The Guantanamo Military Commissions will reconvene on Wednesday, January 11 - four years to the day since the arrival of the first detainees at Camp X-Ray. Since then, more than 700 men and boys have been held here, and 505 remain in detention, in nearly complete isolation from the world. (Not so, assures my Visitor Handbook: "To date, the detainees have sent over 21,600 pieces of mail and have received over 15,300 pieces of mail.") Of those 505, only nine have ever been charged with crimes of any kind. The 老澳门开奖结果 and other human rights observers have come here to observe proceedings in two of those cases.
We arrived yesterday on a military C-130 transport jet, a mode of transportation aptly described as "austere" by our military contact. (Picture a Mack truck with wings, four deafening propellers, bench seating, temperamental heating, and a toilet behind a curtain in the back.) A military lawyer for one of the detainees joked that when he last flew in a C-130, he was being shot at in Iraq. But, he said, "These planes are the best. These planes can't crash. Even when they crash, they don't crash." He slept soundly for the next five hours; I didn't.
Why are we here nearly three days before the start of the proceedings? Not, presumably, because the military so enjoys denying our repeated requests (to see where and how detainees are housed; to inspect the hospital where dozens of hunger-strikers have been force-fed; to meet privately with the prosecution and with Commission members). Rather, it's because the proceedings were originally scheduled to reconvene tomorrow - on one of the holiest days of the Muslim calendar, the celebration of Eid al-Adha. The Commission schedule was belatedly adjusted, but the travel schedule was not, so the military now has two dozen international reporters to entertain, and four ornery human rights observers to stonewall, for an extra day. (The press got a tour today. We didn't.)
Each of the two cases in which proceedings will be held on Wednesday highlights troubling aspects of these Commissions. Omar Ahmed Khadr, a Canadian citizen, was a 15-year-old child when he was captured on an Afghan battlefield and brought to Guantanamo, where he has been held for 40 months in solitary confinement and, according to his attorneys, subjected to highly abusive interrogation. He has been charged with "murder by an unprivileged belligerent" for his role in a firefight in which a United States soldier was killed.
Ali Hamza Ahmad Sulayman al Bahlul, a Yemeni native, has been charged with "conspiracy" and is accused, essentially, of being an al Qaeda propagandist. Al Bahlul caused something of a stir in August of 2004 when, during a prior hearing in his case, he announced his desire to represent himself - or, in the alternative, to be assisted by a Yemeni lawyer in place of his appointed military defense counsel. (For a firsthand account of that day's proceedings, see this post by our Executive Director Anthony Romero.) The Commission, which adjourned to allow resolution of al Bahlul's self-representation request, has since ruled that he can neither represent himself nor be represented by Yemeni counsel. Whether al-Bahlul's appointed military counsel will agree to participate in proceedings -- against the wishes of his "client" -- is a question that will provide some of this week's drama.
As a lawyer, I can't help being concerned about a detainee without legal training confronting this bewildering and entirely unprecedented legal system, especially when I see the skill and dedication of the military defense counsel who have challenged the legitimacy of these proceedings both here and in federal court in the United States. And yet, it's easy to understand why a detainee who has been held here virtually incommunicado for well over three years, subjected to harsh interrogation, and accused of a crime that has no basis in U.S. or international law, might mistrust a defense lawyer wearing the uniform of his captors. It's possible to view al Bahlul's request as a demand not only for self-representation, but for self-expression. For a brief moment, Bahlul will emerge from isolated confinement into the world spotlight. If he chooses to speak to the world in his own voice and not that of appointed military counsel - whatever the consequences - it's hard to fault him.
I'll write more about these two cases, and about some of the 老澳门开奖结果's broader concerns about the Commission system, tomorrow. Meanwhile, the "Clipper Club" serves Buds for $2, Red Stripes for $3, and shots of Jack Daniels in a plastic cup for $2.50. After a day of being told "no" in eight different ways -- from the terse, to the avuncular, to the analogous (Colonel: "You want to see that? I want to have dinner with J. Lo. It's not gonna happen." BW: "Don't sell yourself short.") -- I've got a thirst. And I've got a wallet full of singles.
