Dangerous Games

Since November the judges have been moving forward towards the Habeas hearings that the Supreme Court said in June must be promptly held. In some cases we need information from the Government to show that our client is innocent. This is referred to as "exculpatory" evidence in legal circles... evidence that tends to undermine the Governments case. Unfortunately, and especially in these kind of cases, that evidence is usually in the hands of the Government. The Government is "required" to be looking for that evidence and voluntarily tendering it. In the Gitmo cases the Government has established a pattern of hiding the exculpatory evidence from Habeas counsel. As this pattern emerges I think we can expect more Judges, like Judge Sullivan, to come down hard on the Government for hiding information that disproves the Government's cases against our clients (click on the title to read about the case before J. Sullivan). Because we cannot trust the government to do the right thing... which they are legally required to do, many of us have had to conduct our own rather unorthodox (but completely legal) investigations. Like the case before Judge Sullivan I too learned very damaging information about a former guantanamo prisoner who made wild and dangerous accusations against one of my clients. Turns out he made similarly dangerous accusations against countless others at Guantanamo. Now that I have received some background information on this accuser (which I cannot discuss) I can now tell you that the Government has sunk to levels lower than even I could imagine. In fact, from what I know about the case before J. Sullivan the exculpatory evidence that the government has withheld in one of my cases (and in several other cases with the same accuser) is much worse. It is bad enough that severely mentally ill prisoners were held without proper treatment at Guantanamo, however, it is even worse that they were exploited and used by the military to provide accusations justifying the continued imprisonment of innocent men at Guantanamo. But worst of all, is the fact that the Government continues with these dangerous games,is still trying to hide this very damning information and continues to shirk its legal duty to provide exculpatory information.
These attorneys, for whatever reason, have decided that it is more important to continue to try to justify the unjustifiable... the continued imprisonment of innocent men, rather than abide by the rule of law. The Department of Justice is in a shambles and as far as I am concerned they should all be fired and be forced to forfeit their law licenses.

National Geographic Special

I did not watch the program. From what I heard I did not miss much. I was sent this link (click on the title) to a thoughtful review of the program and the general lack of knowledge by the American people... to this day, about what Guantanamo is about and who is and has been held at Guantanamo.

How Long Were the 14 Held At Guantanamo prior to September 2006???

On September 6, 2006 President Bush announced that 14 high valued detainees were transferred from the custody of the CIA to the custody of the Guantanamo authorities. This was a carefully worded announcement to make it sound as if the men were actually moved to Guantanamo on or around that date. As the ICRC report states, some of the men thought they were being held in Guantanamo during at least some of the time that they were being held by the CIA. I believe that the truth is that the men were held at a secret location at Guantanamo and tortured at Guantanamo for a very long time...some for years. I have come to this conclusion in the course of my investigations but unfortunately my sources do not want to go public. If there are individuals out there who are willing to go public please contact me and I will do my best to provide you with whatever legal protections are necessary and available.

Red Cross Torture Report

The actual report, which includes gross misconduct on the part of Guantanamo medical staff, has been released on the New York Review of Books website. Thanks to Charly at the Project to Enforce the Geneva Conventions for the direct link. Click on the title to read it.

Moments like this...

When I read articles like this I remember once again why I chose to be a lawyer.... and why this will always be my profession.

New Seton Hall Report...

http://law.shu.edu/administration/public_relations/press_releases/2009/shl_students_reveal_generals_4109.htm

The Denbeauxs of the famous Seton Hall Report, a study of Guantanamo detainees that refuted many of the governments claims about their capture and crimes,( here is a link to that report :(http://law.shu.edu/aaafinal.pdf ) have released a new report . Above is a link to the press release. The report is clear and not that long . One of the new pieces of incontrovertible evidence in the report is that General Schmidt knowingly lied in his testimony before Congress.

CLICK ON THE TITLE TO GO TO THE NEW REPORT...

Gitmo Lawyer threatened with jail time...

As the talking dog reported yesterday, attorneys at Reprieve have been threatened with jail time for writing to President Obama about the torture one of their clients was subjected to. Click on the title for more...

Bagram will not become the new Gitmo

Many of us were worried that Bagram was to become the new Gitmo with men (and women and children) being moved there from all over the world and held without charge. Judge Bates just made an important ruling and said that those men who were moved to Bagram by the US could challenge their detention in US courts...

Judge Grants Another Habeas Corpus Petition

I believe the score is now 24 out of 28 habeas petitions that have been heard have been granted. Unfortunately almost all of the men who have been ordered to be set free still languish at the hell hole.

Talking Dog Interviews Dick Cheney

Stuff you just cannot make up

From wikipedia: The Universe is defined as everything that physically exists: the entirety of space and time, all forms of matter, energy and momentum, and the physical laws and constants that govern them.

Remember the above when you read this.

America must free the innocent at Guantanamo

I don't know this for sure... but I would guess that I would not agree with many of the things this particular writer has to say... but I agree with this.
Click on the title to read...

Off Topic

Only a little. Since I am here in The Hague I am blogging from the International Conference on Afghanistan for In These Times.... click on the title.

AND JUST IN CASE YOU WERE WONDERING....

Sorry, I meant to post this the other day. Torture is not just illegal and immoral...it is stupid.

Administration Review Team Clears Second Detainee for Release

Yesterday the review teams set up to determine if the men being held at Guantanamo should be released or charged determined that Dr. Ayman Batarfi should be released and they have promised to release him within 30 days. The first prisoner released by the review team was Binyam Mohamed. Click on the title for Carol Rosenberg's report.