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Hearing for Majid Khan
C05403115 o (b)(1) (b)(3) Verbatim Transcript of Combatant Status Review Tribnnal Hearing for ISN 10020 OPENING PRESIDENT: This hearing shall come to order. RECORDER: This Tribunal is being conducted at 08:42 on 15 April 2007 on board U.S. Naval Base Guantanarno Bay, Cuba. The following personnel are present: Colonel United States Air Force, President, Commander United States Navy, Member, Lieutenant Colonel United States Air Force, Member, Major United States Air Force, Personal Representative, Sergeant First Class United States Army, Reporter, Major_United States Air Force, Recorder. Lieutenant Colonel_is the Judge Advocate member ofthe Tribunal. OATH SESSION 1 RECORDER: All rise. PRESIDENT: The Recorder will be sworn. Do you, Major-swear or affirm that you will faithfully perform the duties as ~signed in this Tribunal, so help you God? RECORDER: I do. PRESIDENT: The Reporter will now be sworn. The Recorder will administer the oath. RECORDER: Do you, Sergeant First Class swear that you will faithfully discharge your duties as Reporter assigned in this Tribunal, so help you God? REPORTER: [ do. PRESIDENT: We'll take a briefrecess while the Detainee is brought into the room. RECORDER: The time is 08:43 on IS Apri12007. This Tribunal is now in recess. All rise. [All personnel depart the room.] CONVENING AUTHORITY RECORDER: [All personnel return into the room at 08:48.] All rise. PRESIDENT: This hearing will come to order. You may be seated. Good morning. DETAINEE: Good morning. How are you guys doing? ISN # 10020 Enclosure (3) Page1 of50 C05403115 PRESIDENT: Very good, fine, thank you. This Tribunal is convened by order ofthe Director, Combatant Status Review Tribunals under the provisions ofhis Order of 12 February 2007. -
The Value of Claiming Torture: an Analysis of Al-Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back, 43 Case W
Case Western Reserve Journal of International Law Volume 43 | Issue 1 2010 The alueV of Claiming Torture: An Analysis of Al- Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back Michael J. Lebowitz Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Michael J. Lebowitz, The Value of Claiming Torture: An Analysis of Al-Qaeda's Tactical Lawfare Strategy and Efforts to Fight Back, 43 Case W. Res. J. Int'l L. 357 (2010) Available at: https://scholarlycommons.law.case.edu/jil/vol43/iss1/22 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. File: Lebowitz 2 Created on: 1/9/2011 9:48:00 PM Last Printed: 4/5/2011 8:09:00 PM THE VALUE OF CLAIMING TORTURE: AN ANALYSIS OF AL-QAEDA’S TACTICAL LAWFARE STRATEGY AND EFFORTS TO FIGHT BACK Michael J. Lebowitz* I. INTRODUCTION ..................................................................................... 357 II. CLAIMING TORTURE TO SHAPE THE BATTLEFIELD .............................. 361 A. Tactical Lawfare ........................................................................... 362 B. Faux Torture ................................................................................. 364 C. The Torture Benchmark ............................................................... -
True and False Confessions: the Efficacy of Torture and Brutal
Chapter 7 True and False Confessions The Efficacy of Torture and Brutal Interrogations Central to the debate on the use of “enhanced” interrogation techniques is the question of whether those techniques are effective in gaining intelligence. If the techniques are the only way to get actionable intelligence that prevents terrorist attacks, their use presents a moral dilemma for some. On the other hand, if brutality does not produce useful intelligence — that is, it is not better at getting information than other methods — the debate is moot. This chapter focuses on the effectiveness of the CIA’s enhanced interrogation technique program. There are far fewer people who defend brutal interrogations by the military. Most of the