Janice Rogers Brown and Our Failed Justice System Killed Adnan Farhan abd al Latif
Since the Pentagon announced a detainee died yesterday, I’ve been praying it wouldn’t be Adnan Farhan abd al Latif, even as details suggesting it was–that the detainee who had died had been a hunger striker, that he had never been charged–piled up.
But I knew it was.
The detainee found dead in a maximum-security cell at Guantánamo was a Yemeni captive with a history of suicide attempts who at one time won a federal judge’s release order, only to see his case overturned on appeal and rejected by the U.S. Supreme Court.
The detention center on Tuesday identified the dead captive as Adnan Farhan Abdul Latif, in his 30s, held since January 2002 as prisoner No. 156.
Latif was found unconscious in his cell Saturday afternoon, the military said. Guards and military medical staff could not revive him. He was the ninth detainee to die in the 11 years of the detention center.
The military withheld Latif’s identity while the Naval Criminal Intelligence Service began an investigation and the Obama administration notified members of Congress and Latif’s family of the death.
What did they think would happen to this man, against whom there was just one scrap of evidence, an intelligence report, with several acknowledged errors, from an interrogation taken in Pakistani custody at a time when Pakistanis were inventing stories about Arab men for bounties. DOD even had exonerating information about Latif–evidence from their own intake form that he had the medical records showing a head injury he claimed he had traveled to Pakistan to treat. And DOD had cleared Latif for release over and over and over.
In spite of that, both the Obama Administration and Circuit Court Judge Janice Rogers Brown proceeded on the assumption that inculpatory government records were entitled to a presumption of regularity, but exculpatory ones weren’t.
It was as if it was just a joke, some rigged game to help the Obama Administration shut away Gitmo, back to what it had been before Boumediene.
I’m sure they’ll release a report that Latif finally found a way to bypass all the efforts the government had made to force him to live out this limbo, a probably innocent man rounded up in the confusion after 9/11. I’m sure they’ll say Latif killed himself.
But Latif gave our legal system a good faith effort, fighting all the way to the Supreme Court. And it failed him. It failed to uphold the simple principle that the government’s evidence to hold someone indefinitely should be something more than a single problematic interrogation report refuted by 10 years of interrogations.
And whatever report they release explaining his cause of death, it was that fundamental injustice that killed him.
Update: Here are all my posts on Latif.
Pakistani Bounty Claims: Adnan Farhan Abd Al Latif and TD-314/00684-02
With Latif Decision, Section 1031 Authorizes Indefinitely Detaining Americans Based on Gossip
Latif: The Administration Blew Up Habeas with a Detainee They Determined Could Be Transferred
Who Will Redact Our Next Big Constitutional Debate?
Latif and the Misattribution Problem: “All Arabs Look the Same”
Latif: Presumption of Regularity for Thee, But Not for Me
Prediction: Latif Will Be Repatriated
Janice Rogers Brown Sings “Follow the Yellow Brick Road” as She Guts Habeas
Confirmed: The Government Is Blowing Up Habeas with an Interrogation Report Involving Pakistan
Going to Jihad with the Medical Records You Have, Not the Jihad Fighters You Might Want
The Government Continues to Play Redaction Games with Latif
The Problem with Equating Travel Routes and Terrorism: 34 Dead Civilians
SCOTUS Reviews the “Military Age Male” Standard on Thursday
Update: Some more key documents on Latif:
Witness for Torture’s page on Latif, including a poem he wrote about his despair
An amicus curiae brief from intelligence professionals and evidence professors calling for Latif’s release
An amicus curiae brief from a bunch of retired judges talking about the damage this case would do to habeas
Three desperate letters Latif wrote to his attorney, David Remes
Here’s the official press release from Southcom: http://www.southcom.mil/newsroom/Pages/NEWS-RELEASE-Joint-Task-Force-Guantanamo-Releases-Deceased-Detainee%E2%80%99s-Identity.aspx
I am so sorry. I grieve with thee.
My heart breaks thinking of this man’s reality: alone, abandoned, abused, rebuffed at every turn, and enduring it for more than 10 years.
RIP, Adnan Farhan abd al Latif. May your spirit find peace after the long hell you were put through. May your murderers, for that is what they are, find no rest from the inhumanity of their actions.
From David Remes, al Latif’s attorney:
Let’s remember, too, that earlier deaths at Guantanamo have not been adequately explained, though in a real sense, Guantanamo killed these detainees, too.
http://truth-out.org/index.php?option=com_k2&view=item&id=6981:recently-released-autopsy-reports-heighten-guantanamo-suicides-mystery
http://truth-out.org/news/item/8112-citing-truthout-report-un-special-rapporteur-looking-into-guantanamo-suicides
http://harpers.org/archive/2010/01/hbc-90006368
http://law.shu.edu/About/News_Events/Program_Highlight/Guantanamo-Report-Shedding-Light.cfm
@Jason Leopold:
“…consistent with the law of war… safe, humane, legal and transparent”.
