’s Lawyers Told Not to Challenge Government Witness

By: Tuesday April 19, 2011 7:00 am

So, here’s what this suggests: The government made a plea deal with Khadr’s lawyers (eight more years, but after one year he’d be transferred to Canada, if they’ll take him). Then it had a show trial featuring a frothing psychologist arguing that Khadr would never give up his allegedly Muslim aggression. Normally, defense attorneys could easily exclude such testimony from a trial based on key scientific issues like peer review. But Khadr’s lawyers, allegedly, were put in the position such that if they wanted to preserve Khadr’s eight-year deal, they would have to limit their complaints about Weiner.

Why Won’t Jeh Johnson Answer Hank Johnson’s Question about Forced Nudity?

By: Thursday March 17, 2011 4:03 pm

An interesting exchange happened when Hank Johnson had his turn. He set up his question by talking about a recent trip to Gitmo. He described the good treatment he saw the detainees being subject to. Jeh Johnson said that we’re following the Geneva Conventions.

Then he said (working from memory), so why is Bradley Manning being subject to worse treatment?

The Secrets Military Commissions Keep that Civilian Courts Don’t

By: Tuesday March 15, 2011 5:15 pm

DOD is reportedly preparing to charge Abd al Rahim al-Nashiri for his role in the Cole bombing for trial in a military commission. That’s worth keeping in mind because the Gitmo order is largely based on the protective order the DC District Court uses for habeas cases. The Gitmo order chose not to simply adopt the DC District order, though, suggesting the differences may have been crafted for people like al-Nashiri.

John Bellinger: If the War Is Illegal, Just Change the Law

By: Saturday November 27, 2010 12:45 pm

John Bellinger has been publicly suggesting the Obama Administration had exceeded the terms of the AUMF for some time. So it is unsurprising that he took the opportunity of a Republican House, the incoming Armed Services Chair’s explicit support for a new AUMF, and the Ghailani verdict to more fully develop his argument in an op-ed. It’s a well-crafted op-ed, such as in the way it avoids explicitly saying the government has been breaking the law in its pursuit of terrorism, when he pretends the only people we’ve been targeting in Pakistan, Yemen, and Somalia are al Qaeda leaders.

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