From Roger Fitch and our friends down under at Justinian.

 

It's Hitlerish

Roger Fitch Esq • Friday, November 8, 2024

Reelection of a charlatan ... Republicans take popular vote for the first time in 20 years ... Amnesia ... Trashing a democracy ... Trump and his team of troubled men ... Mainstream media wilts in the eye of the storm ... Depravity, greed and revenge are the new normal ... Roger Fitch files from Washington 

"Some Trump voters may believe his lies. But plenty more want Trump to be terrifying and stomach-turning so that re-electing him will be a fully realized act of social revenge. Harris cannot propose any policy, offer any benefit, or adopt any position that competes with that feeling" - Atlantic

"What luck for the rulers that men do not think" - Adolf Hitler

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Before the election, the NYRB and Atlantic warned that the 60th presidential election could mark the end of democracy in America. The Washington Monthly noted a Nazi analogy to the complicity of America's traditional conservatives in Trump's takeover of the Republican Party. The NYRB published reviews of new books on Hitler's 1933 ascent to power in Germany.

In one of the two dominant political parties there was no shame; no law, custom or standard of common decency that party operatives wouldn't transgress. Their presidential candidate, Donald Trump, was the worst, embracing racism and misogyny, or misogynoir, in the case of his opponent Kamala Harris.

Close to the election, the Republican candidate's behaviour became more erratic: at a charitable function, the white-tie Al Smith dinner, he descended into insults and obscenities in a room filled with Catholic priests, presided over by the Archbishop of New York. 

At campaign stops he called Harris a "shit vice-president" and extolled the genital endowments of a dead  golfer. His rallies became freak shows offering "extra buffoonery with a side of fascism", entertainment for his supporters and a continuation of the TV series that made him a household name, The Apprentice.

The ex-president himself saw it as a TV show. In explaining his loss in their "debate", he suggested Harris was given the answers in advance, like the 1950s quiz show scandals.

The Republican meanwhile hawked the same tat one might see in late-night TV ads: gold sneakers, trading cards (of himself), watches, the perfume "Trump" (Musk-scented?), even a "Trump bible" (printed in China) unsuccessfully foisted on Oklahoma school children.  

This was the classy candidate that the once-venerable Republican Party offered for president in 2024.

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READ THE REST HERE.

Military Plea Deal Upheld UPDATED

 You might remember that a few months ago a plea deal was struck (hit on the links for two earlier posts of mine on the subject) with the handful of men at Guantanamo who were actually charged with something. The deal was that the death penalty was taken off the table in return for their guilty pleas. A few days after the deal was accepted by the judge the secretary of defense (Austin) tried to renig on the deal. Yesterday a senior military judge said "no" you cannot pull out of a deal that was bargained for and accepted. Read more here. I will see if I can find an actual copy of the order but in essence the military Col. judge said that Austin vested authority in the judge to accept a plea deal and just because he didn't like the deal did not give him authority to overrule the deal. 

Not sure how much the rule of law will continue to be followed in this country but this was good news.

The secretary of defense has appealed the decision. sigh.

and I wonder what's gone wrong....

 

Musical interlude. The sequel

 

musical interlude

 

FROM OUR FRIENDS DOWN UNDER AT JUSTINIAN

 

Bring back Dwight Eisenhower

Roger Fitch Esq • Tuesday, October 15, 2024

Supreme Court's new term ... Judicial culture war ... Motions for Trump's immunity determinations ... Cognitive decline on the election trail ... Judges waiting to muddle the election results ... Election countdown ... Plans for a new Supreme Court ... Our US legal correspondent Roger Fitch reports from Washington 

"[Trump] was a particularly unattractive version of his titanically arrogant, spectacularly dishonest and shockingly ill-informed self, claiming that Democrats were slaughtering newborns, that Harris was a Marxist, that he'd championed the Affordable Care Act, that the Jan. 6 rioters were veritable peaceniks and that as soon as he turns his gilded hand to the war between Russia and Ukraine ... it will magically end" - NYT's Frank Bruni on the Harris-Trump debate

"[N]o one in the Republican party dare say the emperor is naked and demented" - Salon

"[T]he press ... is the weak slat under the bed of democracy" - AJ Liebling

The countdown to the presidential election has begun, and the media, clinging to the safer narrative, have given the candidates the full horse race spin. Although Trump's cognitive decline should be topic one, his rallies are often reported in facile headlines and articles that ignore, paper-over or polish the incoherent rants of the half-mad Republican candidate. 

