VIDEO: CPAC audience boos Bob Barr for condemning waterboarding as torture

By GottaLaff



I still can't get used to agreeing with Bob Barr on anything, but I sure do agree with him on this.

This afternoon, the Conservative Political Action Conference (CPAC) held a debate titled “Does Security Trump Freedom?” that featured former GOP congressman and Libertarian Presidential candidate Bob Barr, Rep. Dan Lungren (R-CA), and former Bush Assistant Attorney General Viet Dinh.

Torture. Doesn't. Work.

What amazes me even more than my palling around with Bob Barr is the number of Americans who still don't realize the truth about waterboarding, or any form of torture-- that it does not produce usable testimony or reliable information.

Then again, I can't figure out that whole concept of loons wearing tea bags on their heads either.

Yoo asked for it

By GottaLaff

Yoo hooooo!

As reports circulate that the Justice Department has softened its criticism of attorney John Yoo for memos approving the Bush administration's treatment of terrorism suspects, several prominent lawyers are urging a federal appeals court in San Francisco to hold Yoo accountable.

They have submitted arguments opposing dismissal of a prisoner's lawsuit that accuses the former Justice Department attorney of providing a legal cover for torture. The suit covers much of the same ground as the department's ethics investigation of Yoo. [...]

Yoo says he always gave good-faith legal advice and denies authorizing torture. Those claims could be tested in a San Francisco federal court, however, unless Yoo can persuade a court to dismiss Jose Padilla's lawsuit. [...]

Yoo has appealed, saying the suit would interfere with presidential war-making authority. The Obama administration has taken his side, arguing that courts should not meddle in questions of national security.

But in filings over the last 10 days, groups of constitutional law professors, legal ethics scholars and former government attorneys urged the court to keep Padilla's suit alive.

They argue that this is not a dispute over legal advice, as Yoo contends, but the case of a lawyer who allegedly stepped out of his role to take part in planning detention and interrogation policies, and then devised legal opinions to justify those policies.

And who are some of these very principled, very learned, very ethical lawyers who support the novel concept of upholding the-- What's it called again? Oh yeah-- U.S. Constitution? Here's who:

Erwin Chemerinsky, law school dean at UC Irvine; Alan Morrison, an assistant law dean at George Washington and former director of Public Citizen Litigation Group; and Norman Dorsen of New York University, former president of the American Civil Liberties Union.

Also, Stanford's Deborah Rhode and former California Supreme Court Justice Cruz Reynoso, not to mention Bruce Fein, special assistant to the director of the Justice Department's Office of Legal Counsel in President Ronald Reagan's administration.

They stressed the importance of applying ethical standards to lawyers who advise the president on constitutional issues.

There is much more here. (h/t: VNDNBRG)

And here:

*****

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.

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.

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.

Underwear bomber talking again... without waterboarding

By GottaLaff

Well, well, Alice Ghostley, er, Susan Collins... guess who's opening his big yap again? And he didn't even have to be waterboarded!

Accused Christmas Day bomber Abdul Farouk Abdulmutallab has started talking federal agents again, intelligence officials told a congressional panel Tuesday, even though he has been read his Miranda rights.

Senate Intelligence Committee Chairwoman Dianne Feinstein asked FBI Director Robert Mueller if Abdulmutallab’s interrogation was ongoing and if federal investigators were receiving new information from him.

“Yes,” Mueller replied.

What? Why... why... that's... constitutional!:

The revelation could deflate recent Republican attacks against the Obama administration’s decision to read Abdulmutallab his Miranda rights after he was treated for the burns he suffered when he tried to set off a bomb on Northwest Flight 243 on Christmas Day.

So much for Rushpublic talking points.

DOJ official reportedly clears torture memo authors Yoo and Bybee.

By GottaLaff

I'm sure I'll hear from die-hard Obama supporters about how anti-Obama I am (which is laughable if you read TPC regularly), but this, in a word, sucks:

Newsweek now reports that a senior DOJ official has essentially cleared the two men of misconduct in an upcoming office of Professional Responsibility report:

While the probe is sharply critical of the legal reasoning used to justify waterboarding and other “enhanced” interrogation techniques, NEWSWEEK has learned that a senior Justice official who did the final review of the report softened an earlier OPR finding. Previously, the report concluded that two key authors — Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor — violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action — which, in Bybee’s case, could have led to an impeachment inquiry.

Emptywheel (Marcy Wheeler, who you can see here in Blunt, the Sequel), has more.

I'm heartbroken, angry, frustrated, baffled, you name it. But I pretty much expected this outcome. How depressing.

Apparently, Margolis didn't get "input" from A.G. Holder. Maybe he should have.

I simply don't understand sweeping the entire foundation for legalizing torture under the rug, as it obviously was in a Friday night dump (when it was released).

Don't even bother trying to talk me down. I'm way past that.

CIA Guy: Waterboarding works? Did I say that? My bad.

