Showing posts with label habeas corpus. Show all posts
Showing posts with label habeas corpus. Show all posts

Friday, October 16, 2009

Resisting Injustice in Guantánamo: The Story of Fayiz Al-Kandari

By GottaLaff

Fouad al-Rabiah, a humanitarian aid worker caught up in the chaos of Afghanistan.
Fayiz al-Kandari, a Kuwaiti, still held in Guantanamo, who has maintained for nearly eight years that he is an innocent man.(Photo: International Committee of the Red Cross)

What would we do without people like Lt. Col. Barry Wingard, Jason Leopold, and Andy Worthington to tell this very important, ongoing story until somebody listens:
However, although Fouad al-Rabiah regained his innocence (if not yet his freedom, as, astonishingly, the government is considering whether to appeal Judge Kollar-Kotelly's ruling), the dark charade of Guantánamo, conceived by Dick Cheney and his close advisers, whose arrogance and disdain for the law allowed them to construct a detention policy in which it was impossible to be innocent, has not come to an end for numerous other men held in Guantánamo, and has, in fact, continued under President Obama.

Obama's motives are different, to be sure. Spooked by the inflexible opposition with which his decision to close Guantánamo and "regain America's moral stature in the world" has been received by Republican lawmakers and by members of his own party, the president and his advisers have approached Guantánamo with extreme caution.

Instead of seizing the initiative, the administration has generally been content to behave as though Bush were still in power, opposing the prisoners' habeas corpus petitions in the district courts, and letting judges expose the tortured lies, false confessions and feeble intelligence that the Bush administration passed off as evidence. [...]

Time moves slowly in the world of the habeas petitions, even though the outcome for the prisoners has generally been worth the wait. Despite the fact that Justice Department lawyers have been doing all in their power to obstruct the prisoners' defense teams, judges have ruled on 38 petitions, and in all but eight have found that the government failed to establish that the men in question were either al-Qaeda terrorists or soldiers for the Taliban. However, 185 prisoners have not had their cases heard [...]

One of these men, who has maintained his innocence throughout nearly eight years in US custody, is Fayiz al-Kandari, a 30-year-old Kuwaiti, from a wealthy family, who has always maintained that he was a humanitarian aid worker who arrived in Afghanistan in August 2001, was caught up in the chaos following the 9/11 attacks and the US-led invasion of October 2001, and was seized by Afghan forces and sold to the US military in December 2001 as he tried to cross the mountains to Pakistan. [...]

For more information about Fayiz Al-Kandari please see this report at The Political Carnival.
Please, please go read the rest here. These snippets barely scratch the surface.

*****
Lt. Col. Barry Wingard is a military attorney who represents Fayiz Al-Kandari in the Military Commission process and in no way represents the opinions of his home state. When not on active duty, Colonel Wingard is a public defender in Pittsburgh, Pennsylvania.

All my previous posts on this subject matter can be found here; That link includes 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.

Wednesday, September 30, 2009

Prison requested for Americans in CIA rendition case

By GottaLaff

http://images.huffingtonpost.com/gen/59241/thumbs/s-TORTURE-large.jpg

Hey, it doesn't hurt to ask:

Sep 30th, 2009 | MILAN -- An Italian prosecutor on Wednesday urged a court in Milan to give 26 Americans 10 to 13 years in prison each for the 2003 kidnapping of an Egyptian cleric in a CIA renditions operation. [...]

Spataro gave his closing arguments in a trial that is the first in any country to scrutinize the CIA's extraordinary renditions. Under that program, the U.S. spy agency transferred terrorism suspects to third countries for interrogation. [...]

The defense must still make its final arguments. A verdict is expected by the end of the year.

The Americans, all but one identified by prosecutors as CIA agents, are being tried in absentia and are considered fugitives by the Italian court. [...]

Prosecutors say Nasr was kidnapped from a Milan street in broad daylight on Feb. 17, 2003. He was then allegedly driven from Milan to the Aviano, flown to the Ramstein air base in southern Germany and then to Egypt, where he was allegedly tortured.

I guess Italy's not afraid to look backward.

****

Lt. Col. Barry Wingard is a military attorney who represents Fayiz Al-Kandari in the Military Commission process and in no way represents the opinions of his home state. When not on active duty, Colonel Wingard is a public defender in Pittsburgh, Pennsylvania.

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: tosexyformy

Tuesday, September 29, 2009

Generals: Dick Cheney, Liz Cheney are scaremongering

By GottaLaff

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjZ6vRNvABG0qwkenVfLHfDTWvg5ssbVv_FfQIJvEGVNYkJVJRfaHLo1F8C6J-eFZfG2ILm_AcdsHqLM3VxttOWBAUISr-gSiLodOWTukVgvcQLIEgo5-6Tapyw4SS9wQshvYRsrNKYE34/s320/2009_0602_fox_liz_dick_cheney.jpg

Who do you listen to? Generals on the ground! When do you listen to 'em? Now, now now!

