Saturday, September 24, 2022

Lybian Ismail al Bakush cleared for release

Mr. Bakush was arrested at the same time as my remaining client.  There is a lot of irony here as the confusion of names will continue until all of the material  surrounding these arrests is cleared and examined. This Mr. Bakush was cleared for release this past week.

From Carol Rosenberg at the New York Times.  link here.


 WASHINGTON — A national security board on Friday cleared a Libyan man who has been held at Guantánamo Bay without charge for 20 years to be transferred to another country if one can be found to take him, continuing the Biden administration’s effort to reduce the detainee population at the U.S. Navy base in Cuba.

The decision in the case of Ismail Ali Faraj Ali Bakush, 54, means that diplomats are now seeking to reach security agreements for the transfer of 22 of the 36 men currently held as law of war prisoners at Guantánamo.

Mr. Bakush is the last so-called low value prisoner being held as an indefinite detainee in the war on terror that began in response to the Sept. 11, 2001, attacks. In an apparent nod to the instability of Libya, the Periodic Review Board — an interagency group with representatives from the Pentagon, the intelligence agencies and various cabinet agencies — recommended that he be transferred to a third country “with strong rehabilitation capabilities,” integration support and a willingness to monitor his activities and restrict his travel.

Mr. Bakush was arrested in Lahore, Pakistan, in May 2002 and sent to Guantánamo Bay three months later. A U.S. ntelligence report  from January described him as an explosives expert who “probably provided operational support to key Al Qaeda figures.” At Guantánamo, he was held as a member of the Qaeda-affiliated Libyan Islamic Fighting Group, which the State Department designated as a terrorist organization from 2004 to 2015. 

Friday, September 23, 2022

From Roger Fitch and our friends Down under.. at Justinian

 Trump's attempted document theft ... Missing pages from confidential files ... Trouble for former president's lawyers ... Patsy judge's flawed reasons ... State judges up for election in November ... Republicans working on the judicial stack ... From Our Man in Washington, Roger Fitch 

"Plaintiff has no property interest in any Presidential records (including classified records) seized from the Premises. The Presidential Records Act provides ... that '[t]he United States shall reserve and retain complete ownership, possession, and control of Presidential records' ... Plaintiff [does not] offer any ... colourable argument that he has a property interest in any Presidential records seized ... Plaintiff's Motion, in fact, asserts that '[t]he documents seized at Mar-a-Lago ... were created during his term as President' ... precisely the types of documents that likely constitute Presidential records. 

Because these records do not belong to Plaintiff, [he has] no right to have them returned. And because Plaintiff has no such right, this Court should not appoint a special master to review Presidential records for the purpose of entertaining potential claims of executive privilege ... the former President cites no case ... in which executive privilege has been successfully invoked to prohibit the sharing of documents within the Executive Branch." - US responseTrump v US

Even if Donald Trump escapes punishment for e.g, insurrection, he must be guilty of something: consider the example of the American gangster Al Capone, undone by Internal Revenue. While tax evasion is likely among Trump's countless crimes, his downfall may be the National Archives (NARA), wielding the Presidential Records Act.  

After Trump left the White House, NARA discovered that important official papers belonging to the Archives were missing, and asked for their return. When the requested documents were not provided, but lied about ("only news clippings"), moved about and hidden, the Justice Department was called in.

After months of Trump obstruction, DOJ obtained a search warrant for Trump's hotel-home, Mar-a-Lago, and retrieved a sizable tranche of government papers, many secret and/or highly classified, that the ex-president had secreted and retained. 

damning affidavit supported the government's search, which yielded "sensitive" documents afterwards compared by Trump lawyers to "overdue library books". 

American media initially stressed the "unprecedented" search by the FBI of (gasp) a former president's home, assuming some deference was due. That changed when 11,000 government records were found in Trump's possession and 90 empty folders, half of which were marked confidential.

What's actually unprecedented is the wholesale theft of government documents by an outgoing president, 320 of them classified. Sensitive government documents may have disappeared


READ THE REST HERE.

Sunday, September 18, 2022

tiny steps.. but steps.