The ex-president, now a convicted felon, has moved beyond personality disorder, egomania and malignant narcissism, into new realms of fantasy beliefs, yet his craziness is scrubbed up by the media.

At the 11th hour, in the midst of media "sane-washing", Trump's mental fitness is finally being addressed, even by the timid NY Times. 

As a Salon columnist remarked, the former president "was always hobbled with severe personality disorders and a lifelong aversion to learning, but this is different. He's losing words, forgetting basic details (like who he's running against) and droning on about stuff that only makes sense in his fractured brain".

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"[I]f the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court ... the people will have ceased to be their own rulers, having ... practically resigned their Government into the hands of that ... tribunal" - Abraham Lincoln

"Judicial activism is a great threat to the rule of law because unaccountable federal judges are usurping democracy, ignoring the constitution and separation of powers, and imposing their personal opinions on the public ... We oppose stealth nominations to the federal bench ..." - Republican Party platform (2008)

READ THE REST HERE.

Give to the Guantanamo's survivor fund....

 I know, if you are like me, you are giving a lot to help with this election but if you can spare a little please help the Guantanamo survivors. Click here to support these men.

LEST WE FORGET

 

September 11. 23 YEARS LATER...

 As per my usual posting on this day I turn to my friend the talking dog. The dog was actually in the midst of that chaos and shares his reflections most years.

Here is this years. 

From Roger Fitch and our friends down under at Justinian.

 

Election muddling

Roger Fitch Esq • Wednesday, September 4, 2024

Mounting frenzy ... Democrats produce a Black Swan moment ... Trump's own goals ... Australia's most toxic export ... Murdoch - the man who gave us Trump ... Plans for a new "steal" campaign ... Republican judges  meddling in the election ... Roger Fitch files from Washington 

"Trump should step aside as his criminal convictions and continued legal troubles have clearly taken a toll on the 78 year old conman" - Congresswoman Ilhan Omar (D-Minnesota)

"Kamala Harris has a resumé. Donald Trump has a rap sheet" - Congresswoman Jasmine Crockett (D-Texas)

Americans seem to be awakening from the learned helplessness induced by the Trump Stolen Election Delusion. For nearly four years, a political subversive and supporter of violent insurrection has been running around the country, claiming he won an election he actually lost by seven million votes. Many believed him. 

The spell of this absurdist drama may finally be breaking. There's been a remarkable change since the Democrats chose an articulate career prosecutor to stand for president against the incoherent felon representing the Republicans. 

Only weeks ago, Democrats were dreading their upcoming August convention, with President Biden's campaign seemingly doomed, even when facing such a dreadful candidate as Trump. 

What no one expected was a Black Swan event. Jonathan Alter explains.

That came when Mr Biden, though a "transformative" president, stumbled, withdrew, and was replaced as candidate by his Vice-President, Kamala Harris who has recently led by 3+ points. Trump is now the weaker candidate, and the election is soon - November 5th.

On the eve of the Democrats' convention, House Republicans released the report of a sham "impeachment investigation" of President Biden. As there was no evidence of wrongdoing, and Mr Biden was no longer the candidate, it sank like a stone.

READ THE REST HERE.

more on the broken plea deal

 Shayana Kadidal is one of the Guantanamo attorneys from the Center for Constitutional Rights- the umbrella organization that organized all of the pro bono attorneys (including me). Shayana has been doing this at least as long as I have but he still has clients left at the base- including in the military commissions.

His opinion on all of this is worth a read.

(h/o to Walt!)

Another musical interlude.... because we need more music!

 

Military commission update UPDATED (again)

 It has taken more than 20 years of bullshit military commission proceedings to finally come to a conclusion for three of the men that have been held. The death sentence was sought for these three men. Problem was that the vast amount of evidence was procured through torture. The lawyers representing these three men have been relentless in pursuing evidence of their torture and demanding a plea deal with life sentences instead of the death penalty. The military has finally agreed.

read more here. 

Oops on that. Seems the secretary of defense says no! I feel certain that would not have been agreed to without the secretary signing on to begin with so we will wait for the full story to unravel. Meanwhile- plea deal is off and the death penalty is back on. 

[actually I am only seeing this in the New York Times. I canceled that subscription a month or two ago because of its constant pro trump anti Biden coverage. So let’s wait to see if a credible news source confirms!]

