MY MY

I have been a bit busy so I havent posted on all of the things going on- I will try to get to that later this week....but I could not let this pass without comment.
As I mentioned in earlier blogs the government (Obama administration) is trying once again to keep the lawyers out of Guantanamo-placing new restrictions on attorney visits. There are several judges hearing Guantanamo cases and lawyers for detainees have asked their individual judges to shut down the government's most recent attempts. As Lyle Denniston at ScotUS blog pointed out over the weekend the Government has now asked that one judge hear all of these challenges- and of course who do they pick? Judge Lamberth- the judge that announced at a public conference that he would be afraid to grant the habeas petition for any man at Guantanamo because that individual could be the one to blow up the capitol...When I moved to recuse Judge Lamberth in my clients case because of his clear bias- the government admitted that they had an ex parte conversation with the judge about discovery matters in my case.....after sitting on my motion for literally months he finally agreed to recuse himself. How appropriate that the government turns to its friend Lamberth in this matter too- but how shocking that at least some of the other judges appear willing to turn over their own cases to Lamberth to decide this important matter.

Mr. Transparency UPDATED

As everyone knows Obama could not quite get around to closing Guantanamo....but did you know that his department of "justice" is now working to try to keep the attorneys out of Guantanamo? In his latest moves the government is refusing to let attorneys whose clients lost their habeas cases visit their clients...once all appeals are concluded. Apparently Obama thinks these men should not be allowed any further legal representation and that it would be just fine to let these men go back into the dark hole known as Guantanamo....The government is asking that the military be given the sole right to decide when OR IF a detainee needs further legal help and that the attorneys not be allowed to use any of the information they obtained from their clients over the years.... to help their clients in the future.

Lyle Denniston at ScotUS has more on this latest move by Obama's people....

For Those of You in the DC Area

July 11, 2012, New York, NY. -- Federal Judge John D. Bates of the U.S. District Court for the District of Columbia will hear oral arguments on Monday, July 16,  in litigation brought by the International Justice Network (IJN) and co-counsel on behalf of three non-Afghan citizens whom the U.S. government forcibly rendered to Afghanistan nearly ten years ago, for indefinite imprisonment at Bagram Air Base.  At issue in the case is whether the U.S. government can continue to use Bagram as the “other Guantánamo” to indefinitely detain prisoners in U.S. custody without access to legal counsel or courts Despite being cleared for release by a U.S. military “Detainee Review Board,” all three men continue to languish at Bagram.  

In 2009, the cases were consolidated before Judge Bates, who found that each man had the right to challenge his detention in U.S. courts.  However, the Obama administration appealed the decision to the D.C. Circuit Court of Appeals --which overturned Judge Bates’ ruling in 2010.  

Now the case is back before Judge Bates on the basis of new evidence that was not yet on the record when the Court of Appeals issued its ruling.  

The oral arguments in Al Maqaleh are open to the public and will take place on Monday, July 16, 2012 at 10:00 AM in Courtroom 14 of the U.S. District Court for the District of Columbia, 333 Constitution Ave., NW, Washington, DC 20001.

Drugging of detainess...

Jason Leopold and Jeffery Kaye are out with a new report today. This one on the use of mind altering drugs on detainees while they were being interrogated. "Detainees in custody of the US military were interrogated while drugged with powerful antipsychotic and other medications that "could impair an individual's ability to provide accurate information," according to a declassified Department of Defense (DoD) inspector general's report that probed the alleged use of "mind altering drugs" during interrogations."


This is of course disturbing on so many levels but to put it in perspective just remember that the DC Court of Appeals- the one that hears all of the appeals for Gitmo detainees - has said that it presumes that everything the detainees are alleged to have said is true and accurate and the burden is on the detainee to prove otherwise...couple that with the fact that it is virtually impossible to get the medical records of our clients....

Civil Liberties Still alive in Europe

A committee of the European Parliament has released its report on the secret CIA prisons in Europe and is recommending that all European member countries do an examination of their role in the renditions and secret prisons. Read more here. This will go to a full vote of the European Parliament in September....once it passes it will no longer be a recommendation but will be an Order....

Mr. Transparency....

As everyone knows Obama could not quite get around to closing Guantanamo....but did you know that his department of "justice" is now working to try to keep the attorneys out of Guantanamo? In his latest moves the government is refusing to let attorneys whose clients lost their habeas cases visit their clients...once all appeals are concluded. Apparently Obama thinks these men should not be allowed any further legal representation and that it would be just fine to let these men go back into the darkness of Guantanamo....The government is asking that they be given the sole right to decide when OR IF a detainee needs further legal help and that the attorneys not be allowed to use any of the information they obtained from their clients to help their clients.

