From Roger Fitch and our friends down under at Justinian.

 Republicans seem to regard the January 6 coup attempt as a dress rehearsal for another (successful) Putsch, and their pseudo-legal sedition continues, e.g, in US courts. A Democracy Docket report details an extensive attack on democracy through extensive litigation brought by Republican election deniers and vote suppressors. Thus far, the courts have protected democracy.

The full report of the January 6 Committee has now been released, although both the New Yorker and Washington Post  identified significant omissions, e.g, the role of social media.

The report's executive summary stated a devastating case against Donald Trump, in 17 specific findings, referring four criminal charges against Trump to the Attorney General. Also referred: Trump's lawyer, the troubled John Eastman.

No other dodgy lawyers were referred, but many lawyers' testimony was revealed, both as subjects and witnesses; the executive summary also alluded to unlawful interference in the committee's activities by legal counsel for some witnesses. 

Some lawyers are already being investigated by DoJ: in a DC proceeding, a federal court unsealed documents that incriminate several lawyers, including drafts of an autobiography the DoJ quisling Jeffrey Clark is writing, more here. 

MORE HERE.

Ted Olson on Guantanamo

 

This excerpt is from an op-ed in the wall street journal by Theodore B. Olson. The whole op-ed is worth reading (but it is behind a paywall). You can read the entire op-ed if you have a subscription (but why would you???).  

In retrospect, we made two mistakes in dealing with the detained individuals at Guantanamo. First, we created a new legal system out of whole cloth. I now understand that the commissions were doomed from the start. We used new rules of evidence and allowed evidence regardless of how it was obtained. We tried to pursue justice expeditiously in a new, untested legal system.

It didn’t work. The established legal system of the U.S. would have been capable of rendering a verdict in these difficult cases, but we didn’t trust America’s tried-and-true courts. In the 20 years since this ordeal began, no trial has even begun. There have been years of argument in pretrial hearings, which have produced no legal justice for the victims of 9/11. Instead of helping Americans learn more about who carried the attacks out and why, they have produced seemingly endless litigation largely concerned with the treatment of detainees by government agents and the government’s attempts to suppress certain information.

Our second mistake was pursuing the death penalty through the commissions. Death-penalty cases are the most hotly contested legal proceedings, given their irreversible nature. We doomed these newly created commissions to collapse under their own weight.

Attorney Olson was solicitor general at the time of the early legal battles relating to Guantanamo. He lost most of the bogus arguments he made on behalf of the government. It is nice to have attorney Olson recognize that habeas counsel were correct when arguing that the military commissions have no place in our legal jurisprudence. Too bad it took him 20 years to admit it. However, it did not require a great legal mind to come to that conclusion. It was a no-brainer. What attorney Olson does not mention in his op-ed is the reason why a new legal system needed to be created. The reason that the commissions were created "out of whole cloth" is that none of these men would have been convicted had they been tried in our federal courts. Our government (CIA, FBI, DOD, DOJ) screwed up any potential that these cases could have been tried in our federal system not only because of the torture of the men but because of the lack of any credible evidence that could have been utilized in federal proceedings. Not only was evidence compromised in the collection process but also most, if not all, of the evidence contained no indicia of reliability. This was a sham process to try to get around the fact that there was no reliable evidence to convict these men.

Slowly but surely... if we are lucky, the truth will come out.

h/o to Eric for sending.

Majid Khan released to Belize

Congrats to Mr. Khan and the lawyers that worked so hard on his behalf these 16 years:

February 02, 2023, Belize City, Belize – Today, more than 16 years after he was brought to Guantánamo Bay and almost a year after he completed a military commission sentence there, pursuant to a plea and cooperation agreement with U.S. authorities, Majid Khan was transferred to Belize.  He is the first of the prisoners transferred from secret CIA detention to Guantánamo in September 2006 to be released, and the first third-country resettlement by the Biden administration. Mr. Khan and his legal team are deeply grateful to Belize for offering him a chance to begin a new life.

Carol Rosenberg at the New York Times has more here.

No Surprises Here- Lindsay Graham is a hypocrite.

 Lindsay Graham has long been one of the strongest supporters of keeping Guantanamo open. He staunchly rejected any attempt to bring the men at Guantanamo to the US to face criminal charges in an actual court of law. He is a major part of the problem that has led to men like my client being held at Guantanamo for more than 20 years without charge.

