Sunday, June 16, 2013

Media and Entertainment Lawyer to be Obama's special envoy on Guantanamo

I guess this is about as appropriate as we can expect from Obama-

Obama Chooses Lawyer as Guantanamo Closure Envoy

By THE ASSOCIATED
PRESS
Published
: June 16, 2013 at 4:02 PM ET
 
WASHINGTON — President Barack Obama has chosen a high-powered Washington lawyer with an extensive government experience to be the State Department's new special envoy for closing down the prison at the Guantanamo Bay Naval Base in Cuba.
Officials familiar with the decision tell The Associated Press that Clifford Sloan is the pick to reopen the State Department's Office of Guantanamo Closure. The office was closed in January.
The officials spoke on condition of anonymity because he was not authorized to discuss the appointment publicly before a formal announcement Monday.
The move fulfills part of Obama's pledge to renew efforts to close down the prison.
Sloan has served in senior positions in Democratic and Republican administrations and is currently a partner in a Washington law firm. 

Friday, June 14, 2013

THE NUMBER OF MEN TO BE HELD INDEFINITELY-WITHOUT CHARGE or TRIAL- HAS INCREASED

The Bush Obama administration has just increased the number of men to be held indefinitely without charge or trial by approximately 15 men (it might be 18 but it is too hard to figure that part out because of the way the government released the information). The reason for the increase is the simultaneous decision to not go ahead with military commissions for these men- because they do not have sufficient evidence to convict the men in a military commission hearing. Read the story here.
So yes, you are reading this correctly. The military is not going forward with commission charges because they don't have any evidence to support the cases--but not having evidence has not stopped the military from holding men indefinitely without ever charging them with wrongdoing. Why? Because the military has a hunch that these men are terrorists and a hunch is good enough to keep them forever detained. That brings the number of men that the good ole U.S. of A has decided to keep in detention forever without charge to 63.

Wednesday, June 12, 2013

More Troops to Guantanamo

And of course this great country of mine has to deal with the threat from the unarmed hunger strikers so more troops are on their way to the gulag.  Yes, we have lost our way.

43

The number of men hunger striking at Guantanamo who are now being force fed by having a tube inserted through their nose, down the esophagus and into their stomach.

Friday, June 7, 2013

Our noble "leaders" on their tour of the gulag today....



I WILL JUST POINT OUT IN ADVANCE THAT THE NOBLE LEADERS ARE NOT ALLOWED TO SPEAK TO THE MEN BEING DETAINED AT THE BASE AND THEY CAN ONLY LOOK WHERE, AND AT WHAT, THE MILITARY DEEMS APPROPRIATE.... WITH THAT SAID HERE IS TODAY'S PRESS RELEASE:

Feinstein, McCain, McDonough Statement on Guantanamo

            Washington—Senator Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, Senator John McCain (R-Ariz.) and White House Chief of Staff Denis McDonough today released the following statement:

            “We have just completed a tour and briefings of the detention facilities and operations at Guantanamo Bay.  We very much appreciate the support today from Rear Admiral John Smith and the personnel at Guantanamo, and their dedicated service in detaining the 166 individuals here in a safe and respectful way.

            “We continue to believe that it is in our national interest to end detention at Guantanamo, with a safe and orderly transition of the detainees to other locations. 

            “We intend to work, with a plan by Congress and the Administration together, to take the steps necessary to make that happen.” 


Wednesday, June 5, 2013

Today's hearing regarding the new "genital search" prior to attorney visits....