By GottaLaff

Those wacky zany torturers! They love to messin' with our minds... and those that they, you know, tortured:

Well, it's official now: John Kiriakou, the former CIA operative who affirmed claims that waterboarding quickly unloosed the tongues of hard-core terrorists, says he didn't know what he was talking about.

Kiriakou, a 15-year veteran of the agency's intelligence analysis and operations directorates, electrified the hand-wringing national debate over torture in December 2007 when he told ABC's Brian Ross and Richard Esposito in a much ballyhooed, exclusive interview that senior al Qaeda commando Abu Zubaydah cracked after only one application of the face cloth and water.

Just kidding!

Of course, Boss Limpdong is just as credible, and true to form, pushed the lie:

"It works, is the bottom line," conservative talk show host Rush Limbaugh exclaimed on his radio show the day after Kiriakou's ABC interview. "Thirty to 35 seconds, and it works."

If anyone understands all things bottom, it's Boss Limpdong.

But let's get back to Kiriakou-kou:

On the next-to-last page of a new memoir, The Reluctant Spy: My Secret Life in the CIA's War on Terror (written with Michael Ruby), Kiriakou now rather off handedly admits that he basically made it all up.

Off handedly? Off handedly?? People were tortured and he goes all Casual Carl on us?

"Pfft! You believed me?? Really? Psyche!! Wow, you are, like, so gullible! Punk'd your ass, didn't I?"

"I wasn't there when the interrogation took place; instead, I relied on what I'd heard and read inside the agency at the time."

In a word, it was hearsay, water-cooler talk.

"Say, Stan, how about them Lakers? Oh, and last night we drove a guy crazy by drowning him to the point of screams of anguish and near death. So! Who's up for a ham wrap?"

"Now we know," Kiriakou goes on, "that Zubaydah was waterboarded eighty-three times in a single month, raising questions about how much useful information he actually supplied."[...]

And he claims that the disinformation he helped spread was a CIA dirty trick: "In retrospect, it was a valuable lesson in how the CIA uses the fine arts of deception even among its own."

Oh well then. So long as all the CIA boys learned a lesson.

After Kiriakou repeated his waterboarding-efficiency claims to the Washington Post, the New York Times, National Public Radio, CBS, CNN, MSNBC, and other media organizations last year, a CNN anchor called him "the man of the hour."

Be proud, John.

By the way, anyone heard about this on the Tee Vee Machine? No? Me neither.

H/t: HarborGuy

New Docs: Pentagon Ignored FBI’s Warnings on Abusive Interrogations

By GottaLaff

After reading The Dark Side by Jane Mayer, this isn't all that new. But that's a book, and these are declassified Department of Justice-released documents:

Sadly, they reveal that the FBI knew perfectly well — and repeatedly warned Defense Department officials, as well as Justice Department lawyers — that the abusive interrogation techniques being used on detainees at Guantanamo Bay were likely to be ineffective and make subsequent prosecutions impossible.

As one memo says, while the interrogation techniques based on tactics used in the U.S. Army Search, Escape, Resistance and Evasion (SERE) training “may be effective in eliciting tactical intelligence in a battlefield context, the reliability of information obtained using such tactics is highly questionable, not to mention potentially legally inadmissible in court.”

Yes. Yes, that's what many of us have been saying for years...

That memo was written in May 2003. The “enhanced” interrogation techniques, such as stress positions and prolonged sleep deprivation, were still being used and justified in memos as late as July 2007. The memo raises several important questions. Did the Office of Legal Counsel lawyers drafting those later memos for the CIA not know about the FBI’s earlier objections? Or did they just dismiss them out of hand? Were they told to ignore those earlier conclusions?

Please read the whole piece. It's not long. It ends this way:

That they were so blatantly ignored suggests more than just bad judgment. It suggests a deliberate indifference to the facts and the law, which cries out for a more thorough investigation.

But remember, we can't look backwards, only forward. Move along.

******

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.

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.

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.

Ex-FBI Agent: Still No Evidence That Cheney’s Torture Methods Work

By GottaLaff

Spencer Ackerman's piece includes a lot more information than I'm posting here, but the bolded red segment stood out to me:

If it’s first-hand accounts you want, then, here’s Mike Rolince. Rolince is a 31-year FBI veteran who retired from the bureau’s Washington, D.C., field office, where he worked on counterterrorism, in 2005. Both from experience in interrogations and from viewing the IG report, Rolince can’t believe that so-called “enhanced interrogation” techniques like waterboarding still have their defenders. “I’m just not a fan of them, and never have been a fan of them,” he told me. “I’ve never believed that it works, I don’t believe its been documented that it works, and I don’t believe we as a country should stoop to that, I don’t think we ought to be doing it. I just don’t think we need to do the untested, untrained and unreliable.”

