No Habeas If They’ve Moved Your Body

By: emptywheel Monday April 5, 2010 8:30 pm

Fatster linked to this Carol Rosenberg story, describing how Judge Thomas Hogan dismissed the habeas petitions of over a hundred former Gitmo detainees because they were no longer held at Gitmo–though they may be held by US proxies elsewhere. A federal judge has dismissed more than 100 habeas corpus lawsuits filed by former Guantanamo captives, [...]

“Well, it’s their fault for bringing their kids into a battle.”

By: emptywheel Monday April 5, 2010 9:34 am

Warning: Very disturbing video. Wikileaks has now posted the video that–they have suggested–is one of the reasons the US government has been surveilling them. Here’s part of Wikileaks’ description: The video, shot from an Apache helicopter gun-site, clearly shows the unprovoked slaying of a wounded Reuters employee and his rescuers. Two young children involved in [...]

How CIA Avoided Negligent Homicide Charges in the Salt Pit Killing

By: emptywheel Sunday April 4, 2010 1:49 pm

Since the AP story on the Salt Pit death, reporters have focused a lot of attention to a particular footnote in Jay Bybee’s second response to the OPR Report and what it claims about intent (and, to a lesser degree, what it says about Jay Bybee’s fitness to remain on the 9th Circuit). In it, [...]

Why John Yoo’s Attempts to “Negate” the Torturers’ Intent Fails

By: emptywheel Saturday April 3, 2010 4:40 pm

In my last post, I showed how the Bybee Two memo, purporting to find each of ten torture techniques used with Abu Zubaydah legal, was a very specific response to John Yoo’s July 13 memo to John Rizzo. The July 13 memo had basically said, “if you consult with experts that tell you techniques won’t [...]

How John Yoo Negated the Mental Suffering of Death Threats in the Bybee Two Memo

By: emptywheel Saturday April 3, 2010 1:25 pm

It’s time to read the Bybee Two memo again. Since the OPR Report came out, we’ve learned the following (some of it was already out there, but I, at least, hadn’t noticed it): After his 63rd interrogation session, Abu Zubaydah experienced what his torturers call “hard dislocation” An “issue arose” during the interrogation of Abu [...]

Mummies And Bunnies Trash

By: bmaz Friday April 2, 2010 7:23 pm

It has been a while since we have taken in the Trash and the natives are restless. So, for yer Easter pleasure, we have a special Mummies and Bunnies edition of Trash.

CIA Lawyers Were Discussing “Issue that Arose” Three Days Before July 13 Fax

By: emptywheel Friday April 2, 2010 2:11 pm

My focus on the multiple versions of Abu Zubaydah’s psychological assessment led me to review the CIA OIG Vaughn Declaration from last August, and one document that was withheld caught my eye. The document strongly suggests that the July 13, 2002 John Yoo fax that appears to have been used as CIA’s general authorization for [...]

The Government Makes No Claim Abu Zubaydah Had Knowledge of Impending Terrorist Plans

By: emptywheel Friday April 2, 2010 9:23 am

There’s one more really incendiary passage from the government’s response to Abu Zubaydah’s request for more information in his habeas petition (see here, here, and here for more on this document). In response to a request for evidence indicating that Abu Zubaydah had no knowledge of pending terrorist attacks when he was captured in 2002, [...]

Abu Zubaydah Experienced “Hard” Dislocation After Session 63

By: emptywheel Thursday April 1, 2010 6:53 pm

Whoever wrote Abu Zubaydah’s psychological evaluation claimed to have succeeded in subjecting Abu Zubaydah to “hard” dislocation after his 63rd session of torture. And that claim was made before OLC approved the use of torture with him. I’ve long been aware that we got two versions of Abu Zubaydah’s psychological evaluation last August: the copy [...]

Government Admits Its Understanding of Abu Zubaydah Has “Evolved”

By: emptywheel Thursday April 1, 2010 5:05 pm

I wanted to return to the government’s filing on Abu Zubaydah backing off the key claims on which our torture system is based. A year ago, the government filed its factual return to justify the detention of Abu Zubaydah. In response, AZ’s lawyers asked for a bunch more information, such as evidence that AZ was [...]

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