From Legal Times Blog

Lawyers Protest Guantanamo Bay Detainee Search Policy

Lawyers for detainees at the Guantanamo Bay detention center argued today in court that a new policy requiring genital searches of their clients before meetings and phone calls was degrading and part of an attempt to discourage communication with counsel.
U.S. District Chief Judge Royce Lamberth heard argument today on emergency motions filed by the detainees' lawyers to block the new search policy, which also applied to detainees' phone calls with family. Covington & Burling senior counsel S. William Livingston called the policy a situation "where something that isn't broken is being fixed." Much of the 90-minute hearing was sealed.
Lamberth did not rule from the bench and did not give any indication on how he might rule during the public portion of the hearing. The judge previously has struck down attempts by the federal government to change policies governing access to counsel at the detention facility.
The government, Livingston said, hadn't specified why it adopted the new search policy, but he believed it was punishment for a prisoner hunger strike. In the past, he said, officials found other ways to search for contraband, recognizing genital searches were invasive and could represent a violation of detainees' religious beliefs.
Livingston said two client phone calls were recently cancelled and he believed it was because of the new search policy. Given the amount of supervision the detainees are already subject to and the searches lawyers have to undergo to meet with their clients, he said there was no justification for the change; he argued it was especially unnecessary for phone calls. He added that the government had never suggested the detainees' lawyers were a source of contraband.
"This is not the Baltimore City jail," he said, a reference to recent reports of prisoners at that facility receiving contraband. "This is a hermetically sealed environment."
Brent Rushforth of McKool Smith, another lawyer for detainees, read excerpts from letters he received from his clients explaining that they could no longer meet because they did want to go through the "humanly degrading" search, calling it a "horrible development." Rushforth said he had plans to travel to the facility next week, but would be forced to cancel unless Lamberth intervened.
The government did not respond to the detainees’ lawyers until after Lamberth closed the courtroom. In sealing the proceedings, Lamberth explained the government responses would involve information about the detention facility covered by a protective order. After the hearing, U.S. Department of Justice lawyer Ronald Wiltsie declined to comment on the sealed proceedings, which lasted about an hour.
Lawyers for the detainees also declined to talk about what was discussed. Lamberth did not say when he planned to issue a ruling.

Miltary will do nothing to end the strike....

I can't even bring myself to comment on this.

Sunday, June 2, 2013

Open Letter from Detainees seeking independent medical access

30 May 2013


From: Detainee(s) on hunger strike in Naval Base, Guantánamo Bay  An open letter to my military doctor: Allow independent medical access 

Dear Doctor,
I do not wish to die, but I am prepared to run the risk that I may end up doing so, because I am protesting the fact that I have been locked up for more than a decade, without a trial, subjected to inhuman and degrading treatment and denied access to justice. I have no other way to get my message across. You know that the authorities have taken everything from me.

For this reason, I am respectfully requesting that independent medical professionals be allowed into Guantánamo to treat me, and that they be given full access to my medical records, in order to determine the best treatment for me.

You claim to be acting according to your duties as a physician to save my life. This is against my expressed wish. As you should know, I am competent to make my own decisions about medical treatment. When I try to refuse the treatments you offer, you force them upon me, sometimes violently For those reasons, you are in violation of the ethics of your profession, as the American Medical Association1 and World Medical Association2 have made clear.

My decision to go on hunger strike and to endure semi-starvation for over 100 days was not entered into lightly. I am doing it because it is literally the only method I have to make the outside world pay attention. Your response to my carefully considered decision cannot logically lead to the conclusion that your only goal is to save my life—your actions over recent months do not support such an inference.

For those of us being force-fed against our will, the process of having a tube repeatedly forced up our noses and down our throats in order to keep us in a state of semi-starvation is extremely painful and the conditions under which it is done are abusive. If you truly had my best medical interests at heart, you could have talked to me like a human being about my choices, instead of treating me in a way that feels like I am being punished for something.

You must know that your professional overreaction to my participation in the hunger strike has been condemned by no lesser an authority than the United Nations; the Special Rapporteur on Health has stated unequivocally that health care personnel may not apply undue pressure of any sort on individuals who have opted for the extreme recourse of a hunger strike, nor is it acceptable to use threats of forced feeding or other types of physical or psychological coercion against individuals who have voluntarily decided to go on a hunger strike.3

In any regard, I cannot trust your advice, because you are responsible to your superior military officers who require you to treat me by means unacceptable to me, and you put your duty to them above your duty to me as a doctor. Your dual loyalties make trusting you impossible.

