Judge Orders Mohamedou Slahi Released
Remember Mohamedou Slahi, the Gitmo detainee who they loaded onto a boat and drove around to give him the impression he was being moved? The judge in his habeas case has just ordered him released–though we don’t know why yet. (h/t cs)
Slahi is the 34th Guantánamo detainee ordered freed since the U.S. Supreme Court ruled detainees could challenge their incarceration in federal court, but his name was already well known because of investigations into detainee abuse.
Those probes found Slahi had been subjected to sleep deprivation, exposed to extremes of heat and cold, moved around the base blindfolded, and at one point taken into the bay on a boat and threatened with death. Investigators also found interrogators had told him they would arrest his mother and have her jailed as the only female detainee at Guantánamo if he did not cooperate.
The interrogations were so abusive a highly regarded Pentagon lawyer, Marine Lt. Col. Stuart Couch, quit the case five years ago rather than prosecute him at the Bush administration’s first effort to stage military commissions.
Read the whole Carol Rosenberg story. As she notes, the judge in question, James Robertson, has had just one other habeas case. And in spite of the fact that he found that case to be “gossamer thin,” he upheld that prisoner’s detention. Suggesting he has ruled Slahi released either because of the torture he underwent (including threats of death that–we know from the OPR Report–John Yoo had warned were clearly torture), or he was set up in a major way.
And, as Rosenberg further notes, Robertson is the guy who first ruled Hamdan’s case to be unconstitutional.
Golly, you think a judge will finally challenge the notion that the government can just detain someone indefinitely because we tortured him into a false confession?
Thanks for the good news EW. There hasn’t been enough of that lately : )
On a related note, from the WaPo:
(My Bold)
Heaven forbid judges would have to decide the law. Why, let’s allow the Executive branch be the decider.
Sound familiar?
You know, that’s EXACTLY what this crap about a Rahm-Lindsey negotiation/deal on military commissions/civilian trials is really about.
They are deliberately circumventing the third, co-equal branch of government by determining ahead of the judiciary what the disposition is of persons already rendered and detained, whether charged or uncharged.
And it’s not the Executive Branch which will decide; if this negotiation continues, it’s a cooperative decision between the Executive and Legislative Branches to cut out the Judiciary.
Have continued to wonder what the real driver was behind Jack Goldsmith’s op-ed last week; it looks like Goldsmith advocating for avoiding the Judiciary.
Why should that be news?
Remember retroactive immunity? All Walker was allowed to do was read Mukasey’s certification. Turned him into an office clerk, they did.
Oh, and as I recall, Goldsmith and Comey supported retroactive immunity w/an op-ed, too.
But Captain Jack and Big Jim are such heros; how can that be??
You’re right. It’s unpossible. I’ll have to retract.
And let’s not forget the “retroactive immunity” concocted by Lindsey Graham & Co. in the Detainee Treatment Act (DTA) legislation:
Not to mention the removal of “habeas corpus” from the judicial toolkit:
Shorter Lindsey Graham: “If at first you don’t succeed, try, try again.”
Good point.
God I hate these fuckers. Republicans only get originalist when they get a judgeship.
Typical Rahmbo strategy: “If we do everything the Repugs want, they can’t use it against us.”
If there’s another Democrat who does more to enable Repug objectives, I don’t know who it is.
The man is world-class fookin’ stupid.
Which I suspect is why no Republicans have joined with Dennis Kucinich’s call to have his Fannie/Freddie dealings checked out. They like him just fine where he is.
Let lindsey defend donald in his treason trial.
Lock um both up with his $5 carpet.
They were made for each other.
Retroactive Immunity had a different cast of negotiators and began under a different administration. This time it’s wholly under the Obama administration, under an executive who’s supposed to be a scholar of the Constitution.
Yeah, and Goldsmith has a bit of an M.O. going now, doesn’t he?
That and all the “AG Holder is weak” articles “suddenly” popping up in all the wingnut propaganda outlets:
From today’s WSJ: In Holder’s Woes, a Déjà Vu
From today’s Moonie Times: Eric Holder on the griddle
From today’s Hot Air blog: Holder on the way out?
And don’t let anybody tell me this isn’t all by design.
The timing was supposed to fuel the fire for Holder’s scheduled appearance at the SJC tomorrow, but it got postponed until April 14th.
Lucky him. Now he’ll just have to endure it all again when the wingnuts reload for the 14th.
Ah cool, thanks for that. I’m away from home, and that means McCaffrey the MilleniaLab and I can spend more time wandering sand dunes now.
The Repugs are reportedly livid.
Used up all their little blue pills getting ready only to have Leahy zip it up.