Right.
Wait for it … “see, he wasn’t detained ‘indefinitely’, he isn’t being detained any more.”
What a tragic disgrace is being played out under the name of “United States of America.” Is there an endgame to this? Or did we just get an example of the endgame plan?
We have met the enemy and it is US…
If I’m wrong here, I hope our resident legal eagles will correct me.
I believe that with Latif’s death, no remaining effort by Latif’s lawyers can take place to overturn Janice Rogers Brown horrid ruling and it will now stand as established precedent cited nationwide until and unless some other unfortunate (and not just a detainee, perhaps even you) is trapped in its Kafkaesque legal nightmare of presumed guilty until proven innocent.
@MadDog: Yes, please let us know if this is true, as it could — and I stress “could” — be a reason for some to have wanted to see Latif dead.
Thank you for writing this. As a Pakistani American who’s constantly spoken against the GWOT and allied “efforts”, I am ashamed to see Pakistan’s government complicit. Sharing this now.
OT and more related to Jim’s post today, it seems Crazy Bibi is dead set on attempting to influence the US Presidential Election in favor of Romneycare:
Even the WSJ can figure out what is going on:
@MadDog: Not to be outdone by the WSJ, the NYT makes US Presidential politics its lede paragraph about the story:
Truly a nightmare. Only Nixon can close Guantanamo.
Meant that as a question. Only Nixon can close Guantanamo?
I would note that Charlie Savage of the NYT has a pretty good piece on the Latif story:
Detainee Who Died at Guantánamo Had Release Blocked by Court
I’d lose hope after 10 years, too. I’ll read your posts on the very young Adnan Farhan abd al Latif. I’m still hoping that Obama will cry about this. I hope, but then again, I’m pretty darn stupid.
I just want y’all to know that I “knew and loved” (no, not really) Janice Rogers Brown before she was a twinkle in Bush’s eye.
And with that, I need to go puke.
@MadDog:
If the Maher Arar case shows us anything, it’s that being proven innocent doesn’t mean a damn thing to these folks. The presumption of guilt is a life sentence (and sometimes a death sentence).
@MadDog: If I was a creative muckraking lawyer I might notice that Latif is still as alive as any corporate person has ever been, and corporate persons have clearly [immaculately] judicially established 14th amendment rights to equal due process, and keep on suing until that point is noticed by the Supreme Court. Remember that poster that Amy Goodman picked up on, “I’ll believe a corporation is a person when Texas executes one.” Well now.
@MadDog: While he is not the only one presently afflicting the world (there are too many demagogues ranting and raving to count), Crazy Bibi is exactly what I meant by a Manipulator.
@Ken_Muldrew: Your correction is humbly noted and agreed with. Innocence, shminnocence.
Shorter US government: “We don’t care about no stinkin’ innocence!”
@thatvisionthing: That Amy Goodman quote is a keeper!
Barack Obama, Democratic National Convention Keynote Address 2004:
… yada yada …
Who knew?
Latif’s case was perhaps the biggest shame of the DC Circuit. I don’t have the answer as to whether it can continue but my gut tells me no-that his death mooted the case. Having said that I will also say that Latif’s legal team is one of the best out there and if there is anyway to keep the case alive they will come up with it. the full statement from Latif’s lawyers is on my blog: http://gtmoblog.blogspot.com/2012/09/rip-adnan-farhan-abdul-latif.html
RIP Adnan.
@MadDog: This Guardian piece also strongly notes the obvious attempt by Crazy Bibi to interfere in the US Presidential campaign in favor of Romneycare (no, not the health insurance one, but the total subservience to an Israeli tail wagging the US dog one).
I find of particular note this passage about Crazy Bibi’s ranting and raving against the US in his deliberately setup “confrontation” with the US Ambassador to Israel in front of House Permanent Select Committee on Intelligence Chair, Repug Mike Rogers:
I stand by my comment that Crazy Bibi is one of those Manipulators who afflict us all.
Found it. From The Daily Show, June 15, 2010, Respect My Authoritah. I remember it from when I had TV.
Then he moved on to rendition, secret programs, state secrets, curtailing Miranda rights, prosecuting whistleblowers, and having people killed at whim. And that was two years ago.
@hcgorman: I was afraid that the Latif decision by Janice Rogers Brown & Co. of the DC Circuit would stand, and your conjecture that the case going forward is likely mooted now comports with my suspicions.
While IANAL, it’s my understanding that technically-speaking, the DC Circuit’s Latif decision is only precedent within the confines of the DC Circuit, but that in reality, decisions like this tend to cross Circuit court boundaries and are often then cited in other Circuit decisions with the effect of nationally imposing a really awful standard of minimal government proof in cases by the US government that have nothing at all to do with detainees.