military’s mistreatment of captives was not authorized in detail at high levels, and some was entirely unauthorized. Many military captives were either foot soldiers or were entirely innocent, and had no valuable intelligence to reveal. Many of the perpetrators of abuse in the military were young interrogators with limited training and experience, or were not interrogators at all. The officials who authorized the CIA’s interrogation program have consistently maintained that it produced useful intelligence, led to the capture of terrorist suspects, disrupted terrorist attacks, and saved American lives. Vice President Dick Cheney, in a 2009 speech, stated that the enhanced interrogation of captives “prevented the violent death of thousands, if not hundreds of thousands, of innocent people.” President George W. Bush similarly stated in his memoirs that “[t]he CIA interrogation program saved lives,” and “helped break up plots to attack military and diplomatic facilities abroad, Heathrow Airport and Canary Wharf in London, and multiple targets in the United States.” John Brennan, President Obama’s recent nominee for CIA director, said, of the CIA’s program in a televised interview in 2007, “[t]here [has] been a lot of information that has come out from these interrogation procedures. -
The Current Detainee Population of Guantánamo: an Empirical Study
© Reuters/HO Old – Detainees at XRay Camp in Guantanamo. The Current Detainee Population of Guantánamo: An Empirical Study Benjamin Wittes and Zaahira Wyne with Erin Miller, Julia Pilcer, and Georgina Druce December 16, 2008 The Current Detainee Population of Guantánamo: An Empiricial Study Table of Contents Executive Summary 1 Introduction 3 The Public Record about Guantánamo 4 Demographic Overview 6 Government Allegations 9 Detainee Statements 13 Conclusion 22 Note on Sources and Methods 23 About the Authors 28 Endnotes 29 Appendix I: Detainees at Guantánamo 46 Appendix II: Detainees Not at Guantánamo 66 Appendix III: Sample Habeas Records 89 Sample 1 90 Sample 2 93 Sample 3 96 The Current Detainee Population of Guantánamo: An Empiricial Study EXECUTIVE SUMMARY he following report represents an effort both to document and to describe in as much detail as the public record will permit the current detainee population in American T military custody at the Guantánamo Bay Naval Station in Cuba. Since the military brought the first detainees to Guantánamo in January 2002, the Pentagon has consistently refused to comprehensively identify those it holds. While it has, at various times, released information about individuals who have been detained at Guantánamo, it has always maintained ambiguity about the population of the facility at any given moment, declining even to specify precisely the number of detainees held at the base. We have sought to identify the detainee population using a variety of records, mostly from habeas corpus litigation, and we have sorted the current population into subgroups using both the government’s allegations against detainees and detainee statements about their own affiliations and conduct. -
Homeland Security Implications of Radicalization
THE HOMELAND SECURITY IMPLICATIONS OF RADICALIZATION HEARING BEFORE THE SUBCOMMITTEE ON INTELLIGENCE, INFORMATION SHARING, AND TERRORISM RISK ASSESSMENT OF THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS SECOND SESSION SEPTEMBER 20, 2006 Serial No. 109–104 Printed for the use of the Committee on Homeland Security Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html U.S. GOVERNMENT PRINTING OFFICE 35–626 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON HOMELAND SECURITY PETER T. KING, New York, Chairman DON YOUNG, Alaska BENNIE G. THOMPSON, Mississippi LAMAR S. SMITH, Texas LORETTA SANCHEZ, California CURT WELDON, Pennsylvania EDWARD J. MARKEY, Massachusetts CHRISTOPHER SHAYS, Connecticut NORMAN D. DICKS, Washington JOHN LINDER, Georgia JANE HARMAN, California MARK E. SOUDER, Indiana PETER