Nothing is more pleasurable than Repug coitus interruptus. *g*
So, where are you and McCaffrey hangin’ out? Cheboygan? Muskegon? Traverse City?
I’m not telling, cuz I’m spitting distance from Eric Prince’s original stomping grounds and I wanna lay low.
;-p
Well, enjoy the Spring weather! It came a month early here on the tundra and I’m thinking of a little relaxing sojourn around Minnesota myself.
Dang retired people!!
It’ll be 50 tomorrow. Already threatening to be warmer than what we expected–good old Irish weather.
Hey, I had to be picking ticks off my dog today. Not fun. So don’t go carping about early spring around me.
My dog got a tick in Valley Forge in December a year ago–his first real tick. I think the ticks on hte Atlantic seaboard are full 4-season ticks.
Well, down here in the limp appendage to the country, we celebrate “winter” by tacking a whole extra week or so onto the 30 day cycle between Sentinel tablets for all those vermin going after our dogs…
It has been about 60 or so here for the last couple of weeks, and during March in Minnesota, that’s saying something.
Normally, we’re still using icepicks to unlock our car doors in March, but there is zero snow left here in the Twin Cities unless its a snowball tucked away into the freezer for July 4th snowball fights.
Is lindsey graham, as a JAG no less, involved in a CRIMINAL CONSPIRACY TO COVER-UP REPUBLICAN TORTURE ?
Here’s the real news – Graham’s stupid (in the immoral, sort sighted, visionless, egocentric blind spots kind of way), but not ignorant.
If someone actually put together something that was less atrocious on paper than the Military Commissions Act (that *good guys* like Sherrod Brown fell all over themselves to vote for) they’d have a good shot.
The court has indicated that it wouldn’t necessarily require a hearing in front of a Judiciary Branch judge if the rules in question papered enough process for the court to call it a reasonable substitution.
Of course, that begs the question of how, with Article 147, you can ever have a fair process since if you don’t find your detainees to be detainable as combatants (and/or material supporters) you are also proactively finding that Article 147 was violated.
Unless, of course, in addition to setting up bases to bomb their people Pakistan (and places like Britain and Germany and Somalia etc.) also let us set up tribunals on grounds before we take their citizens out of country.
You can’t ever “fix” the problem until you recognize it for what it is and that’s something Graham will never do and something that Obama and Holder and pretty much everyone else has completely run away from. I ready to finish putting spam block on even Leahy and Feingold – I’m just so disgusted.
On a side note, I just got off the phone with his defense attorney and she said she has been receiving emails and phone calls from people all day accusing her of being a terrorist sympathizer and that she “ought to join with the terrorists.”
Was that Lizard Cheney on Caller ID?
I’ll bet they hired people to make phone calls like that the sick bastards. Or maybe that’s Dick’s new p/t job
I can see Ticky Dick now: “Turn yourself in, you dirty Commie — AAAGGGH GET THE DEFIBRILLATOR!!!”
This is what we’re really up against. Not Obama, not Holder, but the mass of people who don’t understand the Constitution and don’t believe in the Bill of Rights. We need to do a much better job of public education and civics.
Bob in AZ
Also, regarding Slahi, from the SASC report (my emphasis):
Rosenberg says they threatened him with execution–that’s new isn’t it (I’m on the other side of the state from my torture library and I’m already feeling like it’ll be one of those trips where things go down while I’m seeing aspens, IN REALITY, turn.
Actually, it’s not new. Amnesty Int’l posted this a while back (very comprehensive) about his rendition and torture and said Schmidt/Furlow investigation found he was threatened with death.
Thanks!
I’m feeling naked w/o my dead tree docs!
What you ain’t got more netbook memory than a Radio Shack TRS-80 or something?
I have exceeded my geek quotient with that joke………..
Hey sonny, I was kicking around TRASH-80s as a kid the way some people kick cans.
They were the step up from the Vietnam-surplus terminal our high school had. Which itself was a step up from having to use card readers and #2 pencils. I still remember the joy we had in Mr. Gambucci’s class when the card reader blew up — damned thing couldn’t read for shit even if you coded your card perfectly.
Oh, and when Mrs. Ostrand, the science teacher, got in the two Apple IIs — Tweedledee and Tweedledum — that were networked to each other and also had the modem hookup to the MECC computers so we could play “Oregon Trail”… that was Heaven.
Yeah, well, that is my utter dismay you have referenced right there…..
Hey, I think a TRASH-80 was the very first PC that I owned! That was back in the days of the CD-sized “floppy disk,” in a squarish plastic envelop. I still have a bunch of them around, somewhere.