Just Security just did an analysis of the train wreck caused by Sec'y Austin's shenanigans. I guess my biggest take on this is that it opens the door to more litigation. 

From Roger Fitch and our friends down under at Justinian

Trump v US

Roger Fitch Esq • Tuesday, July 30, 2024

Judge Aileen Cannon ... No more special prosecutors ... Rogue judges at the highest level ... Presidential immunity decision worse than anticipated ... A dreadful partisan court ... Milwaukee convention ... Vance has no conviction - unlike his running mate ... Roger Fitch files from Washington 

"FBI searches for motive in Trump shooting" - mystifying Associated Press headline.

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"The parallels between [Trump v US] and Germany's Enabling Acts …similarly ratified by the German Supreme Court right after Hitler took power in early 1933 - are startling. That collection of laws ruled that whatever Hitler said in the context of an 'official act' instantly became the law of the land. For all practical purposes, as the nation's leader, he became immune from prosecution under the laws that applied to every other normal German or elected politician." - Thom Hartmann

Although everyone is reeling from the new presidential election dynamics in the US, all eyes should still be on the US Supreme Court and a decision being called the Dred Scott of our time. 

Hitler: immune from prosecution

In perhaps the most partisan power grab in its 235-year history, the supreme court on July 1 attempted to nullify all the outstanding federal criminal litigation against Donald Trump as well as litigation under appeal in New York State and Georgia. Rather than Justice Gorsuch's promised "rule for the ages", it's a rule tailor-made for Donald Trump.

As international law professor Oona Hathaway noted in Foreign Affairs, for the rest of the world the US president has always been above the law. Now Americans themselves will learn what that means.

In a decision that will live in infamy, the court ruled that a president is, in all essential matters, above the law. That's contrary to the Constitution; Article 1, Section 3, makes clear that even a president who has been impeached and convicted remains "liable and subject to indictment, trial, judgment and punishment, according to law".

By a majority of 5-4 (Justice Barrett not joining), dicta was inserted in Trump v US that may affect multiple criminal prosecutions in several states, e.g, those involving fake electoral slates. 

The five justices opined that even the evidence of crimes that falls within the president's astonishingly-broad "official acts", e.g, contacts and phone calls between the president and others, perhaps bribery and corruption, attempted subversions of justice through corrupt contacts with department employees (e.g, Jeffrey Clark in the DoJ), intimidation of the Vice-President and the Justice Department's senior officers, pressuring Georgia officials to "find" votes, cannot be admitted in court, nor the president's motives and good faith queried.

More here on CJ Roberts' now-notorious footnote 3.

READ THE WHOLE FITCH HERE.

unity

 we will make it work.

FROM ROGER FITCH AND OUR FRIENDS DOWN UNDER AT JUSTINIAN

Reign of Terror

ROGER FITCH ESQ • FRIDAY, JULY 5, 2024

SCOTUS ... Shocker decisions from the latest term ... The Trump Docket ... Presidential immunity ... Gratuities and bribes ... Obstruction ... Admin law trashed ... Criminalising the homeless ... Espionage Act - two sides of the coin for Assange and Trump ... At last, someone convicted at Guantánamo of a real war crime ... Roger Fitch reports from Washington 

"Somewhere along his life path, his Saurian eye identified a need among a swath of Americans for nonsensical gibberish … In another era, Trump's true calling in life would be a travelling tentpole circus barker, hustling from town to town with an entourage of snake oil salesmen, other grifters, and assorted freakish animal and humanoid curiosities... that's entertainment, and as ever, it serves a nefarious purpose - diverting the crowd from the pickpockets" - Nina Burleigh

........

The Justice Department has filed two contentious espionage cases in recent years. One, against an Australian citizen, is novel, an actual Trumped-up crime. The other, filed by a special counsel appointed under President Biden, is against Trump himself. 

Unlike Julian Assange's "offences", the charges against Donald Trump fit perfectly: it's a straightforward prosecution for wilfully and knowingly taking and concealing classified documents, misusing them and obstructing their retrieval. 

The Espionage Act, 18 USC 793, used in both prosecutions, does not say the accused must be working with another country to deliberately harm the US, only that it is a crime to have ...

"... unauthorized possession of, access to, or control over [information] ... the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation," and to wilfully retain it while failing "to deliver it to the officer or employee of the United States entitled to receive it."

