Saturday, May 31, 2014

Yes---Five men released today

As usual the talking dog says it best.
As for me... I am pissed that this soldier spent so many years being held...and these Afghani men spent more than double the time being held...for no reason. Yes, you can look at the CNN or other reports that suggest that these men being released are dangerous but remember- the narrative coming out of the news media is just that-- the military narrative. It only reflects the version put forth by the military and not the facts that were later determined. Why? Because the lawyers representing these men have been muzzled by the Court and because so many of our "journalists" just copy and paste the military's press release rather than do anything like "investigative journalism."
Just sayin....

Monday, May 26, 2014

More on the deaths of the three men at Guantanamo in 2006....

Thisreport details the failure of the Department of Justice (DOJ) to address the dramatic deficiencies in the findings issued by the Navy Criminal Investigation Service (NCIS) in the wake of the deaths on June 9, 2006 of three detainees held at the detention camp in Guantánamo Bay, Cuba.

The NCIS report, issued two years after the deaths of the detainees, essentially rubber-stamped statements made by camp officials about the manner and cause of the deaths of the three detainees before any investigation was conducted, and before any such conclusions could be known. It concealed repeated evidence of tampering with the crime scene, the fact that two of the men had been dead for hours before they were “discovered,” and the fact that the third lived for several hours afterwards, dying while ostensibly under medical care.

Yet, despite new discoveries and two Congressional requests – one made in October, 2009 by Representative William Delahunt (D-Mass.) and a second, in January, 2010 by Representative Anna G. Eshoo (D-Calif.) – the DOJ failed to re-investigate the circumstances of the deaths.

The NCIS report relies on evidence disputed by documents that the Center for Policy & Research Fellows easily obtained through Freedom of Information Act requests. They include official statements by guards who were on duty the night of the deaths, camp transportation records and findings from the autopsies of the three detainees. Among the Center report’s findings:

1. The NCIS secretly ratified the GTMO Commander’s conclusion that the cause of the detainees’ deaths was suicide on June 20, 2006, 11 days after the bodies were discovered. Yet, for inexplicable reasons, the NCIS did not publicly issue its report until 26 months after the deaths, on August 22, 2008.

2. The senior medical officer who declared two of the three detainees dead was never interviewed by the NCIS. In a narrative he prepared on his own, he asserted that the detainees died by means other than suicide by hanging.

3. A guard on the cell block in which the detainees reportedly hung themselves gave a statement to NCIS noting that there were no materials available in the detainees’ cells with which to hang themselves in the manner as rumored prior to the NCIS report’s adoption of that “fact.” That statement is not addressed in the report.

4. Contrary to the NCIS report, a medical escort described how one of the three detainees was actually found alive and, on the ride to the Naval Hospital, was discovered to have a cord still tied tightly around his neck – it had not been removed or loosened when he was ostensibly cut down. In addition, the detainee still showed vital signs though he had allegedly been hanging for two hours before he was discovered. No steps were taken to revive the detainee. The escort also observed a Corpsman tie onto the detainee’s wrists the fabric that the detainees had allegedly tied onto their own wrists as they prepared to hang themselves.

5. With regard to the DOJ’s response to a request for an investigation, the letter to Representative Eshoo was signed by Assistant Attorney General Ronald Weich, sent four months after her request was submitted. He has since claimed he simply signed the letter with no knowledge of the investigation although he was one of those in the copied in a lengthy e-mail thread regarding Representative Delahunt’s earlier inquiry, the subject line for which was, “Heads-up from Rep Delahunt re: GTMO suicide allegations.”

Friday, May 23, 2014

Day of action to close guantanamo

So find a protest near you and get our there.
More here

Friday, May 16, 2014


Yes, what a great idea---close Guantanamo by bringing Guantanamo to the mainland.... the concern that brought me to represent men at Guantanamo and stand up for our Constitution is coming closer to reality:

President Barack Obama reiterated in January his desire to close the notorious Guantanamo prison by the end of this year. Even among those who agree it should close, a surprising number of lawmakers and policy analysts seem to believe that may require creating a new indefinite detention scheme for suspected terrorists here in the United States.
Supporters of these proposals highlight the allegedly intractable problem of some 45 detainees at Guantanamo, and potentially more, whom the Obama administration has insisted since 2009 cannot be convicted on criminal charges, yet are nonetheless too dangerous to release.

It is only a hop skip and a jump before anyone of us could be detained without charge -because we are suspected to be a "terrorist".... more here.

Lyle Denniston has more here.....

Friday, May 9, 2014

Catching up.....

Hot on the heels of Justice Breyer's suggestion that the supreme court might be willing to take a peek at a cert petition if the right questions were asked....I filed a cert petition yesterday for my remaining client and sought to ask the right questions....

Of course my clients case is perhaps too silly for the court's to take seriously---I mean he is accused of being in the wrong guesthouse in Pakistan and studying English...really you can't make this stuff up. So yes, we will detain him forever because he is too dangerous to release but they have no evidence to try him. unless of course someone could just make studying English a capitol offience....geez.

Anyway, getting the supreme court's attention on these cases is pretty near impossible. They refused two additional cert petitions this past month. So I am not holding my breath.

And of course the forever military commission "trials" are doing just fine.... as long as the defense doesn't take too seriously the FBI spying on them.....

So yes, it has been a long time since I updated this blog but as you can see not much has changed.