Bob in AZ
TRS-80s with large floppies??? You young people bug me. My first trash-eighty had a cassette deck.
I was going to say the same. Heck, I even had an Apple II with a tape recorder. The PC was the first computer in our house with a fancy new disk drive.
I think that in those days of tape recorder data files on the Apple II and TRASH-80, I was using a Kaypro with floppy disks at the University of New Mexico. Remember the Kaypro? It was, after all, “portable.”
Bob in AZ
I met an Osborne, and a protype of the Grid computer.
Portable, in the sense I know as ‘[Army | Navy] portable’:
it has at least one handle on it and can be moved from place to place on a [truck | ship]. (Like Tektronx oscilloscopes were ‘portable’.)
See this comment on the earlier thread. WSJ ran a profile of Stuart Couch in 2007 that included the death threat in the boat. From the link I found:
You’re just seeing Aspens turn, now??? In March?
Or are the Aspens you’re seeing turning green now?
Here in the snowfall capitol of the lower 48 (Flagstaff, AZ), the glacier on my roof is dwindling, and the shrinking snow drifts are starting to reveal buried bushes, but the Aspens in my front yard haven’t started budding yet.
Bob in AZ
Couch had indicated that death threats were used against Slahi when he resigned:
http://www.pierretristam.com/Bobst/07/wf040107.htm
Robertson could, in addition to or in lieu of the torture, be focused on the combatant and maerial support issues. IIRC, while Slahi has confessed to jihad involving the Soviets and possibly with telling binalshibh et al how to get in touch with the Taliban for training, the main evidence that he was a high up current al-Qaeda operative came from binalshibh and gosh, it’s not like there was any torture involved there …
IOW, he might be setting some boundaries on civilian courts and charges v. indeterminable detention as a non-combatant combatant in the only war guaranteed to outlast the war on poverty.
I nominate mr Rumsfeld for a FUCKING TREASON TRIAL
Also, from the SASC report P 166 of the PDF
Two points.
I wonder if there’s a section of the OPR report that remains redacted, but which the govt had to release to his lawyers, about his treatment?
Also note that dogs are one of the few things specifically ruled out in Appendix M–at least as we see it.
Interesting. I’m going to follow up on that. Also note from the Amnesty link:
“Sleep adjustment”? Nice Eichmannish phrase for prolonged deprivation, usually accompanied by sensory overload – lights, noise, wildly loud music, dramatic temperature changes – the combination of which could easily become torture.
Threats of death, as many know, are specifically prohibited as banned torture.
I wonder what Mr. Obama will do to attempt to stop the dreaded drip, drip of torture facts becoming public and staining him and his administration, not just the Republicans and their “brand”?
Next thing you’ll know some uppity independent judge might conclude that having tracheotomy kits for questioning is kinda of a red flag. Some other judge might conclude that cutting a human suspect’s penis with a scalpel is over a BRIGHT line.
ew,
thanks for this post.
(recertaincomments,alittlesecurityconsciousnessmightbewise.)
i wonder if the regretably slow developing, but nonetheless developing, view of the involvement of the u.s. doj in sanitizing
torture by cia and dod, is beginning to impinge on the thought processes of federal judges, at least those not as highly partisan as silberman, scalia, roberts, et al.
if so, the emptywheel site might well bear some responsibility.
Of course, he wins the habeas ruling, but when will he be released. Will the Mauritanians take him? The Germans?
A fascinating Der Spiegel article on Slahi (10/09/08), h/t Andy Worthington. Note that Slahi is another one of these purported masterminds. He reportedly was fingered by Binalshibh.
Snippets
Funny, how this comes down on the day the S.Ct. denied cert in Kiyemba II, letting stand the D.C. Circuit’s decision that no judge has the power to order a detainee released into the US.
In other words, sad to say, Slahi is likely to be little ado about nothing.
Hey Marcy, I asked his attorney about the OPR report and she said she was not shown anything or told that there was anything in there that referred to him. Also, Jeff, an unclassified copy of the ruling will likely coime out in two weeks but the DOJ will likely ask for a stay from what I have gathered and so it does not look like he will be released anytime soon
Why am I not surprised?
That’s horrible what his attorney is being subjected to. The entire purpose of the right-wing assault, is to freeze opposition to their “anti-terrorist” campaign, one way or the other… if not by new laws, then by spreading fear among those whose work is to provide constitutional protections. Remember what they did to Lynne Stewart. Here’s what Ramsay Clark had to say about the intent of that prosecution (taken from Wikipedia, who sources to DemocracyNow!):
This is also what happened during the McCarthy period, when few came forward to defend those labeled communists, i.e., outside the pale.