 The military's chief prosecutor in the Guantanamo military trials has taken the prosecutor who was advocating for the death penalty in the USS Cole bombing case off the case. Read more here.

Don't even ask how the Cole bombing which occured in October 2000 became part of the September 11th roundup....

Monday, September 12, 2022

NEVER FORGET

 


Sunday, September 11, 2022

9-11, 21 years in...... no hope in sight for my remaining client.

 Every year on this day I turn to my friend the talking dog... who had the misfortune to be in NYC on that day-- and very close to ground zero.


Thursday, September 8, 2022

musical interlude

well at least she finally apologized for these particular horrors.... 



Sunday, September 4, 2022

musical interlude..

 Happy labor day. 



Art will be confiscated if you are so fortunate as to get out...

 Several of the remaining prisoners have turned to creating art to pass the time. And the art work is quite good-- and quite telling. I guess that is why the powers do not want the art work to leave with the men.

More here.

Friday, August 19, 2022

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

 

Primary colours

Democracy US-style ... November elections where Big Lie candidates abound ... Key states in the grip of Trump-nominated electoral officials ... Hundreds of new state laws to reshape the vote ... GOP plan for permanent minority government, with assistance from the Supreme Court ... Trouble in wait for Republicans' Pravda ... Roger Fitch's reports from our Washington bureau  

President Biden has had a legislative victory, despite Democrats struggling with a small house majority and not-quite-majority senate. The upper house, in nominal Democrat control, has been held hostage by Senators Joe Manchin and Kyrsten Sinema

Republicans had come to rely on the two "Blue Dog" Democrats to obstruct Biden's legislative agenda, and were taken by surprise when the two voted for a reduced remnant of the key Democrat infrastructure bill, the optimistically-renamed Inflation Reduction Act.

There were liberal jokes that Manchin had shocked Republicans by revealing he's a Democrat, but the conservative Bulwark was all praise for Manchin's manoeuvres

≈   ≈   ≈

The party pre-selections for this year's November elections are now largely complete in US states, and it's clear the paranoid fringe is becoming the party establishment in most Republican-controlled states, where Donald Trump's election-denying supporters have chosen the nuttiest, coup-supporting, election-liars among their party's appalling range of candidates - some of whom received covert Democrat assistance. 

The Democrats' controversial gamble assumes that genuinely crazy "MAGA-loon" candidates will repel independent voters and be easier to defeat in November; Republicans meddle in Democrat primaries for opposite reasons, spending to defeat progressive opponents. 

The tactic may be working for Democrats in deep-blue Maryland, where the craziest Republicans standing for governor and AG have won pre-selection, and it may work elsewhere, now that the contents of Donald Trump's safe have been revealed.

Already-tainted Republicans, like Wisconsin's Ron Johnson, perhaps the most detested US senator (after Ted Cruz) and an unashamed insurrectionist, could lose to a centre-left Democrat, Lt Governor Mandela Barnes, although Wisconsin remains emblematic of America's two-party decline. 

There's a danger in newly-minted Republican cranks, e.g, in Pennsylvania, where the TV personality Dr Oz (Mehmet Oz) could win a senate seat. 

Missouri's senate primary perplexed Trump cultists, as their hero couldn't decide which of two dreadful Erics to support: the disgraced former governor and wife-beater Eric Greitens, or the current AG, Eric Schmitt, who joined in frivolous and baseless lawsuits to overthrow the 2020 election - (Schmitt won). 

A greater worry: the number of overtly partisan candidates for "secretaries of state", i.e, state election administrators. Big Lie candidates for such offices dominated this year's Republican primaries. 

Using the "stolen elections" pretext, candidates for state election administrators obliquely promised to throw the November elections for Republicans, and many of these candidates won party pre-selection.

Alarmingly, Republicans in Arizona, Michigan, Nevada and Pennsylvania chose Big Lie candidates for offices that regulate or rule on elections, based on the hope they would conduct elections for the benefit of Republicans. These nominees will be well-placed to tamper with the presidential vote in 2024 if they win office this November. 