A. DEFAZIO, Oregon TOM DAVIS, Virginia NITA M. LOWEY, New York DANIEL E. LUNGREN, California ELEANOR HOLMES NORTON, District of JIM GIBBONS, Nevada Columbia ROB SIMMONS, Connecticut ZOE LOFGREN, California MIKE ROGERS, Alabama SHEILA JACKSON-LEE, Texas STEVAN PEARCE, New Mexico BILL PASCRELL, JR., New Jersey KATHERINE HARRIS, Florida DONNA M. CHRISTENSEN, U.S. Virgin Islands BOBBY JINDAL, Louisiana BOB ETHERIDGE, North Carolina DAVE G. REICHERT, Washington JAMES R. LANGEVIN, Rhode Island MICHAEL MCCAUL, Texas KENDRICK B. MEEK, Florida CHARLIE DENT, Pennsylvania GINNY BROWN-WAITE, Florida SUBCOMMITTEE ON INTELLIGENCE, INFORMATION SHARING, AND TERRORISM RISK ASSESSMENT ROB SIMMONS, Connecticut, Chairman CURT WELDON, Pennsylvania ZOE LOFGREN, California MARK E. -
Requests Report
Received Request ID Requester Name Organization Closed Date Request Description Date 12-F-0001 Vahter, Tarmo Eesti Ajalehed AS 10/3/2011 3/19/2012 All U.S. Department of Defense documents about the meeting between Estonian president Arnold Ruutel (Ruutel) and Secretary of Defense Richard Cheney on July 19, 1991. 12-F-0002 Jeung, Michelle - 10/3/2011 - Copies of correspondence from Congresswoman Shelley Berkley and/or her office from January 1, 1999 to the present. 12-F-0003 Lemmer, Thomas McKenna Long & Aldridge 10/3/2011 11/22/2011 Records relating to the regulatory history of the following provisions of the Department of Defense Federal Acquisition Regulation Supplement (DFARS), the former Defense Acquisition Regulation (DAR), and the former Armed Services Procurement Regulation (ASPR). 12-F-0004 Tambini, Peter Weitz Luxenberg Law 10/3/2011 12/12/2011 Documents relating to the purchase, delivery, testing, sampling, installation, Office maintenance, repair, abatement, conversion, demolition, removal of asbestos containing materials and/or equipment incorporating asbestos-containing parts within its in the Pentagon. 12-F-0005 Ravnitzky, Michael - 10/3/2011 2/9/2012 Copy of the contract statement of work, and the final report and presentation from Contract MDA9720110005 awarded to the University of New Mexico. I would prefer to receive these documents electronically if possible. 12-F-0006 Claybrook, Rick Crowell & Moring LLP 10/3/2011 12/29/2011 All interagency or other agreements with effect to use USA Staffing for human resources management. 12-F-0007 Leopold, Jason Truthout 10/4/2011 - All documents revolving around the decision that was made to administer the anti- malarial drug MEFLOQUINE (aka LARIAM) to all war on terror detainees held at the Guantanamo Bay prison facility as stated in the January 23, 2002, Infection Control Standard Operating Procedure (SOP). -
Military Commissions: a Place Outside the Law’S Reach
MILITARY COMMISSIONS: A PLACE OUTSIDE THE LAW’S REACH JANET COOPER ALEXANDER* “We have turned our backs on the law and created what we believed was a place outside the law’s reach.” Colonel Morris D. Davis, former chief prosecutor of the Guantánamo military commissions1 Ten years after 9/11, it is hard to remember that the decision to treat the attacks as the trigger for taking the country to a state of war was not inevitable. Previous acts of terrorism had been investigated and prosecuted as crimes, even when they were carried out or planned by al Qaeda.2 But on September 12, 2001, President Bush pronounced the attacks “acts of war,”3 and he repeatedly defined himself as a “war president.”4 The war * Frederick I. Richman Professor of Law, Stanford Law School. I would like to thank participants at the 2011 Childress Lecture at Saint Louis University School of Law and a Stanford Law School faculty workshop for their comments, and Nicolas Martinez for invaluable research assistance. 1 Ed Vulliamy, Ten Years On, Former Chief Prosecutor at Guantanamo Slams ‘Camp of Torture,’ OBSERVER, Oct. 30, 2011, at 29. 2 Previous al Qaeda attacks that were prosecuted as crimes include the 1993 bombing of the World Trade Center, the Manila Air (or Bojinka) plot to blow up a dozen jumbo jets, and the 1998 embassy bombings in East Africa. Mary Jo White, Prosecuting Terrorism in New York, MIDDLE E.Q., Spring 2001, at 11, 11–14; see also Christopher S. Wren, U.S. Jury Convicts 3 in a Conspiracy to Bomb Airliners, N.Y. -