Prosecutors are not required to prove that the defendant knew the information could harm "national security", only that any reasonable person would understand the harm it could do. It's not necessary to prove actual damage or even that the documents were classified, only that they relate to US national security.

The Espionage Act was first enacted in 1917 during WWI and was initially used quite oppressively. Modern prosecutions, however, have typically been of spies and careless public or former public officials, and recently, whistleblowers.

Until Julian Assange, the Act was never used against a journalist, and Obama declined to use it against the Australian. In fact, Obama commuted the sentence of Assange's alleged co-conspirator, convicted of leaking the same information. 

Nevertheless, the experiences of Assange and Trump have greatly diverged. Whereas Julian Assange was harassed and persecuted for years before indictment, Donald Trump luckily landed in the court of a judge he appointed, Aileen Cannon, who appears to be auditioning for Trump's next supreme court vacancy.

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Assange: might have beaten the Espionage rap

The conviction of a journalist under the Espionage Act was only certain with a guilty plea; it's not clear the charges would have been upheld in a US court had extradition proceeded. Like Guantánamo, only the use of plea deals with no appeal allows legally-dubious charges to stand. 

In fact, the similarity of the Assange and David Hicks prosecutions is striking. Applying the Espionage Act to Assange's journalism is reminiscent of David Hicks' "war crime" conviction for the invented (later invalidated) "material support for terrorism". 

Sadly, the Pentagon continues its attempts, through guilty pleas, to convert civilian offences (terrorism and conspiracy) into "war" crimes: US-created offences unknown to international huminatarian law and thus not part of the "law of nations" as required by the US Constitution. The inchoate offence of "conspiracy" is one such. 

In 2014, a military commission charged Abd al-Hadi with various charges and in June 2024 accepted his guilty plea for certain ones, including "conspiracy". Al-Hadi did commit war crimes in an international conflict, and he's accountable for those recognised under IHL, but not for the American-concocted "conspiracy".

Al-Hadi's lawyers managed to strip out of his guilty plea all charges except three valid ones: treachery or perfidy; attacking protected property; and attacking civilian objects, plus the invalid conspiracy. 

Meanwhile, Al-Hadi has made history: he seems to be the only person ever convicted at Guantánamo for committing actual, internationally-recognised war crimes that occurred during an international conflict involving the US. 

 READ THE ENTIRE FITCH HERE.

Hope dies last....(con't)

 and by popular request:

HOPE DIES LAST

 I remain optimistic about the future of my country but I must admit sometimes it is hard to so remain!

So let me share this little number with you and remind everyone- democracy is not a spectator sport. So get working if you are not already.

H/O to Peter.

Musical interlude

 Every mother's day for many years I have posted the U2 song "Mothers of the disappeared" and dedicated the song to my Guantanamo clients and the many others taken from their homes never to be seen again-- or at least never to be seen for a long time.

This past mother's day in the U.S. was on May 12th. Coincidently, on that same day, the Algerian Government was bringing charges against my remaining Guantanamo client.  Saeed was being charged with being a member of an unknown terrorist organization.  Although held for more than 20 years Saeed was never charged with any crime by the US. The faulty charge however came from random US documents taken out of context. 

I was too preoccupied with the mess our State department caused in Saeed's case to get my usual mother's day song posted.

Now, Saeed is no longer "disappeared" and although his mother was not alive to see him come home this song is for Saeed.

From Roger Fitch and his friends down under at Justinian

 

Pecker problems

ROGER FITCH ESQ • TUESDAY, JUNE 4, 2024

Trump minting coin from his felony convictions ... Toadies in the bleachers ... Justice Alito flagging his proclivities ... SCOTUS corrupted ... Rule of lawlessness ... More horrible judicial distortions in the pipeline ... Roger Fitch files from Washington 

"The smart play ... would have been to say it doesn't matter whether or not [Trump] had a relationship with Stormy Daniels, because that renders big chunks of the case irrelevant. But character is destiny, and Trump's character is egotistical and combative" - former federal prosecutor, NY Times 

"Trump Undone by the Truth of his Pecker" - ambiguous Emptywheel headline 

Donald John Trump has been convicted on all counts in People of the State of NY v Trump. The offender was charged with falsifying records to cover up another criminal offence. This could be his usual business practice, but in New York, it's a felony.

Lawfare listed what prosecutors had to prove in People v Trump, and the Times listed the 34 counts that were proved. 