For these reasons, our present doctor-patient relationship cannot contribute to resolving the threats to my health that this hunger strike is engendering. You may be able to keep me alive for a long time in a permanently debilitated state. But with so many of us on hunger strike, you are attempting a treatment experiment on an unprecedented scale. And you cannot be certain that human error will not creep in and result in one or more of us dying.

Your superiors, up to and including President Obama, their Commander-in-Chief, recognise that my  death or that of another hunger striker here would have serious undesirable consequences. You have been



ordered to guarantee—with absolute certainty—my survival, but it is beyond your (or perhaps any doctor’s) ability to do that.

I have some sympathy for your impossible position. Whether you continue in the military or return to civilian practice, you will have to live with what you have done and not done here at Guantánamo for the rest of your life. Going forward, you can make a difference. You can choose to stop actively contributing to the abusive conditions I am currently enduring.

I am asking you only to raise with your superiors my urgent request that I be allowed access to examination by and independent medical advice from a doctor or doctors chosen by my lawyers, in confidence, and that those doctors to be supplied with my full medical notes in advance of their visit.

This is the least you can do to uphold the minimum of your oath to “do no harm.” Yours sincerely,


The Detainees on Hunger Strike at Guantánamo Bay Naval Base

(Signed by detainee)

             /s/               Younous Chekkouri, ISN 197 Nabil Hadjarab, ISN 238 Shaker Aamer, ISN 239 Ahmed Belbacha, ISN 290 Abu Wa’el Dhiab, ISN 722 Samir Mukbel, ISN 043
Adel al-Hakeemy, ISN 168 Sanad al-Kazimi, ISN 1453 Mohammed Hidar, ISN 498 (Signed by lawyers on behalf of their clients)


Saturday, June 1, 2013

TWO MEN RELEASED? UPDATED

No official word yet but the rumor is that two men have been released from Guantanamo to their home country of Mauritania. Andy Worthington broke the story here. Let's hope it is true and thank you Andy for all of your hard work covering this American mess.

Seems that a Mauritanian that was being held in our other black hole-Bagram- was released but not the two Mauritanians held at Guantanamo.

Thursday, May 30, 2013

Expedited hearing schedule


Last week I announced the filing of a joint motion by several of the Gitmo attorneys concerning the new policies at the base that are not only offensive (checking the men's genitals when leaving and coming back from attorney meetings and telephone calls) which has been having the desired effect (by the powers to be) of the men cancelling  the attorney meetings and not taking calls from their attorneys. You can read more about those filings here and here.
Yesterday Judge Lamberth set a schedule for the governments response and a hearing on the motions:

Docket Text:
MINUTE ORDER granting [39] Motion to Expedite. After the law clerk's consultation with all parties, and consideration by the undersigned Judge, the Court grants petitioners' motion to expedite and hereby schedules a hearing on the pending motions for counsel access for Wednesday, June 5, 2013, at 10AM. The government shall file its response to the pending motions by Monday, June 3, 2013. Signed by Chief Judge Royce C. Lamberth on May 29, 2013

It would be nice to have a good showing at the hearing-  those of you in the DC area should try to attend.

Friday, May 24, 2013

The Talking Dog on Obama's speech

Well here it is....As promised, the talking dog nails Barrack's speech.
And let me also add my thanks to Medea Benjamin for heckling the president and telling it like it is.
Obama is a coward and a weasel.
He claims the right to assassinate not only his own citizens but innocent civilians around the world.
But somehow he lacks the power to release innocent prisoners held by our country without due process- or any process for that matter.
He touts the rule of law while ignoring it.
His department of "justice" is ...and has been during his entire presidency...out of control-
and now he claims he is going to talk to Holder about it.
Really Barrack?

Thursday, May 23, 2013

"Too Muslim to release, and too dangerous to try."

Yes, a quote from my friend the talking dog....after reading the advance garbage from Obama's speech. I feel confident that the dog will do an excellent job of analyzing tonight's lip-service from Barrack. Here is a short showing of what is to expect from our friend.....