Rumors...

There are also rumors today that the Tunisians may be heading home. A delegation from Tunisia went to the base last week-most likely to meet with the remaining Tunisians-and they are hoping that the US will announce that their countrymen can go back home.

Sudanese detainee released....

It was announced today that a sudanese detainee that is one of the first detainees to have landed at Gitmo has now been released. He is accused of being a foot soldier for bin Laden and he pled guilty in the military commission two years ago. Carol Rosenberg has more here.

Today, 168 detainees remain at the detention center in Guantanamo Bay.

No legal process for the Gitmo men....

Steve Wax represented a man held at Guantanamo until 2007. His client's case was one of the seven that the supreme court decided not to hear last month. Read more about his client here.
And if you have not read Steve's book "Kafka comes to america" Read it now.

ACLU Torture Database

Somehow I missed this but the ACLU set up a database on the torture files and other torture information at the end of June (on International recognition of torture victims day). you can link to it here.
A couple of interesting new documents relate to the torture of Abu Z.- the man we waterboarded almost 100 times only to figure out that he wasn't the bad ass we thought he was. This one describes the various torture techniques that were being utilized and also describes how during his last waterboarding CIA officials flew in to watch it to help determine whether he had been tortured enough....
Then there is the 2004 CIA inspector general's report....
and finally the report that outlines the combined torture techniques that can be used.

Close Guantanamo? yeah right Obama.....

In Obama's latest move to "close" Guantanamo the Pentagon announces a $40 million dollar project to bring better communication lines to the base....this will take about three years to complete. Wonder why we need this for a base that is being closed Mr. transparency...?
read more here....

last musical thought....

Anger is important too....

We are nearing the end of this holiday musical interlude but before we get to the end (no this is not quite the end)- remember that anger has an important role in this.... As I have often said "yes I am pissed off" in fact, you could never imagine just how angry I am....so please be angry -and show it.

Hope (Con't)

Fortunately I have a good imagination- sometimes I think that is all that keeps me going....

Is there Hope for the US?

Continuing this musical interlude with a little hope.....THANK YOU TO THOSE WHO HAVE AND ARE OCCUPYING THIS COUNTRY AND ATTEMPTING TO FREE US FROM THE BANKSTERS, THE FAKE (FOX) NEWS (and others)- OUR POLITICAL "leaders".... and the list goes on.

For Razak on this day when we here in the US celebrate our freedom....

This song was written about a slave....when I meet with Razak Ali -my remaining client at Guantanamo he is always chained- but gracious and happy for the food I bring. I am constantly reminded of this song which was a favorite of my dad.. just another part of our legacy....

the other legacy....

Lest we forget our newest legacy....

Happy 4th?

Some interesting things going on....

Time will tell but there are a few stories that I am keeping my eyes on:

First is the leak that some of the Afghan men at Gitmo may be heading to an Afghani prison (run by the US of course). The thing that is different about this story is that it is not about the 4 or 5 top Taliban guys that have been in discussions for about a year but instead it is about the farmers and other innocents being held. It has always been ironic -especially to the men at Guantanamo- that many of the first ones to leave (even before attorneys were allowed on the base) were the ones who were involved in at least some hostilities.... anyway read more about this here.

Second is this story about the military abruptly dropping charges against a Kuwaiti man (read it here)....while at the same time it seems that at least some talks have resumed with Kuwait about taking there remaining two men. It doesn't look like the talks are going anywhere very quickly (see this article by the Kuwaiti's military attorney Barry Wingard)....but maybe it is a start.

And then there is Omar Khadr, the young man we have been holding at Guantanamo since he was 15 years old. Canada (SHAME ON CANADA) still refuses to repatriate him but it seems he is getting a pretty good education while he waits....read more on that here.  Despite the horrific things my country has done to this young man at least he is not being warehoused like the other men...the military cannot even bother letting the men learn english, nevertheless some life skills while they wait. Yes, I know the military claims the men can take English and Art but that is propaganda....

And finally there is this story- Gitmo gets a new admiral and some are acting like its the 4th of July or some shit....I mean really- this is the first time I have read any pomp and glory surrounding a change of hands- is it really that the last guy was so bad they are celebrating his exit (he really was bad) or is it just another WTF moment....stay tuned.