Further felony charges against Trump remain and are awaiting trial in Georgia state court (election interference), DC federal court (the January 6 election theft attempt) and Florida federal court (Espionage Act violations), but Trump is already a convicted felon, affecting travel to 38 countries including Australia.

Sadly, Trump won't do the decent thing: drop out. Running is too lucrative. Since his conviction, fresh millions from sucker supporters have flooded in. "Moron", after all, is an Americanism.

The trial itself was uncontroversial, except for the unseemly behaviour of the defendant, who ranted before and after his court appearances, accompanied by an entourage of what one cartoonist called "Trump Chumps and Toadies", i.e, Republican camp followers and vice-presidential aspirants. 

Mob boss: "Benny Eggs" Mangano

Trump may not be an actual mob boss, but he took the precaution of hiring Susan Necheles, a former (unsuccessful) lawyer for the Genovese crime family underboss Venero "Benny Eggs" Mangano. In Trump's trial, Necheles had the unenviable task of cross-examining Stormy Daniels, and it didn't go well. 

The Republican groupies who followed Trump into court each day included the former head of Hell's Angels; a NY criminal gang of yesteryear; the convicted NY City Police Commissioner Bernie Kerik (pardoned by his patron); the crackpot lawyer Alan Dershowitz; the health care plunderer, now Senator, Rick Scott; the theocrat House speaker Mike Johnson; the Trump-convert and Hillbilly Elegy author, Senator JD Vance; the fraud-indicted Texas AG Ken Paxton; and the Indian-American vice-presidential wannabe Vivek Ramaswamy. 

There were so many congressional sycophants that it could have cost the Republicans a close vote in the evenly-balanced House.

Speculative clues to the further adventures of NY v Trump may be found in the Spring Exam set by Cornell Law Professor Michael Dorf for his Federal Courts course.

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READ THE REST HEREHERE.

Guantanamo Survivors Fund... please donate today.

 

Saeed has been acquitted

 Two weeks after Saeed was found guilty of being part of some unknown terrorist organization and sentenced to three years in prison an appellate court reversed the conviction and sent him home.

Of course Saeed has no home. but that is a story for another day.

The U. N. Special Rapporteur's office has been a great help and I like to think that the fact that they are visiting with Algerian officials this week might have something to do with the quick turnaround. 

Saeed's appeal

 Usually appeals take quite long. We have learned that Saeed's appeal will be heard this week- on May 30. This is very quick. We hope that this is a good sign. Time will tell.

The "Intercept" discusses Saeed.

 Sorry for the delay in posting. Star reporter Elise Swain follows up on my client.

FORMER GUANTÁNAMO DETAINEE Saeed Bakhouch was sentenced by a court in Algeria to three years in prison on terrorism charges, Bakhouch’s lawyers told The Intercept.

The May 13 sentencing, on charges made under Algeria’s broad Article 87 anti-terror laws, which can carry the death penalty, came despite assurances from the U.S. State Department that he would be treated “appropriately” and “humanely” after being repatriated after his stint in Guantánamo.

Bakhouch was the most recent Guantánamo detainee to be transferred out of the military prison under the Biden administration, never having been charged with a crime. Bakhouch, his American lawyer Candace Gorman said, was a victim of torture at the hands of the U.S. and slowly deteriorated over his 20 years of arbitrary detention until his release in April 2023.

Read the rest here.

Fellow former Guantanamo refugee writes about Saeed

 Mansoor Adayfi was also held at Guantanamo for many years. He has been a voice for many of the men-

and he has written about Saeed and his plight at the hands of the Algerians after the U.S. State department

dropped the ball on Saeed's case and left him unprotected and imprisoned by the Algerians.

You can support Mansoor by purchasing and listening to his audible collection "letters from Guantanamo"

here.

Trauma Updated

 Shortly after Saeed was convicted of being a member of some unknown terrorist group we learned this information about the men tortured at the black sites. The bottom line is not difficult to understand- these men, like Saeed, have life time trauma from their experience. And now the Algerian government, with the help of the U.S. State department, is inflicting more trauma on Saeed.

I am learning more details of the so-called trial in Algeria and it is heart wrenching. Saeed was forced to relive his trauma and of course nothing he said was believed. 

In the end  Saeed had two good attorneys that worked hard for him. Originally I was not so impressed with his Court appointed attorney but I have learned more about that court appointed attorney and I have revised my opinion of her. 