DOJ Public/Unsealed Terrorism and Terrorism-Related Convictions 9/11
DOJ Public/Unsealed Terrorism and Terrorism-Related Convictions 9/11/01-12/31/14 Date of Initial Terrorist Country or If Parents Are Defendant's Immigration Status If a U.S. Citizen, Entry or Immigration Status Current Organization Conviction Current Territory of Origin, Citizens, Natural- Number Charge Date Conviction Date Defendant Age at Conviction Offenses Sentence Date Sentence Imposed Last U.S. Residence at Time of Natural-Born or Admission to at Time of Initial Immigration Status Affiliation or District Immigration Status If Not a Natural- Born or Conviction Conviction Naturalized? U.S., If Entry or Admission of Parents Inspiration Born U.S. Citizen Naturalized? Applicable 243 months 18/2339B; 18/922(g)(1); 1 5/27/2014 10/30/2014 Donald Ray Morgan 44 ISIS 5/13/15 imprisonment; 3 years MDNC NC U.S. Citizen U.S. Citizen Natural-Born N/A N/A N/A 18/924(a)(2) SR 3 years imprisonment; Unknown. Mother 2 8/29/2013 10/28/2014 Robel Kidane Phillipos 19 2x 18/1001(a)(2) 6/5/15 3 years SR; $25,000 DMA MA U.S. Citizen U.S. Citizen Naturalized Ethiopia came as a refugee fine from Ethiopia. 3 4/1/2014 10/16/2014 Akba Jihad Jordan 22 ISIS 18/2339A EDNC NC U.S. Citizen U.S. Citizen 4 9/24/2014 10/3/2014 Mahdi Hussein Furreh 31 Al-Shabaab 18/1001 DMN MN 25 years Lawful Permanent 5 11/28/2012 9/25/2014 Ralph Kenneth Deleon 26 Al-Qaeda 18/2339A; 18/956; 18/1117 2/23/15 CDCA CA N/A Philippines imprisonment; life SR Resident 18/2339A; 18/2339B; 25 years 6 12/12/2012 9/25/2014 Sohiel Kabir 37 Al-Qaeda 18/371 (1812339D 2/23/15 CDCA CA U.S. -
I Would Like to Join Amnesty International. Copyright, but May Be Reproduced by Any Method Without Fee for Advocacy, Please Send Me Details
Close Guantánamo symbol of injustice undreds of men of many different nationalities have national security. Access to lawyers is perceived as Hbeen transported to the USA’s offshore prison camp detrimental to the interrogation process. Access to the at Guantánamo Bay, Cuba. At every stage of their ordeal, courts is seen as disruptive of military operations. their dignity, humanity and Arbitrary detention has been the result. “The United States Government will work to fundamental rights have advance human dignity in word and deed, been denied. Five years on, hundreds of men are still held in Guantánamo. None has been tried. None has appeared speaking out for freedom and against The first detainees were in court. All, in Amnesty International’s opinion, are violations of human rights.” flown from Afghanistan to unlawfully detained. Many have been tortured or ill- National Security Strategy of the USA, March 2002 Guantánamo in January 2002 treated, whether in Afghanistan or elsewhere prior to – hooded, shackled and tied their transfer to Guantánamo, or during their transfer, or down like cargo. They were the first of more than 750 as part of the interrogation process in the base, or just people of some 45 nationalities who would be taken to through the harshness of the Guantánamo regime – the base in this way, among them children as young as 13. isolating, indefinite and punitive. By association, their They have included people who were simply in the wrong families too have suffered the cruelty of this virtually place at the wrong time, dozens of whom were handed incommunicado island incarceration. -
View Issue As
