From Roger Fitch and our Friends Down Under at Justinian

Justinian in Guantanamo, International law, Military Commissions, Roger Fitch Esq, US Supreme Court 

At Guantánamo, the government has once again shown it can't be trusted to play nice at the innately unfair military commissions and the Convening Authority has resigned under pressure after adverse court rulings. 

Defence lawyers have already had to contend with FBI listening devices planted in smoke detectors of client interview rooms; government interference with and attempted co-option of a defence team member; and even real-time censoring of court proceedings by unidentified spooks. 

Now, an interpreter offered to the counsel for the "9/11" accused has been recognised by the defendants as an alumnus of the CIA team at their torture black site.  

Confronted by the judge, the Pentagon readily admitted the interpreter was a CIA asset, but wouldn't say where. The case is proceeding without him.

There was some good news. The Kafkaesque gag order, which had prevented the defendants and their counsel from even talking about their black site and other torture by the CIA, has been partially lifted.  

One of the first prisoners to benefit will be the 9/11 defendant Mustafa Hawsawi, now free to discuss being - uh - sodomised by the CIA (see December post). 

Marty Lederman is optimistic things are improving. More here. 

Read the rest of Roger Fitch's report here.