The other attorney was an attorney who was located by an Algerian attorney in Canada. I understand he is exceptional as well.

I cannot practice law in Algeria, but I have been doing everything I can to help his attorneys. And I will continue to do so. 

But what the fuck State department? You should all be ashamed of yourselves.

Saeed's trial

 My client was convicted by the Algerian Court of terrorism today. They sentenced him to 3 years in prison and took him away. The U.S. state department is responsible for this.

Trial Day for Saeed

 

The State department. Or I guess I should say, my state department, remains incommunicado in regard to the mess it has caused my Guantanamo client. They fucked up the transfer of Saeed by not getting assurances that they are willing to enforce. And I know that if they raised the issue of the assurances the Algerians would surely back down in prosecuting Saeed.

So now Saeed, who spent more than 22 years at Guantanamo without any charges lodged against him and then another seven months in an Algerian prison with charges pending based on unfounded accusations (proved by the fact that he was never charged)  by the United States, now faces a trial today. The hypocrisy is actually staggering but then so is everything about this nightmare for my client.

I prepared an affidavit for my client’s trial since I am unable to go to Algeria for the trial. In preparing the affidavit I reviewed my cleared records (unclassified) and I was reminded just how dishonest my government has been about this man. And they knew they were being dishonest. On the eve of his Habeas Corpus hearing back in 2010 the government changed its entire theory because I was able to show the original theory was false. No problem there. Just change the facts! And the “justice” department played along. And the Judge could have cared less but it is hard to imagine.

And so now I wait to see what the Algerian court will do to my client.

The Talking Dog on a very bad 2024...

 

2024 Keeps Giving

It’s certainly been a while since I’ve posted anything. So we’ll post today, on this, what would be the 87th birthday of TD Dad of blessed memory. Of course, there’s an explanation for the long reticence, besides overall existential angst associated with a planet insanely and dangerously out of balance and, despite his “legal troubles,” the probable coming restoration of Mafia Grover Cleveland, which is of a very personal nature. Unfortunately, the Loquacious Pup is suffering from a rather serious illness, from which we have every confidence that, surrounded with unbelievably wonderful and generous friends and her loved ones and with her own resilience, she will make a full recovery, but we expect her battle with this illness to take most of the rest of 2024. Along the way, by which I mean last weekend, we lost one of our two beloved cats, who finally succumbed to his own longstanding battle with an ironically similar illness, just after his own 15th birthday. That this painful event happened during the Loquacious Pup’s illness is just part of the ongoing horror show that I’ve certainly come to associate with 2024.

From our usual beat, Candace gives us depressing news coming out of North Africa, to wit, that her longstanding client, Saeed Bakhouche of Algeria and formerly of 20 plus years at GTMO, will be put on trial on murky “terrorism” charges in Algeria this Sunday May 12th (Mothers Day in the USA, FWIW).

Read the rest here.

More on my Algerian client

 I will have more on my client and his upcoming trial shortly. However, today the U.N. released this press release:  

GENEVA (9 May 2024) – UN experts* warned today that form(Ier Guantánamo Bay detainee Saeed Bakhouche, now facing terrorism charges in Algeria, would not get a fair trial and risked renewed arbitrary detention.

In April 2022, the United States cleared Bakhouche for release from U.S. Naval Station Guantánamo Bay and transferred him to Algeria in April 2023, under assurances that he would be humanely treated.

“Mr. Bakhouche was arbitrarily detained at the U.S. Naval Station Guantánamo Bay for over 20 years and tortured in U.S. custody,” the experts said. “He was immediately arrested on arrival in Algeria, detained incommunicado and de facto outside the protection of the law, threatened in interrogation and denied legal representation.”

Algeria released Bakhouche in October 2023, but he has been charged with terrorism offences under article 87bis of Algeria’s Penal Code and is due to be tried this month.

“Mr. Bakhouche’s detention and prosecution violate his rights to humane treatment and physical and mental health rehabilitation as a survivor of prolonged arbitrary detention and torture,” the experts said. “Such treatment severely aggravates his tenuous mental and physical state, including post-traumatic stress disorder and depression, and re-traumatises him as a torture victim.”

“His unjustified prosecution, detention on arrival, and imminent likely detention on the basis of these charges contradicts express guarantees by the U.S. and Algeria that he would be humanely treated on return to Algeria”, the experts said. “The U.S. itself has called for repeal of article 87 for its excessive definition of terrorism”.

