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Guantanamo

December 8, 2009
Scott Horton on the Seton Hall Review of Guantanamo Deaths
On Countdown with Keith Olbermann, Scott Horton examined the report released by Seton Hall University on three "suicides" of Guantanamo detainees in 2006.

"The task that the Seton Hall authors took upon themselves was to review the work that was done by the military investigators, not to do their own investigation," said Horton. "And I think they demonstrate conclusively that the military investigation was profoundly flawed, that it rushed to judgments that really weren't supported by the evidence."

"We need a new, serious investigation," Horton concluded.

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Access to Justice, Executive power, Prison policy/incarceration, Rights of detainees, Criminal Justice, Separation of Powers and Federalism, Guantanamo, Keith Olbermann, Military Law, Scott Horton
December 7, 2009
National Security, Civil Liberties Roundup
Suspicious Deaths at Guantanamo: Jeralyn, at TalkLeft, outlines a new report calling into question three detainees' "suicides" at Guantanamo in 2006.

Three Guantanamo Deaths; Three Takes: By Glenn Greenwald, Marcy Wheeler and Scott Horton.

Protest of KSM Trial: New York City played host to a protest, this weekend, of the domestic trial for Khalid Shaikh Mohammed and other suspects, recently announced by Attorney General Eric Holder.

Explaining Resistance to Domestic Terror Trials: Dahlia Lithwick and Adam Serwer take stabs at understanding opposition.

Mumbai Terror Suspect Charged: The Justice Department announced charges against former Drug Enforcement Agency cooperator David Headley.

Movin' On Up?: The federal government appears likely to purchase the Thomson Correctional Center in Illinois for housing Guantanamo detainees.

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Access to Justice, Rights of detainees, Criminal Justice, Attorney General Eric Holder, David Headley, DEA, DOJ, Guantanamo, Khalid Shaikh Mohammed, Mumbai Attacks, Thomson Correctional Center
December 2, 2009
1998 Embassy Bombing Suspect Moves to Dismiss Indictment
After 57 months, the case against Ahmed Ghailani (pictured) should be dismissed, his lawyers say. In a motion filed under seal last month, and just released in part yesterday, Ghailani's attorneys argue that Ghailani's right to a speedy trial was violated, unduly prejudicing the case against him.

Ghailani faces 286 counts for his alleged involvement in the 1998 bombings of U.S. embassies in Kenya and Tanzania. He was included among almost two dozen suspected terrorists in a broad indictment against those who would kill Americans "anywhere in the world, including in the United States." The indictment also targets Osama bin Laden, and may be extended to Khalid Shaikh Mohammed, should prosecutors seek to have his trial overseen by the same judge assessing Ghailani's case.
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Access to Justice, Other courts, Prison policy/incarceration, Rights of detainees, Search and seizure/Fourth amendment, Criminal Justice, Separation of Powers and Federalism, 1998 Embassy Bombings, Ahmed Ghailani, Black Jails, Guantanamo, Khalid Shaikh Mohammed, Marcy Wheeler, Osama bin Laden, Torture
November 30, 2009
National Security, Civil Liberties Roundup
FOIA FAIL: The Supreme Court vacated a ruling requiring the release of detainee abuse photos.

Next Stop, Charleston?: The South Carolina Attorney General said today that housing Guantanamo detainees at the naval brig near Charleston would put local residents at risk.

"...Must Be Brought to Justice": In a letter to the Attorney General, the American Bar Association backs federal trials for Khalid Shaikh Mohammed and other alleged terrorists.

Sssshhhh, Your Honor: Can federal courts handle classified evidence?

Abu Ghraib, Guantanamo, and Now: Bagram has recently been the site of detainee abuse, according to reports by The New York Times and The Washington Post.

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Access to Justice, Executive power, Supreme Court, Other courts, Prison policy/incarceration, Rights of detainees, Criminal Justice, Separation of Powers and Federalism, Abu Ghraib, Bagram Air Base, Charleston Brig, FOIA, Guantanamo, Khalid Shaikh Mohammed, Torture
November 18, 2009
The "Fifth Category"
What is the "fifth category" of Guantanamo detainees? And where will they end up?

This statement from the office of Senator Russ Feingold, in response to President Obama's May 21, 2009 national security speech, is helpful in answering the first question:

The president was ... correct in noting the difficulties in figuring out what to do with the approximately 240 detainees still held at Guantanamo. [1] Some of those detainees, he said, can be tried in our federal courts for violations of federal law. [2] Others will be tried in reconstituted military commissions for violations of the laws of war. [3] A third category of detainees have been ordered released by the courts. [4] A fourth category the administration believes can be transferred safely to other countries.

Finally, [5] there is a fifth category of detainees that the president said cannot be tried in the federal courts or military commissions, but the government believes they are too dangerous to release or transfer. For this small group of detainees, the president said he is considering a new regime of what he called ‘prolonged detention,' accompanied by procedural safeguards and the involvement and oversight of both the judicial and legislative branches of our government. [Emphasis added.]

The Atlantic's Marc Ambinder highlighted this portion of a story in The Washington Post this morning:
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Access to Justice, Executive power, Other courts, Prison policy/incarceration, Rights of detainees, Criminal Justice, Separation of Powers and Federalism, Adam Serwer, Attorney General Eric Holder, Fifth Category, Guantanamo, Marc Ambinder, President Obama, Senator Russ Feingold