HOPE DIES LAST

 I remain optimistic about the future of my country but I must admit sometimes it is hard to so remain!

So let me share this little number with you and remind everyone- democracy is not a spectator sport. So get working if you are not already.

H/O to Peter.

Musical interlude

 Every mother's day for many years I have posted the U2 song "Mothers of the disappeared" and dedicated the song to my Guantanamo clients and the many others taken from their homes never to be seen again-- or at least never to be seen for a long time.

This past mother's day in the U.S. was on May 12th. Coincidently, on that same day, the Algerian Government was bringing charges against my remaining Guantanamo client.  Saeed was being charged with being a member of an unknown terrorist organization.  Although held for more than 20 years Saeed was never charged with any crime by the US. The faulty charge however came from random US documents taken out of context. 

I was too preoccupied with the mess our State department caused in Saeed's case to get my usual mother's day song posted.

Now, Saeed is no longer "disappeared" and although his mother was not alive to see him come home this song is for Saeed.

From Roger Fitch and his friends down under at Justinian

 

Pecker problems

ROGER FITCH ESQ • TUESDAY, JUNE 4, 2024

Trump minting coin from his felony convictions ... Toadies in the bleachers ... Justice Alito flagging his proclivities ... SCOTUS corrupted ... Rule of lawlessness ... More horrible judicial distortions in the pipeline ... Roger Fitch files from Washington 

"The smart play ... would have been to say it doesn't matter whether or not [Trump] had a relationship with Stormy Daniels, because that renders big chunks of the case irrelevant. But character is destiny, and Trump's character is egotistical and combative" - former federal prosecutor, NY Times 

"Trump Undone by the Truth of his Pecker" - ambiguous Emptywheel headline 

Donald John Trump has been convicted on all counts in People of the State of NY v Trump. The offender was charged with falsifying records to cover up another criminal offence. This could be his usual business practice, but in New York, it's a felony.

Lawfare listed what prosecutors had to prove in People v Trump, and the Times listed the 34 counts that were proved. 

Further felony charges against Trump remain and are awaiting trial in Georgia state court (election interference), DC federal court (the January 6 election theft attempt) and Florida federal court (Espionage Act violations), but Trump is already a convicted felon, affecting travel to 38 countries including Australia.

Sadly, Trump won't do the decent thing: drop out. Running is too lucrative. Since his conviction, fresh millions from sucker supporters have flooded in. "Moron", after all, is an Americanism.

The trial itself was uncontroversial, except for the unseemly behaviour of the defendant, who ranted before and after his court appearances, accompanied by an entourage of what one cartoonist called "Trump Chumps and Toadies", i.e, Republican camp followers and vice-presidential aspirants. 

Mob boss: "Benny Eggs" Mangano

Trump may not be an actual mob boss, but he took the precaution of hiring Susan Necheles, a former (unsuccessful) lawyer for the Genovese crime family underboss Venero "Benny Eggs" Mangano. In Trump's trial, Necheles had the unenviable task of cross-examining Stormy Daniels, and it didn't go well. 

The Republican groupies who followed Trump into court each day included the former head of Hell's Angels; a NY criminal gang of yesteryear; the convicted NY City Police Commissioner Bernie Kerik (pardoned by his patron); the crackpot lawyer Alan Dershowitz; the health care plunderer, now Senator, Rick Scott; the theocrat House speaker Mike Johnson; the Trump-convert and Hillbilly Elegy author, Senator JD Vance; the fraud-indicted Texas AG Ken Paxton; and the Indian-American vice-presidential wannabe Vivek Ramaswamy. 

There were so many congressional sycophants that it could have cost the Republicans a close vote in the evenly-balanced House.

Speculative clues to the further adventures of NY v Trump may be found in the Spring Exam set by Cornell Law Professor Michael Dorf for his Federal Courts course.

≈   ≈   ≈

READ THE REST HEREHERE.

Guantanamo Survivors Fund... please donate today.

 

Saeed has been acquitted

 Two weeks after Saeed was found guilty of being part of some unknown terrorist organization and sentenced to three years in prison an appellate court reversed the conviction and sent him home.

Of course Saeed has no home. but that is a story for another day.

The U. N. Special Rapporteur's office has been a great help and I like to think that the fact that they are visiting with Algerian officials this week might have something to do with the quick turnaround. 

Saeed's appeal

 Usually appeals take quite long. We have learned that Saeed's appeal will be heard this week- on May 30. This is very quick. We hope that this is a good sign. Time will tell.

The "Intercept" discusses Saeed.

 Sorry for the delay in posting. Star reporter Elise Swain follows up on my client.

FORMER GUANTÁNAMO DETAINEE Saeed Bakhouch was sentenced by a court in Algeria to three years in prison on terrorism charges, Bakhouch’s lawyers told The Intercept.

The May 13 sentencing, on charges made under Algeria’s broad Article 87 anti-terror laws, which can carry the death penalty, came despite assurances from the U.S. State Department that he would be treated “appropriately” and “humanely” after being repatriated after his stint in Guantánamo.

