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At the Norfolk court martial of Lt Cmdr Matthew Diaz, the officer who coordinated the Navy’s response to demands for disclosure of information about detainees at Guantánamo has given testimony which demolishes the prosecution’s contentions about the nature of the information disclosed and the reasons for not disclosing it.
As I noted in my earlier posts, the information concerning the detainees is required by law to be disclosed and was ordered turned over by a Federal Court. Accordingly, the Navy’s suggestion that it had national security value is nothing short of farcical, and the reason why the Government’s own expert refused to support the prosecution at the indictment stage is now fairly clear.
Carol Rosenberg reports on the testimony of Pentagon attorney Carol Hecker in the Miami Herald on the first day of evidence:
In late 2004, Hecker said, the Pentagon decided to reject a request from the New York rights center seeking names and nationalities, next of kin and countries of residence of the detainees. The U.S. Supreme Court had earlier ruled that Guantánamo captives could challenge their detention, and the rights center wanted to line up family members to authorize the filing of lawsuits on their behalf.
”It was never in question. We were debating what exactly we should say about why we were saying no,” she said, citing an e-mail discussion and various drafts of rejection letters that moved between the base, Navy General Counsel Alberto Mora’s office and the U.S. Department of Justice. In the end, she said, they cited policy and the requests of unnamed third countries to shield the captives’ identities–and told the group that individual Guantánamo detainees could write a federal court or the American Bar Association, from behind the razor wire at the U.S. naval base, to get a lawyer.
What’s really fascinating about this case is the twisted course of increasingly absurd hyperventilation coming out of the prosecution. The decision not to supply the information starts with a reasonable, but incorrect, policy assessment aimed at “shielding the prisoners.” This is then furiously whipped into a cappuccino froth by unknown figures up the chain of command, who suddenly claim national security concerns, proceed to assert national security classifications with respect to the documentation, and then even argue that the turn over is designed to benefit some foreign enemy.
The obvious ultimate question is why anyone should believe prosecutors who behave in such a cavalier and irresponsible fashion? Considering the way military justice functions, this case could still result in a conviction. But what’s already clear is that if it does, justice will have played no role in it.
What’s the function of this court-martial? You might well ask that question. I think the person in the best position to answer it is Captain James Yee, the Gitmo chaplain who previously was run through an almost identical meatgrinder. In the end, Yee emerged as a hero, and the military justice system was severely tarnished. That same process is now underway in Norfolk.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Minimum number of cats fitted with high-tech listening equipment in a 1967 CIA project:
Zoologists suggested that apes and humans share an ancestor who laughed.
A former prison in Philadelphia that has served as a horror-movie set was being prepared as a detention center for protesters arrested at the upcoming Democratic National Convention, and presumptive Republican presidential nominee Donald Trump fired his campaign manager.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”