I thought the prosecution of Stewart was a tad overzealous, but not totally unwarranted; there was some definitely inappropriate conduct. And Ramsay Clark is not the most credible voice here.
They’re going to ask for a stay from the ruling (which is expected) or from producing an unclassified opinion? The latter might make the judge a little cranky.
Oh sorry bout that. A stay from the ruling.
I don’t know about a stay, but they will likely fight over parts of it, like they did with Kessler’s decision in the Fahri Saeed Bin Mohammed case.
http://www.aclu.org/files/assets/12170928jECF.pdf
She didn’t buy into the torture as evidence bit either.
BTW – remember that Couch was going to go and testify before Congress, but Haynes intervened and ordered him not to and he’s never been called back with the admin changes and Dems in charge. If it’s not theatre and if you have staked out being the new torture-keeps-America-safe territory as your own, I guess there isn’t much interest.
Performed by Charnett Moffett
Now on to a totally OT, gossip-spreading, wildly speculative, and wholly unsubstantiated rumor-mongering question concocted by nothing more than my own unhinged mind:
In my comment in your previous post, I mentioned that Politico piece announcing their hiring of Davey Weigel.
I thought a curious bit at the end of that Politico piece was this:
And now to my “question”:
Would it be farfetched to envision EW as a candidate for that WaPo blogger position?
In my view, not if top quality and superior blogosphere cred were your highest goals.
WRT Weigel, while he does have a bizarre problem with Jane, his reporting on the right is good. And I’d rather have him cover the right than, say, Eric Erickson. So I think it was a good choice.
As for me, rest assured, WaPo is not interested in me nor I in them. And I don’t cover the left. I cover torture, among other things, and the WaPo isn’t all that interested in covering that, as demonstrated by their employ of Thiessen.
Weigel is by far the best reporter covering the right (although he doesn’t have many contacts among the religious right). I hope his work for the WaPo is as good as his stuff for the Windy. I can’t thing of anyone remotely comparable covering lefty politics, but then, I don’t think you need the same kind of coverage for the left.
Yes, I am sure the WaPo powers that be took a real shine to Marcy from all of the Pay2Play Salon posts here…..
I think the publisher would be more likely to poison Marcy than hire her.
Boxturtle (And can you imagine Marcy tolerating that level of editorial control?)
Filed under the “Give Me a ****ing Break” file: my heart beat faster when I saw the AP headline touting an exclusive story on pending charges against Blackwater. And then I read that it’s only pertaining to “stockpiling” a whole 22 automatic weapons in North Carolina. Sheesh. That’s such a non-story that I refuse to even link to it. I’ll bet there are 80 year old ladies in North Carolina with more automatic weapons than that.
[Yes, I’m lookin’ at you Rep. Foxx, what are you gonna do about it?]
Well, phooey. I’m petty, small-minded and frustrated enough to have gotten a bit of enjoyment out of that, even if it is penny-ante. But, I’ll follow your more high-minded, rational perspective and not provide the link, either.
Beware the fearsome chili grenade! Let’s see that on Food Saturday…
Carol Rosenberg*s paper*s 2MB dossier on Slahi contains some interesting thorough excerpts from a tribunal transcript, and even an in propria personal petition for habeas in longhand script. A quick reading, the tortured detainee was in alQ actively for 10 weeks in the early 90s, but was the brother of alQ brass, so, a person of interest. His occupation was IT. His country of origin has some village-like traditions with regard to arrest and extradition; I once met someone who explained that country*s civil law in that respect. Perhaps UK will intervene, as, for personal safety*s sake, Slahi has requested to live in the US, amazingly, after the gamut and nine years without habeas or a fair trial.
re OT, the problem with cassette is the databits stretched after a few media accesses read funny, if at all. The laptop100 was a better value for its day, though had no internet cafe wifi option; and Compuserve was a waste of time, faster to buy the paper. Reagan quintupled the price of memory chips imports, so ordering a 128KRAM machine meant $300. premium increment on price. Fortunately, sub-micron chip fab, plus portable media were key to bringing computers into reach of personal budgets nearly worldwide. Slahi is into microelectronics, too, op cit.
BTW – MPs and charities and human rights orgs ratchet up the pressure on Gordon Brown.
http://www.independent.co.uk/news/uk/home-news/mps-and-charities-seek-torture-inquiry-1925035.html
Good! Britain was not a wholly independent actor in its torture program, so perhaps this will help pry the lid open on more details of the American involvement. Maybe we’ll even get to understand the difference between the wagging tail and the dog.
Bob in AZ
Mccaffrey Y2KLab, it*s ok for you, though.