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Press ReleaseDec 2024
Free Speech
National Security
老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON 鈥� Today, the 老澳门开奖结果, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok鈥檚 challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will 鈥渟hutter one of America鈥檚 most popular speech platforms the day before a presidential inauguration.鈥� 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship,鈥漵aid Patrick Toomey, deputy director of 老澳门开奖结果鈥檚 National Security Project. 鈥淭he Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.鈥� The brief argues that the D.C. Circuit failed to fully address the law鈥檚 profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court鈥檚 decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users鈥� First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government鈥檚 ban on TikTok as a vindication of users鈥� First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign 鈥減ropaganda.鈥� But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its 鈥渕otivating ideology鈥� or 鈥減erspective,鈥� and the government has not come close to meeting that bar here. 鈥淭he government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,鈥� said David Greene, civil liberties director at EFF. 鈥淭he Supreme Court should put the TikTok ban on hold while it considers the DC Circuit鈥檚 erroneous ruling.鈥� Finally, the brief underscores that the government can鈥檛 impose this type of sweeping ban unless it鈥檚 necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government鈥檚 invocation of 鈥渘ational security鈥� as a trump card and failed to hold the government to its burden. 鈥淩estricting citizens鈥� access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,鈥� said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. 鈥淚t would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.鈥� You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
Press ReleaseDec 2024
National Security
Religious Liberty
老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia
WASHINGTON 鈥� The Biden administration today released the first-ever national strategy to counter Islamophobia and related forms of bias and discrimination, including hate against Arab, Sikh, and South Asian Americans. In advance of the strategy, 老澳门开奖结果 and its partners had urged the administration to overhaul government programs that reflect anti-Muslim discrimination. In particular, we have called for urgent action to constrain governmental agencies from continuing to exercise their authorities and technology to wrongly surveil and investigate, watchlist, and question and detain Muslims at the border, as well as deny immigration benefits to people from Muslim-majority countries. While the White House raised expectations that many of these issues would be addressed, the final strategy ended up falling far short. The following is a statement from Hina Shamsi, director of the 老澳门开奖结果鈥檚 National Security Project: 鈥淲hile this strategy acknowledges discrimination and its harms, it does little to end them and is a squandered opportunity. For decades, American officials have invoked national security to pass laws and implement programs that disproportionately harm Muslims and people perceived to be Muslim. A serious anti-discrimination strategy would concretely address multiple bias-infused government practices that deny our communities equal participation in civic life and our democracy, like federal watchlisting, surveillance, and investigation. We鈥檙e profoundly frustrated that the administration didn鈥檛 take even the basic, overdue step of recognizing that anti-Muslim discrimination is uniquely normalized and embedded in government policies.鈥� -
VirginiaDec 2024
National Security
Trabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted ManTrabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted Man
Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government鈥檚 case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured. Mr. Trabelsi鈥檚 detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is Unlawful
ALEXANDRIA, Va. 鈥� This week, the U.S. District Court for the Eastern District of Virginia ruled that the court does not have jurisdiction to decide whether the government can continue to detain Nizar Trabelsi, a Tunisian national who was brought to the United States against his will for prosecution and was cleared of all charges last year. The ruling means the United States will be able to continue to detain Mr. Trabelsi while it attempts to deport him to Tunisia, where he was born and where, as an immigration judge ruled earlier this year, he will likely face torture. The court also concluded that even if it did have jurisdiction over Mr. Trabelsi鈥檚 case, his claims challenging the government鈥檚 detention of him would fail. 鈥淩eviewing claims that the government is holding someone unlawfully is at the core of the judicial function, and we鈥檙e heartbroken for our client that the court got this so wrong,鈥� said Brett Max Kaufman, senior staff attorney with the 老澳门开奖结果鈥檚 Center for Democracy. 鈥淭he government鈥檚 arguments in defense of Mr. Trabelsi鈥檚 detention makes a hash of the Constitution, immigration laws, and its own extradition treaty.鈥� In 2013, the United States forcibly extradited Mr. Trabelsi from Belgium to face criminal charges in the United States. In July 2023, after almost 10 years of highly restrictive pretrial detention, a federal jury cleared Mr. Trabelsi of all charges. But instead of releasing Mr. Trabelsi or returning him to Belgium, the U.S. transferred him to immigration detention, wrongly treating him as an applicant for admission and placing him in the deportation process. Over the years, the Belgian government has issued multiple formal diplomatic requests asking the U.S. to facilitate his return, but the U.S. has refused to send him back. Mr. Trabelsi filed a lawsuit challenging the government's authority to detain him. He also sought immediate improvements to his detention conditions. Those claims were not part of the court鈥檚 ruling today, and will continue to be litigated on a separate track. 鈥淢r. Trabelsi only wants to return to Belgium after being illegally extradited to the United States, held for ten years, and then acquitted by a jury of any crimes,鈥� said Nicole Hallett, clinical professor of law and director of the Immigrants鈥� Rights Clinic at the University of Chicago Law School. 鈥淗e cannot be held indefinitely and we will continue to fight to make sure that justice ultimately prevails.鈥� Mr. Trabelsi is represented by the 老澳门开奖结果, the University of Chicago Law School鈥檚 Immigrants鈥� Rights Clinic, the 老澳门开奖结果 of Virginia, and Professor Jonathan Hafetz of Seton Hall Law School. The complaint in Trabelsi v. Crawford was filed against Jeffrey Crawford, warden of the Farmville Detention Center where Mr. Trabelsi is being held; Liana Castano, ICE field office director for the Washington Field Office; Alejandro Mayorkas, secretary of the Department of Homeland Security; and Merrick Garland, U.S. attorney general.