The New York Times is now reporting that Graham was in favor of federal trials for these men while trump was president but now is back to opposing federal trials. Why? Because he does not want the prison closed and he felt confident that trump would never close the prison. He does not have that same confidence when it comes to Biden. sigh. 

Read more here.

The Long and Winding Road

 

In the name of love...

 New version:

Rev. Dr. MARTIN LUTHER KING JR.

 On this day many of us celebrate the life and legacy of Rev. King. Too many of us do not.

If you have a moment take the time to read Rev. King's letter from the Birmingham jail. It will not take long to read.

The Talking Dog on the 21st anniversary

 The dog has been with my clients since soon after I signed on and I have been on 16 + years. Sigh. 

Read what the dog has to say here. 

yes Guantanamo is still open

 Today begins the start of year 22. There is no end in sight for the 45 men still imprisoned.  Most of the men are like my client and have never been charged with anything. Try to wrap your head around that. Never charged but locked up at our gulag for all of these years and many Americans do not even know the place is still open. 

Here's hoping....

 

Support the Guantanamo Survivor Fund

 All funds received through the end of the year will be matched. For some of the men this is the only support they have had or will have. And life for these men and their families has been pretty awful.

so, if you have any spare money consider supporting the survivors of Guantanamo. Click here for more.

FOR OUR FRIENDS IN THE UKRAINE

 HOPING FOR A MORE PEACEFUL 2023:

part 2

 

christmas time in the U S of A

 

FROM ROGER FITCH AND OUR FRIENDS DOWN UNDER AT JUSTINIAN....

 The stolen documents saga ... The attempted coup ... Legal problems piling up for Trump ... 70 million people in America still believe the dangerous fantasies of a disturbed mountebank ... Criminal servitude beckons ... Roger Fitch reports from Washington 

"No other president has refused to concede that he lost an election, attempted a coup and incited an insurrection and then stolen hundreds of government secrets on his way out the door. He always says there's never been anyone like him, and it's true." - Salon

"Would he really give, say, Kim Jong-Un the names of undercover intelligence agents operating in South or North Korea, thus guaranteeing their assassination? If it meant fending off an indictment, he would ... they're sitting around at Main Justice asking themselves how many assets' lives they might be risking by indicting Trump." - New Republic 

In September, it seemed a tipping point had been reached in the legal pursuit of Donald Trump, with the filing of the NY Attorney General's "monumental" civil enforcement action against Trump, his family, and his corporate organisations. 

His accountants Mazars and banker Deutsche Bank have both parted company with their deadbeat client and provided evidence against him; Paris-based Mazars is probably used to official requests for the accounts of crooked politicians.

The man has so many stolen documents that Just Security set up a "Mar-a-Lago Clearinghouse" one can consult.

Even so, just after the elections, Donald Trump announced with astounding chutzpah that he's standing for president again. As Karl Marx observed, historical facts and figures appear twice, first as tragedy and then as farce. 

Trump proclaimed his candidacy in the glitzy ballroom of his Florida home, an estate as tasteless and garish as the man himself. Ivanka and Don Junior were missing, but the disgraced ex-president was bucked-up by the puzzling presence of the Western Australian mining billionaire Gina Rinehart.

If he succeeds, it will be only the second time an ex-president has managed a second term.

So far, it's all been downhill. 

One investigation in particular - the January 6 insurrection - seems to be moving forward at the Justice Department. Will there be indictments? It seems likely, and for the document heist there's even a model prosecution memo to peruse here. 

In addition, the January 6 committee is winding up its investigation and on December 21 will release its final report in which a number of people will be referred to DoJ for criminal prosecution. 

Many wonder why US AG Merrick Garland hasn't already indicted the principal offender, Donald John Trump. One explanation may have been the AG's wish to avoid filing charges so close to a congressional election. 

In response to Trump's 2024 announcement, AG Garland has appointed a special counsel. Jack Smith, presently Chief Prosecutor of Kosovo war crimes at The Hague, is a man who should be able to find where Trump has buried the bodies, or documents.  

The ex-president is still in legal peril for the latter, although DOJ is said to believe he stole government documents to gratify his unbounded ego - a mere narcissistic hoarder - rather than for the more plausible purposes of blackmail, treason or cash.

READ THE REST HERE.