Skip to main content

Kafka alive and well at the CIA

Gitmo is back in the news and, again, for all the wrong reasons.   Leave aside that the "T" word - torture! - is seemingly verboten in trials being conducted in relation to Gitmo detainees, Kafka-like tactics and positions pervade the entire so-called trial process.

"CIA agents have written books about it. Former President George W. Bush has explained why he thought it was necessary and legal. Yet the al Qaeda suspects who were subjected to so-called harsh interrogation techniques, and the lawyers charged with defending them at the Guantanamo Bay military tribunals, are not allowed to talk about the treatment they consider torture.

Defense attorneys say that and other Kafkaesque legal restrictions on what they can discuss with their clients and raise in the courtroom undermine their ability to mount a proper defense on charges that could lead to the death penalty.

Those restrictions will be the focus of a pretrial hearing that convenes this week.

Prosecutors say every utterance of the alleged al Qaeda murderers, and what their lawyers in turn pass on to the court, must be strictly monitored precisely because of the defendants' intimate personal knowledge of highly classified CIA interrogation methods they endured in the agency's clandestine overseas prisons.

Defense attorneys called that view extreme.

"Everything is presumptively top secret. So if my client had a tuna fish sandwich for lunch, I couldn't tell you that," Cheryl Bormann, who represents defendant Walid bin Attash, said after the May arraignment of the men charged with plotting the 9/11 attacks on the World Trade Center.

At one point in the arraignment, another of bin Attash's attorneys, Air Force Captain Michael Schwartz, was explaining why his client refused to cooperate. Just when things got interesting, a security officer cut the audio feed to the media and others observing the proceedings from behind a soundproof glass wall with a 40-second audio delay.

"The reason for that is the torture that my client was subjected to by the men and women wearing the big-boy pants down at the CIA, it makes it impossible ...," Schwartz said during the blocked portion of the arraignment, according to a partial transcript later declassified.

Prosecutors have said in court filings that any revelations about the defendants' interrogations could cause "exceptionally grave damage."

Civil libertarians argue that if those interrogation methods really are top secret, then the CIA had no business revealing them to al Qaeda suspects.

Defense attorneys will challenge the secrecy rules at the pretrial hearing that begins on Wednesday at the Guantanamo Bay U.S. Naval Base.

Prosecutors have about 75,000 pages of evidence to turn over to defense attorneys in the 9/11 case, but they won't do it until the judge, Army Colonel James Pohl, issues protective orders aimed at safeguarding the material."

Comments

Popular posts from this blog

Reading the Chilcot Inquiry Report more closely

Most commentary on the Chilcot Inquiry Report of and associated with the Iraq War, has been "lifted" from the Executive Summary.   The Intercept has actually gone and dug into the Report, with these revelations : "THE CHILCOT REPORT, the U.K.’s official inquiry into its participation in the Iraq War, has finally been released after seven years of investigation. Its executive summary certainly makes former Prime Minister Tony Blair, who led the British push for war, look terrible. According to the report, Blair made statements about Iraq’s nonexistent chemical, biological, and nuclear programs based on “what Mr. Blair believed” rather than the intelligence he had been given. The U.K. went to war despite the fact that “diplomatic options had not been exhausted.” Blair was warned by British intelligence that terrorism would “increase in the event of war, reflecting intensified anti-US/anti-Western sentiment in the Muslim world, including among Muslim communities in the

Robert Fisk's predictions for the Middle East in 2013

There is no gain-saying that Robert Fisk, fiercely independent and feisty to boot, is the veteran journalist and author covering the Middle East. Who doesn't he know or hasn't he met over the years in reporting from Beirut - where he lives?  In his latest op-ed piece for The Independent he lays out his predictions for the Middle East for 2013. Read the piece in full, here - well worthwhile - but an extract... "Never make predictions in the Middle East. My crystal ball broke long ago. But predicting the region has an honourable pedigree. “An Arab movement, newly-risen, is looming in the distance,” a French traveller to the Gulf and Baghdad wrote in 1883, “and a race hitherto downtrodden will presently claim its due place in the destinies of Islam.” A year earlier, a British diplomat in Jeddah confided that “it is within my knowledge... that the idea of freedom does at present agitate some minds even in Mecca...” So let’s say this for 2013: the “Arab Awakening” (the t

An unpalatable truth!

Quinoa has for the last years been the "new" food on the block for foodies. Known for its health properties, foodies the world over have taken to it. Many restaurants have added it to their menu. But, as this piece " Can vegans stomach the unpalatable truth about quinoa? " from The Guardian so clearly details, the cost to Bolivians and Peruvians - from where quinoa hails - has been substantial. "Not long ago, quinoa was just an obscure Peruvian grain you could only buy in wholefood shops. We struggled to pronounce it (it's keen-wa, not qui-no-a), yet it was feted by food lovers as a novel addition to the familiar ranks of couscous and rice. Dieticians clucked over quinoa approvingly because it ticked the low-fat box and fitted in with government healthy eating advice to "base your meals on starchy foods". Adventurous eaters liked its slightly bitter taste and the little white curls that formed around the grains. Vegans embraced quinoa as