Well, what then is tested, trained and reliable? “So many of these people are so uninformed when it comes to the capabilities of law enforcement and intelligence gathering,” he said, referring to torture advocates, some of whom — like Cheney — denigrate law enforcement approaches to counterterrorism. “What is it they think police officers and state troopers and [FBI] agents do successfully every day of the week? And have done for a hundred years? Investigations, interviews and interrogations.” The FBI’s track record of “confessions obtained [and] convictions obtained,” he said, speaks for itself.

Why doesn't Cheney support our law enforcement professionals?

Seriously, you know how I feel about this whole torture thing. I've written and written and written about it, and will continue to do that. This was a slightly different take, one I haven't read that often, if at all, and I had to share.

Meanwhile....

****************

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.

Part 7- Lawyer Visits Gitmo Detainee: "Barry, have you brought me justice today?"

By GottaLaff

Have you ever wondered what it's like to represent a Gitmo detainee? What kind of relationship could possibly exist between an American military lawyer and his endlessly-imprisoned Kuwaiti client so many thousands of miles away? How fortunate for us that Lt. Col. Barry Wingard, who represents Fayiz al-Kandari, has chosen to share the following with us:

An average visit for our team to GTMO lasts from Tuesday until Saturday and involves visits on Wednesday, half day Thursday, and Friday.

The first day of the visit is very business-like as we share the breakfast we bring together. Fayiz always initiates our discussion "Barry, have you brought me justice today?" The mood is of lost friends catching up.

The afternoon brings a lighter mood as we discuss current events and the business veneer fades. Fayiz always promises that he will repay me for all the breakfasts and lunches I bring and I try to convince him I have a "Fayiz credit card" with his picture on it that makes everything free. Although he is unconvinced, I attempt to lessen his helplessness and we move on to other topics.

Somewhere in the middle of our visits a story will flash about something that happened in the past seven and a half years. The stories are sometimes about being beaten or restrained, or about the time he told an interrogator he saw Bin Laden. The interrogator became very excited and brought more interrogators immediately, all more excited than last, until Fayiz told them he watched "a whole story about Bin Laden on television." Fayiz says "I got the full works" for the next several weeks after that, he says with a smile.

Often the discussions are much darker and sadistic. I often leave our sessions wondering if those who decided on this barbarism are my neighbors; I want to believe they are not American.

By the final day our business is complete and we discuss topics ranging from sandal soccer/basketball leagues, jail gossip, the ongoing iguana's battle in his cell and what my grandmother "the average American" is thinking this month.

The final visit is by far the best and most enjoyable until the final hour hits and we scramble back into business mode to avoid the end.

As the clock runs out we all attempt to get more business-like as I offer what little hope I can to a man who has been imprisoned for seven and half years on rumor.

As a criminal defense attorney, I have dealt with inmates thousands of times, but none as tragic as this disgrace. "I will keep looking for justice" I tell him as leave and start the clock for my return to GTMO next month.

Barry's initial e-mail described the final day this way:

Final day: Complete fun and joking followed by last half hour of sadness.

If you and I are feeling any heart-wrenching pain and sorrow due to the content of these posts, imagine what Fayiz has gone through, and continues to experience.

On a final, but somewhat unrelated note, a few people have expressed interest in the use/avoidance of the word "torture" in these posts. Here is what a colleague of Barry's said, an attorney:

"Torture" is a loaded and overused word: for most people, it has become either everything (all abuse is torture) which isn't true, or nothing (only the very worst is torture) which isn't true either.

The legal definition of torture includes the element of the intent of the abusers [...] Without that element, it might legally be CIDT [cruel, inhuman
and degrading treatment] rather than torture, even though it caused just as much pain and suffering as treatment that was "torture".

Torture is actually a very high standard, and you don't have to meet that standard to get statements excluded, or to create sympathy. Once you call a specific episode "torture" in the press it might be hard to pull back in court if you later decide you are better off trying to meet a standard for CIDT to get a statement excluded, or if you can't come up with corroborating evidence.

In Barry's own words:

We to often get caught up in "is it is or is it ain't torture," I don't care what you call it, we should focus on the specific thing that happened in our name as American citizens. Call it "summer camp vacation fun," I prefer to focus on the "chain making contact with skin."

Under former administration DOJ lawyers, they would argue it is only torture if it causes death, or pain equal to major organ failure AND was the intention of the interrogator." So I guess shackling someone in the kneeling position for 36 hours unable to rest on your ankles because of the restraints around your ankle would not be torture, but seriously folks.

I included those remarks as a response to your questions and those I've gotten on Twitter. Whether you agree or disagree, at least you have some insight into the vernacular and legal reasoning behind using, or not using, the actual word.

If you'd like to scroll through every post I've written on this subject, most of them eye-openers, please go 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 use Twitter, the hashtag is #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.