READ THE REST HERE.

Wednesday, August 10, 2022

You really cannot make this shit up

 In today's news one of the detainees is seeking release- he has been cleared and the Judge is holding the government's feet to the fire to get him out of Guantanamo. The prisoner Majid Khan says that he is being held in solitary confinement and this is what the government said in response:

According to the Biden Justice Department, Majid Khan is not held in solitary confinement because he “socializes with F.B.I. agents, prison guards, military lawyers and top prison officials during ‘religious feasts, social meetings and meetings regarding detention-related issues,’ Colonel Jemmott said in an affidavit.”

oh man. The guy would probably prefer solitary confinement than to be "socializing" with those guys...

read the rest here.

Friday, July 29, 2022

just a little fact... missing

 Seems that one of the prisoners facing the death penalty reported that he was water boarded while being interrogated but that little detail was left out in official reports...Carol Rosenberg at the New York Times reports :

GUANTÁNAMO BAY, Cuba — A prisoner accused of plotting Al Qaeda’s bombing of the U.S.S. Cole warship in 2000 told federal interrogators years later that he was waterboarded by the C.I.A., an interpreter testified Thursday. But that detail was omitted from the official account of the interrogations that prosecutors want to use at his death-penalty trial as evidence that he confessed.

At issue in the hearings is whether the military judge will accept a 34-page memo written by agents who questioned the prisoner, Abd al-Rahim al-Nashiri, at Guantánamo Bay for three days in early 2007. The account of the interrogation is considered critical trial evidence. Defense lawyers say it is tainted by torture and want it excluded.

“He talked about the waterboarding,” said John J. Elkaliouby, who worked for the F.B.I. as an Arabic linguist from 1994 to 2015. “He said, ‘I was waterboarded by the C.I.A.,’ and I reported that to the whole team.”

read the rest here.

Tuesday, July 26, 2022

Time for a musical interlude--

 and what could be better than Joni Mitchell -- after 20 years of no public singing...







Sunday, July 10, 2022

From Roger Fitch and our friends down under at Justinian...

 

The Revolutionary Tribunal

The US Supreme Court has become a Republican law enforcement tribunal ... Abortions, guns, religion, environment ... Cherry-picked legal reasoning ... Historical inaccuracies ... Worse to come ... Same sex marriage in Texas ... Washington correspondent Roger Fitch files 

"[I]n future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold [contraception], Lawrence [same-sex relationships], and Obergefell [gay marriage] ... Because any substantive due process decision is 'demonstrably erroneous' ... we have a duty to 'correct the error' established in those precedents".
Clarence Thomas, concurrence overruling Roe v Wade. 

"The majority has overruled Roe and Casey for one and only one reason: because it has always despised them, and now it has the votes to discard them. The majority thereby substitutes a rule by judges for the rule of law." 
Dobbs dissent

"They did it because they could. It was as simple as that."
Linda Greenhouse.

The supreme court's first full term with three Trumpistes ended with a week from hell.

No longer a court, it's become a revolutionary tribunal, a Comité de Salut Public of six instead of twelve. 

Six radical justices, led by Alito and Thomas, achieved a trifecta: public funding for religious schools (the First Amendment separation of church and state notwithstanding), unlimited guns on the streets of "blue" states (despite long-standing regulations in those states) and then, the greatest prize of all for dutiful evangelicals and right-wing Catholics, the end of legal abortions in Republican-ruled states, whether regulated, medically-required or any other reason, including rape and incest.


READ THE REST HERE.

Tuesday, July 5, 2022

more on the first plea deal for a "high value detainee"

 As we approach another grim milestone in Guantánamo’s history — 20 and a half years of its existence, on July 11 — there is, at least, some mildly positive news from the prison’s largely dysfunctional military commission trial system, where Abd al-Hadi al-Iraqi, a “high-value detainee,” and one of the last prisoners to arrive at Guantánamo, in April 2007, recently agreed to a plea deal that could see him leave the prison by 2024.

read the rest here.

Sunday, July 3, 2022

July 4th... sigh.