Bakhouch was the most recent Guantánamo detainee to be transferred out of the military prison under the Biden administration, never having been charged with a crime. Bakhouch, his American lawyer Candace Gorman said, was a victim of torture at the hands of the U.S. and slowly deteriorated over his 20 years of arbitrary detention until his release in April 2023.

Read the rest here.

Fellow former Guantanamo refugee writes about Saeed

 Mansoor Adayfi was also held at Guantanamo for many years. He has been a voice for many of the men-

and he has written about Saeed and his plight at the hands of the Algerians after the U.S. State department

dropped the ball on Saeed's case and left him unprotected and imprisoned by the Algerians.

You can support Mansoor by purchasing and listening to his audible collection "letters from Guantanamo"

here.

Trauma Updated

 Shortly after Saeed was convicted of being a member of some unknown terrorist group we learned this information about the men tortured at the black sites. The bottom line is not difficult to understand- these men, like Saeed, have life time trauma from their experience. And now the Algerian government, with the help of the U.S. State department, is inflicting more trauma on Saeed.

I am learning more details of the so-called trial in Algeria and it is heart wrenching. Saeed was forced to relive his trauma and of course nothing he said was believed. 

In the end  Saeed had two good attorneys that worked hard for him. Originally I was not so impressed with his Court appointed attorney but I have learned more about that court appointed attorney and I have revised my opinion of her. 

The other attorney was an attorney who was located by an Algerian attorney in Canada. I understand he is exceptional as well.

I cannot practice law in Algeria, but I have been doing everything I can to help his attorneys. And I will continue to do so. 

But what the fuck State department? You should all be ashamed of yourselves.

Saeed's trial

 My client was convicted by the Algerian Court of terrorism today. They sentenced him to 3 years in prison and took him away. The U.S. state department is responsible for this.

Trial Day for Saeed

 

The State department. Or I guess I should say, my state department, remains incommunicado in regard to the mess it has caused my Guantanamo client. They fucked up the transfer of Saeed by not getting assurances that they are willing to enforce. And I know that if they raised the issue of the assurances the Algerians would surely back down in prosecuting Saeed.

So now Saeed, who spent more than 22 years at Guantanamo without any charges lodged against him and then another seven months in an Algerian prison with charges pending based on unfounded accusations (proved by the fact that he was never charged)  by the United States, now faces a trial today. The hypocrisy is actually staggering but then so is everything about this nightmare for my client.

I prepared an affidavit for my client’s trial since I am unable to go to Algeria for the trial. In preparing the affidavit I reviewed my cleared records (unclassified) and I was reminded just how dishonest my government has been about this man. And they knew they were being dishonest. On the eve of his Habeas Corpus hearing back in 2010 the government changed its entire theory because I was able to show the original theory was false. No problem there. Just change the facts! And the “justice” department played along. And the Judge could have cared less but it is hard to imagine.

And so now I wait to see what the Algerian court will do to my client.

The Talking Dog on a very bad 2024...

 

2024 Keeps Giving

It’s certainly been a while since I’ve posted anything. So we’ll post today, on this, what would be the 87th birthday of TD Dad of blessed memory. Of course, there’s an explanation for the long reticence, besides overall existential angst associated with a planet insanely and dangerously out of balance and, despite his “legal troubles,” the probable coming restoration of Mafia Grover Cleveland, which is of a very personal nature. Unfortunately, the Loquacious Pup is suffering from a rather serious illness, from which we have every confidence that, surrounded with unbelievably wonderful and generous friends and her loved ones and with her own resilience, she will make a full recovery, but we expect her battle with this illness to take most of the rest of 2024. Along the way, by which I mean last weekend, we lost one of our two beloved cats, who finally succumbed to his own longstanding battle with an ironically similar illness, just after his own 15th birthday. That this painful event happened during the Loquacious Pup’s illness is just part of the ongoing horror show that I’ve certainly come to associate with 2024.

From our usual beat, Candace gives us depressing news coming out of North Africa, to wit, that her longstanding client, Saeed Bakhouche of Algeria and formerly of 20 plus years at GTMO, will be put on trial on murky “terrorism” charges in Algeria this Sunday May 12th (Mothers Day in the USA, FWIW).

Read the rest here.

More on my Algerian client

 I will have more on my client and his upcoming trial shortly. However, today the U.N. released this press release:  

GENEVA (9 May 2024) – UN experts* warned today that form(Ier Guantánamo Bay detainee Saeed Bakhouche, now facing terrorism charges in Algeria, would not get a fair trial and risked renewed arbitrary detention.

In April 2022, the United States cleared Bakhouche for release from U.S. Naval Station Guantánamo Bay and transferred him to Algeria in April 2023, under assurances that he would be humanely treated.

“Mr. Bakhouche was arbitrarily detained at the U.S. Naval Station Guantánamo Bay for over 20 years and tortured in U.S. custody,” the experts said. “He was immediately arrested on arrival in Algeria, detained incommunicado and de facto outside the protection of the law, threatened in interrogation and denied legal representation.”

Algeria released Bakhouche in October 2023, but he has been charged with terrorism offences under article 87bis of Algeria’s Penal Code and is due to be tried this month.