Lt. Col. Barry Wingard has an op-ed in WaPo! "No Justice Today at Guantanamo"

By GottaLaff

As you know, I've been writing and posting and posting and writing about Lt. Col. Barry Wingard and his client, Fayiz al-Kandari. We've been pushing the media hard for some attention. Today, somebody listened. Here are a couple of excerpts from Barry's Washington Post op-ed:

Like his fellow prisoners at Guantanamo Bay, Kuwaiti detainee Fayiz Mohammed Ahmed al-Kandari hoped that President Obama's election would finally bring justice. Judges, not political appointees, would prevail and restore the rule of law.

Unfortunately, nothing seems to have changed. The Obama administration is reportedly considering an executive order that would "reassert presidential authority to incarcerate terrorism suspects indefinitely," and the situation at the prison itself is worsening.[...]

Fayiz has told me about arriving at a U.S.-controlled prison overseas where he was welcomed with an "orientation party" -- guards kicked him and beat his back with a chain. [...]

Each time I travel to Guantanamo Bay to visit Fayiz, his first question is, "Have you found justice for me today?" This leads to an awkward hesitation.

"Unfortunately, Fayiz," I tell him, "I have no justice today."

Please go read the rest here.

If you'd like to scroll through every post I've written on this subject, most of them eye-openers, please go 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 use Twitter, the hashtag is #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.

Pentagon v. Dep't. of Justice: New Rift Opens Over Rights of Detainees

By GottaLaff

Agence France-Preese/Getty Images

I'm bumping and updating. Here is an interesting e-mail response to this piece that I got from an old pal who serves in the military. We correspond from time to time:

There is a battle on going between the lawyers over at the Pentagon and the DOJ as to which protections if any should be extended to the detainees; it's window dressing to give the appearance that detainee's rights are seriously being discussed. In short it is all bullshit so that Faux News can say see, you are coddling the terrorists on the one hand; and the liberals will see serious discussion as fundamental rights is in play. In the end it really is just rearranging the deck chairs on the Titanic system of justice they both want.

What both sides (Pentagon/DOJ) want to avoid is Federal District Court because they will lose control in a real system judicial system. What is left is Military Court Martial which also has established rules so neither desire that; so what each side wants is to appear concerned but in control.

Remember under a Military Commission process the DOJ will be the prosecutors (of course there will be few military prosecutors for appearances, but the DOJ will the call the shots {the really concerned ones in this story}), while developing the rules of evidence and controlling what evidence is revealed to the defense. I believe this story was first given to the WSJ to say hey "they want the worst of worst given rights and living in your neighborhood." It really is just window dressing between to competing groups who have the same goal, "develop a system around factually weak cases, and then claim it was fair."

And let's not forget who owns the WSJ.

Original post:

Picking up on a link Paddy posted earlier, at least it's a positive that this subject is getting more attention. As you know it's become a cause of mine. Here's the latest wrinkle in the Pentagon v. DoJ:

The Justice Department has determined that detainees tried by military commissions in the U.S. can claim at least some constitutional rights, particularly protection against the use of statements taken through coercive interrogations, officials said.

The conclusion, explained in a confidential memorandum whose contents were shared with The Wall Street Journal, could alter significantly the way the commissions operate -- and has created new divisions among the agencies responsible for overseeing the commissions.

Defense Department officials warn that the Justice Department position could reduce the chance of convicting some defendants. Military prosecutors have said involuntary statements comprise the lion's share of their evidence against dozens of Guantanamo prisoners who could be tried.

So Defense is unhappy because coerced statements can't be used to convict their abused clients? Did I get that right?

The Obama Justice Department's view is a sharp turn from that of the Bush administration, which argued detainees have no constitutional rights. It isn't clear how the Obama administration will act, but the Justice Department's legal counsel's office traditionally has the last word on constitutional interpretation in the executive branch. The White House declined to comment.

The dispute over what rights military commission defendants can claim has intensified as President Barack Obama tries to implement his decision to close the Guantanamo prison by January. [...]

Since 2004, several aspects of the commissions and their related detention system have been invalidated by the Supreme Court. A Justice Department task force has been seeking ways to try prisoners by military commission that would be more likely to survive further constitutional challenge. The task force is scheduled to complete its work by July 21. [...]

In a memorandum issued May 4, David Barron, acting assistant attorney general, said the office believes there is a "serious risk" that federal courts "would adopt a constitutional due process approach" when evaluating military commission trials, people familiar with the memo say.

Mr. Barron advised that federal courts were unlikely to require strict adherence to Bill of Rights provisions spelling out specific procedures, such as the Sixth Amendment speedy trial right, or the Miranda warning, which the Supreme Court imposed in 1966 to ensure compliance with the Fifth Amendment right against self-incrimination and the Sixth Amendment right to an attorney.

But Mr. Barron advised that courts were likely to view the use of coerced statements to convict and punish defendants as violating any definition of the Fifth Amendment's Due Process Clause, which courts have cited in establishing a baseline of fundamental rights. As a result, some officials believe a legislative fix to the Military Commissions Act should include additional rights for defendants in order to lower the chances courts would strike it down.