“Mr. Bakhouche’s prosecution would violate his fundamental right to fair trial”, the experts said. “After 20 years of arbitrary detention and as a victim of torture, Mr. Bakhouche could not receive a fair and public trial in a national security case in an Algerian court, where there is a lack of independent and adequate legal representation. Broader fair trial concerns include the overly broad definition of terrorism offences and the threat that he will be arbitrarily detained in prisons with documented risks of torture and cruel, inhuman, and degrading treatment,” they said.

The experts called for the immediate reconsideration of the charges against Bakhouche, an end to the harmful cycle of re-victimisation and threats of further arbitrary detention, and the prompt protection of his rights, including adequate and tailored healthcare as promised by Algeria and the U.S. when he was repatriated.

“While we welcome the U.S.’ genuine efforts to end detention at Guantánamo Bay, resettling former detainees to their home countries or third countries is only the first step in ensuring long-term safe, humane, and rights respecting futures. Repatriation must not re-traumatise and deprive individuals like Mr. Bakhouche of their fundamental rights,” the experts said.

The experts have been in contact with the Governments of the Algeria and the United States of America on this case.

*The experts: Ben Saul, Special Rapporteur on the promotion and protection of human rights while countering terrorism; Aua Baldé (Chairperson), Gabriella Citroni (Vice-Chairperson), Angkhana Neelapaijit, Grażyna Baranowska and Ana Lorena Delgadillo Pérez, Working Group on Enforced or Involuntary Disappearances; and Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.

For more information and media requests, please contact Michelle Erazo (michelle.erazo@un.org).

For media inquiries related to other UN independent experts, please contact Dharisha Indraguptha (dharisha.indraguptha@un.org).

Follow news related to the UN's independent human rights experts on Twitter: @UN_SPExperts

From Roger Fitch and our friends down under at Justinian

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Bush: limitations

George Bush had to be "re-elected" in 2004, to run out limitations on his first term's crimes before another government could prosecute them. 

He needn't have worried. Barack Obama let all the criminal limitations run, even the five-year ones. Obama's AG also obstructed most civil cases against companies who colluded in CIA crimes, e.g, Mohamed v Jeppesen Dataplan, the Boeing subsidiary that organised rendition flights for the torture program.

A few civil cases e.g, against the CIA contract psychologists who designed the torture regime, and the Pentagon's prison-based contractors, survived, as "state secrets" was not asserted. These cases were allowed to proceed to civil adjudication. 

Two of the contractor cases sprang from the Abu Ghraib torture scandal, a story that broke exactly 20 years ago. 

CACI International, who provided prison interrogators, and the Titan Corporation, who provided interpreters, were outed in 2004. In 2008, the Center for Constitutional Rights brought suit against both companies on behalf of affected prisoners. 

The two companies vigorously fought the cases, claiming the Pentagon was responsible and the contracts conferred immunity. 

In 2013, Titan (now L3 Technologies) settled for $5 million, but CACI fought on, in Al Shimari et al v CACI, claiming the Alien Tort Statute didn't apply. 

Judge Leonie Brinkema denied multiple dismissal motions, and late last year ruled the case could proceed. CCR has the background.

The case began in Virginia federal court on April 15. Although the evidence was damning, the case received little media notice - the trial date was the same as that originally set for Trump's NY fraud case. There was, however, reporting by Voice of Indonesia, Al Jazeera, the Guardian and LA Times. 

The jury deadlocked after eight days' deliberation, and sadly, the case ended in a mistrial. 

READ THE REST OF FITCH HERE.

The other trial...

 While all eyes are on a certain trial in NYC --my eyes are on a trial soon to start in Algeria. A trial where my Guantanamo client, Saeed Bakhouch, who was held for more than 20 years without charge at Guantanamo, is now facing charges relating to the false information that landed him at Guantanamo. I have now learned that the Algerians have threatened Saeed and coerced him to confess his alignment with Al Qaeda. This is a man who was tortured for years by the US government and now they have sent him home without properly insuring his safety.

When Saeed was released from Guantanamo I engaged in several discussions and emails with the US state department to make sure that the Algerians would not take steps to interfere with Saeed's release to his homeland. I was told everything was taken care of and Saeed would be fine. Now the state department washes its hands of anything to do with Saeed....claiming that the assurances given to the state department cannot be enforced.

I am trying to determine if I can get to Algeria for Saeed's trial next month but this too is a difficult endeavor.

more later.