By GottaLaff
Jawad is in the news again. Voila! Bombshell:
In a startling accusation, defense lawyers in the case of an adolescent arrested and brought to Guantanamo Bay six years ago claim the Justice Department may bring a criminal case against the young man based on testimony from witnesses paid by the U.S. government for their cooperation. [...]Stay tuned.
Now, although the Justice Department has conceded it can’t rely on those confessions and can no longer imprison Jawad based on the laws of war, it’s said it may file new criminal charges against him based on previously unavailable eyewitness testimony to the crime. Those witnesses, however, according to Jawad’s U.S. military defense lawyer, were all paid in gifts or cash in exchange for their testimony.U.S. Marine Corps Major Eric Montalvo, one of Jawad’s military defense lawyers, said he’s spoken to all of “the government’s star witnesses” and “they all have a couple of things in common.” First, “they know how to describe the day of the incident anywhere from two to five different ways, placing themselves in different locations for each of these descriptions and witnessing or not witnessing different things,” he said in a recent e-mail message. Second, “they have all received some sort of U.S. government compensation, from shoes and a trip to the United States to $400 for cooperation, which is a princely sum in Afghanistan.”
Furthermore, Montalvo says, when he spoke with officials from the government of Afghanistan, which has been demanding Jawad’s return home, they “openly admit that the matter was not handled properly and they don’t even know what happened because the Americans in their lust for bloodletting snatched Jawad away before the incident could be investigated.” [...]
Asked about the claims that the government’s witnesses had been paid for their testimony, Dean Boyd, spokesman for the Justice Department’s National Security Division, wrote in an e-mail that “Jawad has not been charged with any crime in federal court. To begin speculating in public about possible evidence or witnesses in such a case is inappropriate and not an exercise the government will engage in.” He did not say that the government would not or cannot pay or otherwise compensate witnesses in these circumstances, however. Jawad’s defense lawyers, meanwhile, have not been reticent about their view of the evidence.
While explaining that he cannot describe the evidence because it’s classified, Hafetz insisted that “it is not new and it is not credible or reliable.” So far, the government has lost 28 out of 33 habeas corpus cases brought by Guantanamo detainees and heard by a federal court because the courts have found the evidence unreliable or otherwise insufficient to justify their continued detention. The Justice Department is reportedly planning to bring criminal charges against “dozens more” Guantanamo prisoners.
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All my previous posts on this subject matter can be found here; That link includes one specific to only Fayiz al-Kandari's story here. Here are audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.
If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.
If you'd like to see other ways you can take action, go here and scroll down to the end of the article.
Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.
More of Fayiz's story here, at Answers.com.
H/t: BuzzFlash
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