Senate Armed Services Committee Chairman Carl Levin (D., Mich.) said Friday he has included language in a pending defense authorization bill to make commissions more closely resemble courts-martial. A 2006 Supreme Court opinion suggested military commissions could be lawful if their deviations from "court-martial practice" were justified by "practical need." The text is expected to be released this week.

Now, think: Why is David Barron handling all of this....

Mr. Barron, a professor on leave from Harvard Law School, is in charge while Mr. Obama's nominee to head the legal-counsel office, Dawn Johnsen, awaits Senate confirmation. Mr. Barron's conclusion has met Pentagon opposition. "We believe that military commissions, as distinct from other courts, are designed to not provide constitutional rights," Navy Capt. John F. Murphy, the Obama administration's chief military prosecutor, said in an interview.

The one exception, he said, was that created by the Supreme Court last year, when it ruled the Military Commissions Act of 2006 unconstitutionally stripped Guantanamo detainees of habeas corpus, a legal proceeding to challenge unlawful detention. [...]

"There is a school of thought...that if they actually convene these things in the [U.S.], the courts will quickly find that all the due process constitutional stuff we deal with in criminal courts will be applicable," said another military official familiar with the talks. "The main push for this argument comes out of" the Justice Department and the Office of Legal Counsel, the official said. "It hasn't gotten a lot of traction with other folks."

"Constitutional stuff"?

This person said Pentagon officials preferred not to provide defendants additional rights unless courts forced them to.

What do Gitmo lawyers say about all this?

On the other side, criminal defense lawyers representing Guantanamo detainees say that simply recognizing due process, without other constitutional rights, will not fix a system they contend is stacked against defendants. "The minute they're making a distinction of 'what we can get away with'...they are creating something of dubious legal viability," said Cmdr. Suzanne Lachelier, a Naval Reserve lawyer appointed to represent alleged Sept. 11 conspirator Ramzi Binalshibh.

By trying to patch a system that has been beset for years by internal disarray and court setbacks, "they are buying themselves more legal problems," she said. Rather than the "swift and certain justice" that President Obama has promised, it "means years of appeals when we're challenging all of these issues -- most of which have already been resolved" for trials in courts-martial or federal court, she said.

What a mess. It's no wonder Lt. Col. Barry Wingard and his client, Fayiz al-Kandari, are so frustrated.

If you'd like to scroll through every post I've written on this subject, most of them eye-openers, please go 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 use Twitter, the hashtag is #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.

Part 5: A Gitmo Detainee Lawyer's Plea

By GottaLaff

Lt. Col. Barry Wingard sent out the following e-mail to our new team members who are working to Free Fayiz:

Thank you for being willing to help my client Fayiz al-Kandari. Fayiz is a Kuwaiti who traveled to Afghanistan in Mid 2001 to do charity which is required by Islamic faith. While in Afghanistan Fayiz helped build two wells and a repair a mosque.

One day he heard earth shaking explosions in the distance which seemed to make the locals very excited. In the next days, leaflets began falling from the sky and circulating that showed a bearded Afghani man holding a bag with a US dollar sign on it.

Remember: Fayiz is an Arab and Afghanis are not. The bag of money equated turning Arabs in for the dollar sign on the bag. Fayiz stood out, even from a distance, due to his speech and mannerisms... not unlike you going to England or Australia.

It became clear it was time to make a hasty run for it. The only place to go became Pakistan because everything in Afghanistan, everything resembling a government was destroyed. Remember, the Taliban (official government) were being destroyed; the last thing on their minds was processing foreign visas.

Ultimately, Fayiz was captured by Northern Alliance forces and sold to American forces. Although initially happy that he would be turned over to the liberators of his county in last decade, the first punch to the face quickly ended that.

Thus the "five dark star treatment" began.

Over the years Fayiz has been brutalized in some very barbaric ways, and does suffer. Overall, he is quick, kind and one of the strongest individuals I have ever met.

Remember the DOJ created the original "Commission System", is currently writing the new Commission rules, and providing the Prosecution office with attorneys. I have handled thousands of criminal cases as a defense attorney and hundreds a prosecutor; this is by far the largest tragedy I have ever been involved with.

A disclaimer up front: this fight will be a marathon and not a sprint, we will experience ups and downs as the government makes its moves.

As an aside, the government has the power to silence me as a military lawyer by issuing protective orders which I must follow as a lawyer. The government has used protective orders in virtually every detainee case to date and will do so in Fayiz's case. In fact, there are protective orders to protect the disclosure that there are protective orders. Remember they write the rules and as an attorney, and government lawyer at that, such tactics are very effective... because I will not give them a reason to remove me from this case.

That's where you come in, the organization needs to function and operate independently of me and my military team consisting of five others.

If you can, please help us and be realistic in what you can do. Remember those making charges against us represent the largest organization in the world and they are rough. Please join with team "Free Fayiz" and right this wrong.

They got the money but we have the truth, we will win, the question is sooner or later; for Fayiz let's work on sooner.