IS COMMANDER BOGDAN UNFIT FOR DUTY?

Military attorneys representing former CIA captives detained in a top secret camp at Guantanamo have called on Secretary of Defense Chuck Hagel to examine whether the head of the prison’s guard force is fit for command.

Col. John Bogdan, the commander of Guantanamo’s Joint Detention Group, has been singled out by the defense lawyers for revamping dormant policies, such as inspections of Qurans and gential patdowns, that gave rise to a hunger strike, now entering its fourth month.....
[SNIP]
Separately, the attorneys, citing a law school investigation, said Bogdan may have perjured himself when he testified before the military commissions earlier this year in Mohammed’s case about secret listening devices designed to look like smoke detectors that were placed in the rooms where attorneys meet with prisoners, but were never turned on. The investigation by Seton Hall University’s Center for Policy and Research concluded that Bogdan’s testimony was inconsistent about what he knew and when he knew it. The Seton Hall report was co-written by former Guantanamo guard Joseph Hickman.
“While Seton Hall’s finding are sufficient grounds to examine COL Bogdan’s fitness to command the Joint Detention Group, his leadership should warrant further scrutiny based on the rapidly deteriorating conditions under his command and his heavy-handed response to the current hunger strike,” the attorneys wrote.

READ THE COMPLETE ARTICLE HERE.

Jason Leopold has more (on yesterdays filings)

Attorneys defending more than a dozen Guantanamo prisoners have asked a federal court judge to immediately suspend a new policy enacted at the detention facility over the past month that requires the prisoners to submit to a genital search when they exit the camps to speak with their lawyers and return to their cells. 

In an emergency motion filed late Wednesday in US District Court for the District of Columbia, attorneys for Yemeni Saeed Mohammed Saleh Hatim and 12 other prisoners argued the intent of the new policy was to deny their clients access to counsel and was implemented in retaliation for a mass hunger strike the prisoners have waged since February. 

The filing also includes declarations from attorneys alleging prisoners have been subjected to psychological abuse in the form of solitary confinement, stress positions, sleep deprivation and temperature manipulation.

"Things are very hard in the extreme," Yemeni prisoner Bisheer al Marwalah told his attorney, Erin Thomas, according to a declaration she filed. "We no longer have any respect in this prison. They don't respect our life, our dignity, they don't respect our religious feelings ... As for tomorrow, we have no idea what it will bring." 


READ THE REST HERE....

Wednesday, May 22, 2013

Filings today related to the continuing torture of our clients......

So today my colleagues in the Gitmo bar filed an emergency motion for access to our clients concerning the ongoing problems caused by the military that led our clients to the current hunger strike. Because the military has used the hunger strike as a vehicle to interfere with our representation we are once again asking-probably in vein - that the federal court stop being a door mat to the government/military and actually do something to show to both our clients and the world that we still have a judicial system in these here United States of America ----

Any guesses as to what will happen next????