“Mr. Bakhouche’s detention and prosecution violate his rights to humane treatment and physical and mental health rehabilitation as a survivor of prolonged arbitrary detention and torture,” the experts said. “Such treatment severely aggravates his tenuous mental and physical state, including post-traumatic stress disorder and depression, and re-traumatises him as a torture victim.”

“His unjustified prosecution, detention on arrival, and imminent likely detention on the basis of these charges contradicts express guarantees by the U.S. and Algeria that he would be humanely treated on return to Algeria”, the experts said. “The U.S. itself has called for repeal of article 87 for its excessive definition of terrorism”.

“Mr. Bakhouche’s prosecution would violate his fundamental right to fair trial”, the experts said. “After 20 years of arbitrary detention and as a victim of torture, Mr. Bakhouche could not receive a fair and public trial in a national security case in an Algerian court, where there is a lack of independent and adequate legal representation. Broader fair trial concerns include the overly broad definition of terrorism offences and the threat that he will be arbitrarily detained in prisons with documented risks of torture and cruel, inhuman, and degrading treatment,” they said.

The experts called for the immediate reconsideration of the charges against Bakhouche, an end to the harmful cycle of re-victimisation and threats of further arbitrary detention, and the prompt protection of his rights, including adequate and tailored healthcare as promised by Algeria and the U.S. when he was repatriated.

“While we welcome the U.S.’ genuine efforts to end detention at Guantánamo Bay, resettling former detainees to their home countries or third countries is only the first step in ensuring long-term safe, humane, and rights respecting futures. Repatriation must not re-traumatise and deprive individuals like Mr. Bakhouche of their fundamental rights,” the experts said.

The experts have been in contact with the Governments of the Algeria and the United States of America on this case.

*The experts: Ben Saul, Special Rapporteur on the promotion and protection of human rights while countering terrorism; Aua Baldé (Chairperson), Gabriella Citroni (Vice-Chairperson), Angkhana Neelapaijit, Grażyna Baranowska and Ana Lorena Delgadillo Pérez, Working Group on Enforced or Involuntary Disappearances; and Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.

For more information and media requests, please contact Michelle Erazo (michelle.erazo@un.org).

For media inquiries related to other UN independent experts, please contact Dharisha Indraguptha (dharisha.indraguptha@un.org).

Follow news related to the UN's independent human rights experts on Twitter: @UN_SPExperts

From Roger Fitch and our friends down under at Justinian

 ≈   ≈   ≈

Bush: limitations

George Bush had to be "re-elected" in 2004, to run out limitations on his first term's crimes before another government could prosecute them. 

He needn't have worried. Barack Obama let all the criminal limitations run, even the five-year ones. Obama's AG also obstructed most civil cases against companies who colluded in CIA crimes, e.g, Mohamed v Jeppesen Dataplan, the Boeing subsidiary that organised rendition flights for the torture program.

A few civil cases e.g, against the CIA contract psychologists who designed the torture regime, and the Pentagon's prison-based contractors, survived, as "state secrets" was not asserted. These cases were allowed to proceed to civil adjudication. 

Two of the contractor cases sprang from the Abu Ghraib torture scandal, a story that broke exactly 20 years ago. 

CACI International, who provided prison interrogators, and the Titan Corporation, who provided interpreters, were outed in 2004. In 2008, the Center for Constitutional Rights brought suit against both companies on behalf of affected prisoners. 

The two companies vigorously fought the cases, claiming the Pentagon was responsible and the contracts conferred immunity. 

In 2013, Titan (now L3 Technologies) settled for $5 million, but CACI fought on, in Al Shimari et al v CACI, claiming the Alien Tort Statute didn't apply. 

Judge Leonie Brinkema denied multiple dismissal motions, and late last year ruled the case could proceed. CCR has the background.

The case began in Virginia federal court on April 15. Although the evidence was damning, the case received little media notice - the trial date was the same as that originally set for Trump's NY fraud case. There was, however, reporting by Voice of Indonesia, Al Jazeera, the Guardian and LA Times. 

The jury deadlocked after eight days' deliberation, and sadly, the case ended in a mistrial. 

READ THE REST OF FITCH HERE.

The other trial...

 While all eyes are on a certain trial in NYC --my eyes are on a trial soon to start in Algeria. A trial where my Guantanamo client, Saeed Bakhouch, who was held for more than 20 years without charge at Guantanamo, is now facing charges relating to the false information that landed him at Guantanamo. I have now learned that the Algerians have threatened Saeed and coerced him to confess his alignment with Al Qaeda. This is a man who was tortured for years by the US government and now they have sent him home without properly insuring his safety.

When Saeed was released from Guantanamo I engaged in several discussions and emails with the US state department to make sure that the Algerians would not take steps to interfere with Saeed's release to his homeland. I was told everything was taken care of and Saeed would be fine. Now the state department washes its hands of anything to do with Saeed....claiming that the assurances given to the state department cannot be enforced.

I am trying to determine if I can get to Algeria for Saeed's trial next month but this too is a difficult endeavor.

more later.