Thank You
Lt. Col. Barry Wingard
Lead Attorney for Fayiz al-Kandari

If you'd like to scroll through every post I've written on this subject, most of them eye-openers, please go 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 use twitter, the hashtag is #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.

UPDATE: Another detainee freed. Let's get Fayiz on that list.

FBI 'broke' Saddam without torture, documents reveal

By GottaLaff

Surprise, surprise. Saddam folded without being hung by his beard. Isn't this pretty much what all the fuss about the treatment of detainees has been about? You remember, the fuss about torture not being effective, etc. etc. blahblahblah... yeah, that fuss:

Documents published by The New York Daily News this week reveal that a complex game of "mental chess," and not torture or any such rough treatment, "broke" Iraqi dictator Saddam Hussein.

The revelation stands in stark contrast to the Bush administration's repeated claim that its so-called "harsh interrogation techniques" were necessary for high value prisoners when lives were on the line.

Check out the Daily News report by James Meek.

And while you're at it, check out the reports filed by Saddam's interrogator, here, here and here (PDF links).

And if you haven't done so yet, please read my posts about a Gitmo detainee who has been sold into custody and held and abused for eight years on triple hearsay "evidence". He never broke either. And as opposed to Saddam, he's innocent.

Iraq & Afghanistan Vets of America's Paul Rieckhoff comes through for Gitmo detainee!

By GottaLaff

You recognize Paul Rieckhoff? You should. He's been all over the Tee Vee and Radio Machines. And now it seems he is the newest addition to our list of mensches. Between Carlos Watson, David Shuster, Ana Marie Cox, and now Paul Rieckhoff, hopefully we can get somewhere.

Now for the pitch:

If you want to help free Fayiz al-Kandari, start by scrolling through posts I've written on this subject, most of them eye-openers, found here. That link includes audio and video interviews with Major Wingard, one by David Shuster (above), one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.

If you use Twitter, the hashtag is #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.

Audacity of hope: Military detainee lawyer, vocal critic of Gitmo, gets promoted

By GottaLaff

Visit msnbc.com for Breaking News, World News, and News about the Economy

Major Barry Wingard is now Lieutenant Colonel Barry Wingard. This is great news on a few levels. On a personal one, congratulations, Barry! On a professional one, excellent work and well-deserved!

Then there's this other level:

The military has seen fit to recognize the professionalism and intelligence and capability of Major Barry Wingard, now Lieutenant Colonel Barry Wingard. This is different from what I just said above... how?

Please take note:

The military doesn't promote torture, they promoted the most vocal critic of torture. I have a feeling that Lieutenant Colonel Wingard would have preferred to see his client released because that is the way he is. But we can help him. Here's how:

Start by scrolling through posts I've written on this subject, most of them eye-openers, found here. That link includes audio and video interviews with Major Wingard, one by David Shuster (above), one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.

If you use Twitter, the hashtag is #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.

Please note: I bumped this up because, once again, I set the posting time wrong, and meant for it to be up right arou-u-u-und.... now.

Part 4-- A Gitmo Detainee's story: The Hell Chronicles

By GottaLaff

This is Part 4 of Fayiz al-Kandari's story. He is the Gitmo detainee who is being represented by Major Barry D. Wingard (original posts and updates here). I'm doing everything I can to help them get the chronology and substance of Fayiz's experiences out, because until now, the American media has virtually ignored him.

The following is what I'll call "The Hell Chronicles". Allow Barry to explain in his own words (via an e-mail):

My discussions with Fayiz in memo form [...] [M]uch of this has never been seen before.

Remember, Fayiz is one of the few detainees who has a criminal lawyer and is not a High Value Detainee's (HVD) which means what he says is not classified. There are approximately 10 others total that meet both criteria.

I've eliminated specific dates on which events took place for legal reasons. I've also conspicuously avoided the word "torture" for the same reasons. IMHO, the meaning of that word is more appropriate than the legal definition is, but I am the last person who wants to affect Fayiz's case negatively. No matter what we call it, it's important to note that it occurred in your name as an American citizen.

And now, please join Fayiz in The Hell Chronicles already in progress:

Once upon a time, there was a Kuwaiti who was likely sold to American forces in Afghanistan while doing charity work. He has spent the last 7+ years in various prisons, because someone wanted to make a fast buck. Somehow, some way, Fayiz the Superhumanly Strong Kuwaiti has maintained his sense of humor, despite the following:

Afghanistan stay approximately 10 days Fayiz arrived injured from an American bomb '01

Afghanis as guards
No abuse, guards sad to turn him over
Fayiz wearing bloody cloths

Americans purchased him, came to photograph him to ensure he was not re-sold

Initially happy that the liberators of his country in the early 90’s are fair and just people. Worst case, legal system if all else fails.
Interrogated one total time by an American, no mistreatment.