national lawyers guild Volume 68 Number 4 Winter 2011 Turn to the Constitution in 193 Prayer: Freedom from Religion Foundation v. Obama, the Constitutionality and the Politics of the National Day of Prayer Gail Schnitzer Eisenberg Anatomy of a “Terrorism” 234 Prosecution: Dr. Rafil Dhafir and the Help the Needy Muslim Charity Case Katherine Hughes The National Defense 247 Authorization Act for Fiscal Year 2012: Battlefield Earth Nathan Goetting editor’s preface On April 17, 1952, with the U.S. nearly two years into the bloody “police action” against the “Godless Communists” in Korea and Tailgunner Joe McCarthy at the height of his foaming and fulminating power in the Sen- ate, President Truman signed into law a bill requiring presidents to exhort Americans to do the one thing the First Amendment seems most emphatic the federal government should never ask citizens to do—pray. The law establish- ing the National Day of Prayer was the result of a mass effort of evangelical Christians, such as Billy Graham, who rallied support for it during one of his “crusades,” to use the organs of government and the bully pulpit of the presidency to aid them in their effort to further Christianize the nation. After a push by the doddering Senator Strom Thurmond from South Carolina, who for decades expressed a uniquely southern zeal for God matched only by his uniquely southern zeal for racial segregation, the law was amended in 1988 so that the National Day of Prayer would be fixed on the first Thursday of every May. It has since become a jealously guarded and zealously promoted evangelical holiday of the politically active Christian right, who use it to perpetuate the false and self-serving narrative that a nation whose founding documents were drafted largely by Enlightenment-era skeptics and deists was actually designed by a council of holy men to be an Augustinian City of God. -
Anti-Terror Lessons of Muslim-Americans
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Anti-Terror Lessons of Muslim-Americans Author: David Schanzer, Charles Kurzman, Ebrahim Moosa Document No.: 229868 Date Received: March 2010 Award Number: 2007-IJ-CX-0008 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Anti- Terror Lessons of Muslim-Americans DAVID SCHANZER SANFORD SCHOOL OF PUBLIC POLICY DUKE UNIVERSITY CHARLES KURZMAN DEPARTMENT OF SOCIOLOGY UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL EBRAHIM MOOSA DEPARTMENT OF RELIGION DUKE UNIVERSITY JANUARY 6, 2010 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Project Supported by the National Institute of Justice This project was supported by grant no. -
Oral Argument Scheduled for September 17, 2007]
[ORAL ARGUMENT SCHEDULED FOR SEPTEMBER 17, 2007] NO. 06-1038 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Saifullah Paracha, Petitioner, v. Robert M. Gates, Secretary of Defense, Respondent. ORIGINAL ACTION UNDER DETAINEE TREATMENT ACT OF 2005 BRIEF FOR PETITIONER SUPPORTING INVALIDATION OF FINAL DECISION OF COMBATANT STATUS REVIEW TRIBUNAL GAILLARD T. HUNT DAVID H. REMES 1409 Gleason Street JASON M. KNOTT Silver Spring, MD 20902 BRENT T. STARKS ENRIQUE ARMIJO CLIVE STAFFORD SMITH COVINGTON & BURLING LLP ZACHARY KATZNELSON 1201 Pennsylvania Avenue, NW JUSTICE IN EXILE Washington, DC 20004-2401 636 Baronne Street 202-662-6000 New Orleans, LA 70113 504-558-9867 Attorneys for Petitioner July 17, 2007 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES A. Parties and Amici Petitioner is Saifullah Paracha. Respondent is Robert M. Gates, Secretary of Defense. No persons have appeared as amici curiae. B. Rulings Under Review Final decision of Combatant Status Review Tribunal (“CSRT”) Panel 24, dated December 8, 2004, that Petitioner is properly designated as an enemy com- batant. (App. 1.) Order of Director, CSRTs, dated December 21, 2004, concurring in the deci- sion of the CSRT and certifying that decision is final. (App. 68.) C. Related Cases This case has not previously been before this Court other than for disposition of procedural motions. The cases described below present the same issues as, or issues similar to, the issues in this case, and the government is a party to all of the cases. Petitioner is a party only in this case and the case described in paragraph 1.