@hcgorman:
Thanks for linking to the entire statement of Adnan’s lawyers. They say:
@hcgorman: Candace, thank you for the statement.
I cannot, however, see any way, in light of both earlier precedent and Gitmo precedent, the matter is not mooted. In the unlikely event it ever was allowed to go forward on a civil basis, I think it would create even worse law than we likely have already.
@Ken_Muldrew: You said one of my favorite things once, in Mary’s Cap’n Jack post:
h/t
(wow, two years to the day)
A Cry for Help from Guantanamo: Adnan Latif Asks, “Who Is Going to Rescue Me From the Injustice and the Torture I Am Enduring?”
As a Muslim from the other side of the world I hold ALL Americans and the government of the United States of America responsible for the murder of Adnan Farhan abd al Latif.
It is sickening to see how the average educated American turned his face the other way, and ignored the horrors that US government committed in his name for decades, while obfuscating the world with patronizing lip service.
It is about time that Americans realized that their ‘occupy’-type movements will not yield any results if they are not ethical and courageous enough to stand up and put an end to their hateful wars and neo-colonial campaigns in Asia and Africa.
RIP Adnan Farhan. May Allah bless your soul.
May Allah give the Americans the courage to stand up and do the right thing.
@harpie:
From Poems From Guantanamo:
I nominate George W. Bush and Barack Obama as American representatives to accompany Latif’s body back to Yemen for presentation to his family. Or will his body just be dumped in the ocean?
A quibble: the “legal system” didn’t fail him. The system, including its laws on torture, habeas corpus, wrongful death, etc., has always been open and ready to do the business it’s intended to do. Rather, it was a collection of identifiable-by-name individuals — starting with two commanders in chief, their respective minions in the military, the interrogators, the people’s representatives in Congress, and ending with the likes of Janice Rogers Brown, all ably supported by countless lawyers (lawyers!!) and all, fundamentally, hacks of the first order — who are responsible. Yes, half of that amorphous mob known as “the American people” stoutly support them and what they represent, but let’s not enable the perpetrators glide into anonymity.
I do believe the “legal system” failed him and is failing us. Janice Rogers Brown is a link in a chain of fail when she could have been, like Judge Forrest, the beginning of a snap back.
I want to go back to what I said @19: “Latif is still as alive as any corporate person has ever been, and corporate persons have clearly [immaculately] judicially established 14th amendment rights to equal due process…”
Is there something that literally says you have to be alive to have standing as a person? In which case, explain corporate personhood to me. As I understand it, the thing that corporations used to become “persons” is the 14th Amendment, where persons have an equal right to due process, and that extends to the 1st Amendment right to free speech, which in turn equates money as speech, which in turn means they can buy our elections and drown out our puny human voices and the war machine cannot be stopped by reality or reason or conscience as long as it is profitable. Thing is, the court said I think, the concept of speech is so protected and important to us all that we can’t start regulating processes to determine and screen out impermissible paid speech versus rightful people speech, and I believe that’s why Glenn Greenwald thought Citizen’s United was actually correctly decided. (Okay, but explain to me then why Occupiers’ right to speak and assemble can be regulated and abridged on sight by police.)
Anyway, Latif’s case and the concepts involved are that important to us all too. I can’t see why the lawyers can’t continue it, on behalf of us all. He had standing before in a due process that hasn’t played all the way out, and I can’t see that the court even notices — CAN notice — the life of the party when they determine viability to proceed. Me the citizen, I don’t even see that the topic comes up to the judicial notice level — has anyone looked? If they can notice a person is unliving but haven’t noticed that corporate persons are unliving, what step in equal due process is that? I mean, does it exist, and how so? Corporations had standing in court before personhood and the world didn’t fall apart from nonsense when they weren’t persons. What we’re talking about is equal due process.
I think you’re being too sane, and their world is not sane, and you’re not recognizing it. It’s their idea about the concept that counts, and the court has totally lost touch with reality and can’t care about it anyway, so keep going with the concept you were litigating. We’re never going to survive unless we go a little crazy. Latif is still as alive as any corporate person has ever been, his case still judicially matters as you all have explained, just as Rosa Parks mattered to all of us and not just to herself and the outcome of her case would still have mattered to us all even if she had died before her court process had played out. If the question comes up, just demand his equal rights to due process, the concepts in litigation are still very alive, what’s your problem? You’ve never had this problem before.
I actually like this quite a bit. Obama gets to kill anyone he wants, it’s cleaner and more elegant for him than all that messy capturing and imprisoning anyway, and when they’re dead his untouchable power grows and his problem is gone. Dust off hands. Well what if it isn’t?