Note: Same American would visit Fayiz in GTMO years later

Afghanistan 3-4 weeks '01

Afghan guards with American administrators (seen often giving orders)
Fayiz still in bloody cloths

Abuse:
Always after midnight 4-5 guys present in room
Short shackled in sitting position (could set on ankle because of shackle on ankle)
Short shackled in lying position
Hit with chain and water hose (several bruises and scars)

Bathroom one trip per day
Eat very little food water to make to end of day

Photographed again. Fayiz glad to finally be transferred to American control: “they (Americans) must not have known what the Afghan guards were doing, finally civilized people were taking me.”

Now then, Fayiz, who, as I mentioned earlier, was a very, very strong individual, found himself in a new, albeit temporary, home. Unfortunately, the housewarming wasn't exactly the kind he would have preferred:

Afghanistan 1 month '02

American soldiers do transfer, sand bag on head, ears/eyes covered pose for pictures with feet on Fayiz’s head and shoulders (strictly for humiliation purposes). Remembers wrists and feet tied extremely tight either squatting or lying face down with wrists cuffed to ankles.
American guards and administrators
Fayiz told “You will be going home.”

Forced to stay in tent with roof but no sides very cold

Leg wound still not treated, Fayiz still in bloody cloths.
Fayiz photographed

One might wonder, "Well, come on,if there were photos taken, why not use them as evidence of abuse?" And one might respond, "Because they remain classified. Their release is prohibited." Then one might take a deep, deep breath and try not to allow one's head to explode.

Transfer to another jail.
Afghanistan approximately 2 months '02

Arrival 5 days in solitary in hanger with two guards keeping him awake 5 days
Guards either side yelling stay standing and awake

Entire body shaved initially except cross on chest, later shaved as well

Interrogated approximately 30 total times

Nudity and pointing guns were big “enhanced techniques”
Guards extremely physical with punches and kicks
Fayiz has ribs broken (x-ray taken)
Guards would beat before Interrogator would enter room
Room consisted of several guards and interrogators
Electricity first introduced in the form of a stun gun
Female guards began to offer sex and sex related inferences

Fayiz photographed with bruised and beaten face, full body nude photo taken (picture shows protruding rib and bruising all over body)

Fayiz finally given orange jumpsuit [Note: White prison clothing was reserved for compliant detainees; orange for the non-compliant]

Prior to leaving female lifted ear muff and put mouth in ear and whispered “you are going to hell in GTMO.”

Where's a good witch when you need one? Apparently, from that last entry, there were bad witches galore. And so Fayiz moved to a brand new location. By this time, he was probably getting a little wary of any new digs, even if the new digs were on beachfront property. Location, location, location!

His little junket to Gitmo gave whole new meaning to the word "screwed":

Guantanamo (Cuba) 2002 Present

Drugged, sandbagged, ear muffed, tied extremely tight tied on a line drug into airplane, head harness had small screw protruding into scull for 24 hr ride to Cuba

Two-three military guards per detainee who would write all observations
Many detainees crying and begging since most had never been on an airplane before were sure they would die.

30 total detainees moved with Fayiz
Drugged in zombie state, harness with a tiny screw between the harness and scalp, two stops and twenty four hours later, GTMO

Violently picked up and shaken, then thrown to the ground. Sounds and smells Fayiz will never forget; remember no bathroom for approximately 24 hours.

Loud speaker in English and Arabic:

“You are the property of the United States” and “You are at the bottom of the world.”

Thrown on a bus “Where a soldier urinated on Fayiz, the guards would yell “stop resisting” all the while slamming detainees on the head and body.

Many needed shower from past twenty-four hours, Fayiz stripped and told to shower in front of both male and female guards.

Taken to medical doctor who inquired about chain bruises from many months prior and an x-ray taken of his broken bones still protruding. Remember you cannot see these photos; it would be to dangerous and jeopardize your safety.

X-ray again taken of ribs and nude photo of body 2002.

What great company that crowd was. Who knew they'd be so into co-ed showering? Think about it: The military is all about "don't ask, don't tell", don't touch in a gay way... but apparently quite a few are heavily into humiliating, mixed-company, woman/man-on-man voyeurism.

Sidebar: Wasn't it Dick Cheney who was so anxious to tie Saddam Hussein to Al Queda in order to justify invading Iraq? Why yes, yes it was! I smell a tie-in...

GTMO interrogations

Interrogators “You are from Al Qaeda, just admit it.” Tell us about Sadam Hussein” and tell us your relationship with “Osama Bin Laden.”

Fayiz figures he has been interrogated approximately 400 times.

One time he was questioned with guards lining the hall of another Camp , in room multiple interrogators who asked questions in rapid succession.

GTMO techniques included shackled to the floor up to 36 hours, strobe lights, loud music, sexual favors, assaults, climate control (ice from AC to floor).

A scene: two way glass, guards first assault the detainee, then detainee shackled to floor for several hours, strobe light and loud music (the music “really bad” says Fayiz with a smile) playing, the AC on max, a guard would dump water on you every hour until the interrogators arrive the next day. Too cold to sleep. People/dogs entering the room with strobe light was countered with keeping your eyes closed.
Note: The FBI has written several reports about their outrage at these “enhanced activities.”

