Sunday, July 27, 2014

More on the decision by the European Court of Human Rights...

And that is precisely why accountability is so vital to American democracy. We cannot have reached the stage in our development as a country where the very enormity of the government's misconduct becomes its shield against exposure. We cannot, in other words, reward the government for its wrongdoing by promising that only modest and insignificant transgressions will be brought to light. To do so would be to encourage the government to break its solemn faith with us, not by unfortunate and excusable negligence, but by unforgivable and deliberate venality. Our government would then cease to be our servant in any sense that does justice to the word. I cannot believe we have fallen that far.
Reacting to the court's decision, a spokeswoman for the Polish president said it was "shameful for Poland." But Poland at least has the opportunity to make amends, to purge its shame by confronting its past. One day the United States may do the same, but only if Americans demand more of their government. The "overriding point," we should remind our leaders, is not simply "that this program no longer exists."
 Read the entire op-ed by Joe Margulies here.

Thursday, July 24, 2014


If you want to know how the US government decides who to track ---the rule book and a guide to to the rule book can be found here. The short version is that there are no real rules....

 "The Obama administration has quietly approved a substantial expansion of the terrorist watchlist system, authorizing a secret process that requires neither “concrete facts” nor “irrefutable evidence” to designate an American or foreigner as a terrorist, according to a key government document obtained by The Intercept."


For the last few years both the US and Poland have denied what was clearly true--that the US ran a torture compound in Poland. Now the European Court has agreed. You can read more about it here.

Monday, July 21, 2014

More on last weeks En Banc decision

Outside Congress, it seems that no one believes that the military commission system should continue to stand. For twelve years, the system has created nothing but embarrassment for its proponents as the highest-profile prosecutions have repeatedly tripped over their own feet. The first cases have also created waves of fundamental legal challenges. This week's decision simply postponed the most basic issues to be resolved by some future case. That leaves a very real prospect that the 9/11 prosecutions fall apart up on appeal years after trial court proceedings are over, as Bahlul's material support conviction did. The administration wants to try terrorism suspects in federal court for good reason. Congress should not stand in its way

Read the entire article here: Russia

Putin expands the list of people who cannot go to Russia because of their ties to Guantanamo and Abu Ghraib. The list is much too short but it is a start (there is a link to the list in the article) ....I could suggest quite a few names if anyone cares to ask me.
Now, if only more countries would do this!

Friday, July 18, 2014

Snowden and Guantanamo

Let me start out by publicly proclaiming that I will take on the represenation of Edward Snowden if he ever ends up at Guantanamo.....but in all seriousness (he will never be held at Guantanamo) I really hope that Mr. Snowden understands that he will never get a fair trial in these United States....the deck is stacked in favor of the government and Snowden would spend the rest of his life in prison. Ed you cannot come home again, do not trust anything anyone in this godforsaken country/government tells you. Please find a safe and secure home.....

Wednesday, July 16, 2014

Six to be sent to Uruguay?

This deal has been in the works for a long time.... seems Hagel finally got around to approving it. Read more here.

Tuesday, July 15, 2014


Although my blog is blacklisted and banned at the base I hope that the word filters through and my most heartfelt thanks goes to the nurse at Gitmo who refuses to forcefeed the detainees. It takes great courage for a member of the armed forced to refuse an also takes great courage to put your life on the line by going on a hunger strike--- somehow these courageous people came together and said "ENOUGH."
Read more about this nurse who is following his real duties as a nurse here....
and here.....
and here

Monday, July 14, 2014

Al- Bahlul D.C. en banc decision today

Today the much awaited decision by the D.C. full circuit court was handed down. Suffice it to say it raises more questions than it answers. Steve Vladeck has a summary here.

Sunday, July 6, 2014

He Made Life Hell for the Detainees....

At least he is gone now. Good riddens commander Bogdan. May the rest of your life be as miserable as you made the lives of the men at Guantanamo these past few years.

Tuesday, July 1, 2014

From Roger Fitch and our Friends Down Under At Justinian.....

End of term
Wednesday, July 2, 2014
Justinian in Guantanamo, Law of war, Military Commissions, Roger Fitch Esq, Same-sex marriage, US Supreme Court
Supreme Court lets God into the Affordable Care Act ... And strikes down certain compulsory union dues ... At last - a Guantánamo detainee charged with a genuine war crime ... Obama's Taliban prisoner swap ... Whatever you do, don't shoot at an American in a war ... From Our Man in Washington, Roger Fitch 
THE Supreme Court ended its term with a bomb.  
In Burrell v Hobby Lobby, a new class of God-fearing corporations has been allowed to evade – on religious grounds – the contraception coverage that the Affordable Care Act requires in employee health insurance. 
This new-found piety in closely-held corporations is based on the First Amendment's personal religious freedom, but the all-Catholic-male majority put its faith in the Religious Freedom Restoration Act
It's the same RFRA whose protections were denied to Muslims in Guantánamo by the DC Circuit in Rasul v Myers on the basis that Gitmo detainees were not persons in the meaning of the Act (see Fitch of January 22, 2008). 
Thus, some corporations now have personal religious freedoms, while other, flesh-and-blood persons don't.