New Detainee Filings on GTMO Counsel Access Issues

By Wells Bennett
Wednesday, May 22, 2013 at 9:22 PM
Today, counsel for Saeed Mohammed Hatim filed an “Emergency Motion Concerning Access to Counsel,” both in the Yemeni detainee’s recently reactivated habeas action, and in In Re: Guantanamo Bay Detainee Continued Access to Counsel, a separate matter on the district court’s miscellaneous docket. In the latter, the filing was made both on Hatim’s behalf and that of various other detainees, who suffered or might suffer infringements on their counsel access rights.
The gist of the motion—which cites a number of declarations and exhibits—is that certain GTMO protocols, including body search procedures, chill detainees from meeting with lawyers. From Hatim’s filing:
Most Guantánamo detainees are held in two closely-adjacent prisons, known as Camp 5 and Camp 6. (The so-called “high value” detainees are held in a separate facility.) Historically, counsel have met with their clients either in Camp 5 or Camp 6, i.e., in the prisons where they are being held, or in a separate nearby facility known as Camp Echo. Ex. A, Declaration of David H. Remes, ¶ 5 (“Remes Dec.”). Camp Echo contains huts where meetings between detainees and counsel can take place. Compared to meetings in Camp Echo, meetings with counsel in Camp 5 or Camp 6 are more convenient for the detainee and the prison staff because they do not require that the detainee be transported by van from his prison camp to Camp Echo. Detainees have telephone calls with their lawyers in another facility, Camp Delta. Id.
Counsel for Hatim travelled to Guantánamo in late April 2013, to meet with Hatim and other clients. Ex. A, Remes Dec. ¶ 9. The meeting with Hatim was to take place on May 1, two days before a prehearing conference in Hatim’s habeas case. Among other things, counsel ntended to consult with Hatim concerning his newly-reactivated habeas case. Id. The Government scheduled the meeting for Camp Echo, which would require that Hatim be transported by van from his cell in Camp 6. Hatim reported that he would meet with counsel in Camp 6, but not at Camp Echo. Id. ¶ 10. Counsel was ready, willing and able to meet Hatim in Camp 6, but the Government refused, stating that it would not allow meetings in Camp 6 “in any circumstances.” Id. ¶¶ 11–12.
The Government neither then nor now has provided any justification for its refusal to allow Hatim to meet with his counsel in Camp 6, which constituted a reversal of long-standing practice.
As explained below, detainees have substantial reasons for not meeting in Camp Echo, and it is now clear that many detainees will forgo counsel access rather than meet in Camp Echo or have telephone calls in Camp Delta.
First, as has widely been publicized, there is an ongoing hunger-strike at Guantánamo, involving up to two-thirds of the non-“high value” detainees. As a result, many of the prisoners are physically weak and debilitated; indeed, at least 30 have gotten so close to death that they are being force-fed through a tube shoved through the nose and down into the stomach. See Exs. A–G. (declarations of detainees’ counsel). In these conditions, a trip to Camp Echo or Camp Delta in a van may be so painful that a detainee will decline to speak with counsel rather than to take the trip to Camps Echo or Delta. The Government has recently made the trip even more painful because it has begun using a smaller van, which forces the detainee, while shackled, to be in a crouched stress position. Ex. A, Remes Dec. ¶¶ 29–34; Ex. G, Declaration of Anne Richardson (“Richardson Dec.”) ¶ 9.

Second, and perhaps more importantly, the procedure for a trip to Camp Echo has recently been changed in a highly significant way. Under the new policy, any trip to Camp Echo (or Camp Delta) requires an intrusive body search of the detainee, which involves touching and holding a detainee’s genitals and buttocks. Ex. A, Remes Dec. ¶¶ 14–18. Detainees are searched in this manner at least twice for each trip that they take from Camp 5 or Camp 6, and a guard told one detainee that he would be subjected to four genital searches for each trip to Camp Echo or Camp Delta to talk with his lawyer. Ex. B, Declaration of Jennifer R. Cowan (“Cowan Dec.”), ¶¶ 7–8, 12. The Government had previously recognized that such searches offend and humiliate Islamic detainees and had banned them at Guantánamo: “Due to cultural sensitivities, modified frisk searching procedures are in place that respect the detainee’s groin area, and guards are not allowed to conduct frisk searches of this area. Guards are limited to grasping the waistband of detainees’ trousers, and shaking the pants.” Ex. A, Remes Dec. ¶ 37 (quoting Review of Department Compliance with President’s Executive Order on Detainee Conditions of Confinement, at 25 (2009)). The new search procedure, however, “does include the buttocks and groin area” and applies whenever a prisoner leaves his camp to go to another facility, such as Camp Echo or Camp Delta.2 It is obvious that the new search procedures, another reversal of long-standing practice, are intended to be an obstacle to counsel access. See Ex. A, Remes Dec. ¶¶ 15–18; Ex. B, Cowan Dec. ¶¶ 10–16; Ex. C, Declaration of Erin Thomas (“Thomas Dec.”) ¶ 9; Ex. D, Declaration of Darold W. Killmer (“Killmer Dec.”) ¶¶ 7, 13–14.