Sadly, Fayiz is still in that evil place called Gitmo. No good witches. No happy endings... yet. What is he up to these days, you may be wondering. Well, wonder no more:

Currently

The cell extractions with IRF Team
Taken the detainees attorney/client mail
Food battles
Recreation time at midnight

There now, see what a little hearsay evidence can do? Once Fayiz's tale ends-- and we hope it ends very, very soon-- he will again be his own man, with his own life, his very own dignity, and his very, very own peace of mind... with only his emotional and physical scars to remind him of this interminably long, most unpleasant journey.

Did I say "only"?'

Anyone want to sing “I’m Proud to be American?”

Stay tuned for Part 5 of "The Hell Chronicles" coming soon to a neighborhood blog near you.

(Not) The End

UPDATE: Recent e-mail from Barry to me:

I have been involved in hundreds of client's Fayiz is not guilty, period. We thank you.

We thank you, Major Wingard. You're one of the best Good Guys there is.

AUDIO: Gitmo Detainee Lawyer Major Barry Wingard interviewed

By GottaLaff

As you know, I do a weekly radio show with Jim Alger (I just contribute My Tweet Spot segments). I got Major Barry Wingard an interview on the show. My other posts about him can be found here.

Ana Marie Cox's Air America interview here. She has been a wonderful supporter both on her show and on Twitter. Kudos to MSNBC's David Shuster too.

If you are interested in helping Free Fayiz, please e-mail me at The Political Carnival's address (on the sidebar to the right). We are forming a group of about 20 people to try to bring this case to the attention of, well, everyone, and see if we can get him out of Gitmo. He's an innocent man.

Here's Jim Alger's interview in two parts:

VIDEO: Detainee lawyer on MSNBC with David Shuster

By GottaLaff

Visit msnbc.com for Breaking News, World News, and News about the Economy

Here are my previous posts:

My Convo with a Gitmo Detainee Lawyer: “I’ve given up on American media.”

Part 2-- Gitmo Detainee: "Obama has perhaps broken the spirit of the detainees in a way the former administration could never.

Part 3--Gitmo Detainee Lawyer: "I guess the days of attorney/client privilege are over in GITMO."

Now you can finally meet Major Wingard!

He just e-mailed me, and one of the people working the show told him that, as a guest, he "was Olbermann quality"! I've already contacted Countdown on Barry's behalf. Keep your fingers crossed!

UPDATE: He will be on Common Sense Radio (where I do My Tweet Spots) at 7:35 pm ET. Stream it live HERE.

Thank you David Shuster--Quote-O'-The Day: Detainee Lawyer edition

By GottaLaff

Major Barry Wingard on MSNBC just now:

"Please Obama, get us some justice SOON."

Recap:

My Convo with a Gitmo Detainee Lawyer: “I’ve given up on American media.”

Part 2-- Gitmo Detainee: "Obama has perhaps broken the spirit of the detainees in a way the former administration could never.

Part 3--Gitmo Detainee Lawyer: "I guess the days of attorney/client privilege are over in GITMO."

Watch David Shuster today! 4:30 pm Eastern

By GottaLaff

David Shuster just asked me to do him a favor:

It's the least I can do. See? Even little bloggers like us have a voice. Thank you, David Shuster, for allowing us to be heard.

There you go, Major Wingard. One down... Love, Laffy

My Convo with a Gitmo Detainee Lawyer: “I’ve given up on American media.”

Part 2-- Gitmo Detainee: "Obama has perhaps broken the spirit of the detainees in a way the former administration could never.

Part 3--Gitmo Detainee Lawyer: "I guess the days of attorney/client privilege are over in GITMO."

Thank you again.

The Political Carnival loves David Shuster

By GottaLaff

UPDATE: SUCCESS! SHUSTER HAS INVITED BARRY TO BE ON THE SHOW. Waiting for Barry's confirmation.

This is really something. I don't see him do this on Twitter. He responds to Tweets, because he's menschy that way, but this?

Please encourage the powers that be at MSNBC to allow him to do the interview. I'm looking for an e-mail address, but all I'm finding are those for specific shows. Here is one that may work: GeneralComments@feedback.msnbc.com or viewerservices@msnbc.com .

Let's do what we can to inform more Americans about this:

My Convo with a Gitmo Detainee Lawyer: “I’ve given up on American media.”

Part 2-- Gitmo Detainee: "Obama has perhaps broken the spirit of the detainees in a way the former administration could never.

Part 3--Gitmo Detainee Lawyer: "I guess the days of attorney/client privilege are over in GITMO."

I'll be posting Parts 4 and 5 next week.

Thanks to those of you who have already gotten these stories around. I've seen a genuine interest and bursts of activity, which just goes to show you that we can make a real difference.