About a dozen retired generals and admirals, trying to add momentum to President Barack Obama’s effort to close the Guantanamo Bay military prison, are accusing former Vice President Dick Cheney and his daughter Liz of scaremongering about the dangers of closing it.

Noooo, Dickless McHeartStent and his daughter Lizard? Scaremongering? Never!

“It’s up to all of us to say these arguments advanced by Cheney and his acolytes are nonsense and that really what they’re doing is undermining our national security by delaying the date at which Guantanamo is closed,” retired Brig. Gen. James Cullen, a former chief judge of the Army’s Court of Criminal Appeals, told POLITICO Tuesday.

::brakes scre-e-e-eching to a halt!:: Dickless is undermining national security? But... but... he's the one who made us safer for all the years after we got attacked on his watch. He's the security GOD. As for Lizard, well, she's just a wannabe.

“Some of the fear issues that are being raised in this are really unfortunate. It gets people excited about things they shouldn’t be excited about and impedes doing what is critical to this country. Get that damn symbol off the table,” said retired Gen. David Maddox, a former Army commander-in-chief for Europe. “We take a setback every time somebody, whether it’s the vice president or his daughter comes out and says the things that they say….We have to get out there again and just keep pounding.”

Oh, suh-nap! Listening to them commanders now, Dickless?

“Can you imagine getting a terrorist from Guantanamo convicted and put in a federal penitentiary in your town?” Maddox asked. “Have you ever checked who the hell’s in there already? Have any of them gotten out? The person who we’re putting in is probably a heck of lot less dangerous than most of them who are already in there.”

Put up your big hammy dukes now, Dickless. Go ahead. I double dare you.

But retired Army Maj. Gen. Tony Taguba, who investigated the Abu Ghraib prison scandal in Iraq, said the president was smart to set a mark.

“It forces us to have an end state,” Taguba said. “It cannot be open in perpetuity because we’re having this so called long war against terrorism.

Remember that? The "War on a Tactic"? Those were the bad old days...

“Closing Guantanamo is of a strategic value,” Taguba said. “Seeing people in orange jumpsuits and whatever have you creates such an excitement for people to be jihadists and terrorists…It’s not helping us.

It never did.

****

Lt. Col. Barry Wingard is a military attorney who represents Fayiz Al-Kandari in the Military Commission process and in no way represents the opinions of his home state. When not on active duty, Colonel Wingard is a public defender in Pittsburgh, Pennsylvania.

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.

It's Not Just About Waterboarding

By GottaLaff

http://www.truthout.org/files/images/092909B.jpg
Although waterboarding has been the topic of much of the discussion, less attention has been given to other forms of torture used on detainees at Guantanamo Bay prison.
(Photo:
openDemocracy / flickr)

My friend Jason Leopold posted a piece by another friend, Lt. Col. Barry Wingard, who I've been covering for months now. Jason and I are now working together to get Barry's and his client Fayiz's story out.

I'll give you a taste of Barry's latest, and then you can toddle over to Jason's new digs at Truthout and read the rest:
In a speech earlier this year, former Vice President Dick Cheney said waterboarding and other brutal torture techniques were only used on detainees of the highest intelligence value - the so-called worst of the worst.

But Cheney's claims are untrue. [...]
Al-Kandari recalls that while he was in US custody in Kabul in December 2001, he was shackled in various stress positions for as long as 36 hours at a time. He was beaten with hands and instruments including a chain and a plastic hose to prevent bruising. Throughout his ordeal, Al-Kandari was photographed; unfortunately, those photographs cannot be shown "for your protection."

In early 2002, Al-Kandari was transferred to Bagram and held in a roofed tent with no sides, where overnight temperatures typically reached below freezing. In additional to the physical assaults, Bagram was most memorable for threats with weapons and sleep depravation. Photographs again documented his condition, but they have never been released. [...]

According to Fayiz, the new techniques in Kandahar included use of a stun gun and sexual humiliation by female guards. Standard operating procedure for interrogations would be for guards to assault - or "soften up" - Al-Kandari before the interrogator entered the room. Guards, usually in groups of two to six at a time, would then remain in the room during the interrogation.

Isn't it good to know that has been going on in our name? A lot of it still does. How do we know? We have a very reliable source on the inside.

****

Lt. Col. Barry Wingard is a military attorney who represents Fayiz Al-Kandari in the Military Commission process and in no way represents the opinions of his home state. When not on active duty, Colonel Wingard is a public defender in Pittsburgh, Pennsylvania.

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.

Friday, September 25, 2009

Sen. Bond Pulls GOP Staff Off Torture Investigation

By GottaLaff

http://www.safecom.org.au/images/torture-freedom.jpg

The justice system just isn't what it used to be. That's what happens when Republicans try to cover up and/or ignore major crimes:

A major Senate probe of the CIA's interrogation and detention practices was seriously derailed Friday when Sen. Kit Bond, the ranking GOP senator of the Senate Intelligence Committee revealed in a statement that he had pulled the entire GOP staff out of the investigation. [...] The move appears to be part of a broader campaign by congressional Republicans and the U.S. intelligence community to pressure Holder to rescind his recent appointment of a special counsel to investigate allegations of torture during the Bush administration.

Bond contends that the Intelligence Committee investigation had effectively become pointless and the panel was "spinning our wheels" because current and former agency officials will now refuse to cooperate with any congressional probe when they face potential prosecution by the Justice Department. [...]

But Sen. Diane Feinstein, the committee's Democratic chairman, insisted the probe will continue regardless. Saying "I very much regret" the GOP's decision, Feinstein said her probe "is being pursued, additional staff are being hired, and the Committee is continuing the work with all due diligence."

I never thought I'd say this, but: Go, Feinstein!

The flare up is significant because, whatever the results of Holder's criminal probe, the Senate panel's investigation offered perhaps the only opportunity for a full public accounting of the U.S. intelligence community's conduct in the aftermath of Sept. 11 attacks. [...]

[...] But the withdrawal of the Republican staff is likely, at a minimum, to set the panel's timetable back and embolden resistance to cooperating with the probe among lawyers representing CIA officers. That resistance was already an obstacle-and is now likely to intensify. [...]

Egged on by former Vice President Dick Cheney, Bond and other congressional Republicans have repeatedly attacked Holder for suggesting that anybody in the Bush administration or the U.S. intelligence community might have engaged in illegal conduct when, as they see it, they had simply been protecting the country.

Obstruction of justice? Look no further than Dickless McHeartStent.

****

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.

Thursday, September 24, 2009

Obama will bypass Congress to detain suspects indefinitely

By GottaLaff

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjefEI1d_2BV8mSxpOgBg5CH9Fv9q2omwWwIo3yEtT42W-lwBoAUSjd700m0D5u9Sjqoqm2XS9lDGjazihxgTnGVzSrMu0inwQ_seY9UiwL76Aan0VPcHa0FYzH4XBfhyphenhyphenXPVS5bsnRSqMHA/s320/bang-head-on-wall.jpg

Blood pressure rising... Counting to 10. 1..2..3...

President Barack Obama has quietly decided to bypass Congress and allow the indefinite detention of terrorist suspects without charges.

The move, which was controversial when the idea was first floated in The Washington Post in May, has sparked serious concern among civil liberties advocates. Such a decision allows the president to unilaterally hold "combatants" without habeas corpus -- a legal term literally meaning "you shall have the body" -- which forces prosecutors to charge a suspect with a crime to justify the suspect's detention.

...4...5...

Obama's decision was buried on page A 23 of The New York Times' New York edition on Thursday. It didn't appear on that page in the national edition. (Meanwhile, the front page was graced with the story, "Richest Russian's Newest Toy: An N.B.A. Team.")

...6...7...

Rather than seek approval from Congress to hold some 50 Guantanamo detainees indefinitely, the administration has decided that it has the authority to hold the prisoners under broad-ranging legislation passed in the wake of Sept. 11, 2001. Former President George W. Bush frequently invoked this legislation as the justification for controversial legal actions -- including the NSA's warrantless wiretapping program.

...8...

"The administration will continue to hold the detainees without bringing them to trial based on the power it says it has under the Congressional resolution passed after the attacks of Sept. 11, 2001, authorizing the president to use force against forces of Al Qaeda and the Taliban," the Times' Peter Baker writes. "In concluding that it does not need specific permission from Congress to hold detainees without charges, the Obama administration is adopting one of the arguments advanced by the Bush administration in years of debates about detention policies."

Constitutional scholar and Salon.com columnist Glenn Greenwald discussed the policy in a column in May. He warned that the ability for a president to "preventively" detain suspects could mushroom into broader, potentially abusive activity.
...9...
The Times' Peter Baker notes that Obama's decision to hold suspects without charges doesn't propose as broad an executive authority claimed by President Bush.
Frustrated Emoticons And Smileys | GraphicsGrotto.com

****

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.

Monday, September 21, 2009

Torture Watch: What a redacted habeas return looks like

By GottaLaff



I got an e-mail from my friend Lt. Col. Barry Wingard, the military attorney for Gitmo prisoner Fayiz al-Kandari, today:
For your amusement, this is what a redacted habeas return looks like.

Knowing what I have discovered since beginning the case with Fayiz makes me more convinced than ever he will never be brought before a real criminal court. Instead, the best he probably can hope for in the "criminal matter" is some sub-par creation like "Commissions" developed by and for Prosecutors in the Department of Justice to gain convictions.
Now allow us both to share what a redacted habeas return looks like, via a few screen grabs of the attachments Barry sent me:



There is so much we don't know about our system of "justice". It's just staggering.

****

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.

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