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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:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
For the past three years my dosimeter had sat silently on a narrow shelf just inside the door of a house in Tokyo, upticking its final digit every twenty-four hours by one or two, the increase never failing — for radiation is the ruthless companion of time. Wherever we are, radiation finds and damages us, at best imperceptibly. During those three years, my American neighbors had lost sight of the accident at Fukushima. In March 2011, a tsunami had killed hundreds, or thousands; yes, they remembered that. Several also recollected the earthquake that caused it, but as for the hydrogen explosion and containment breach at Nuclear Plant No. 1, that must have been fixed by now — for its effluents no longer shone forth from our national news. Meanwhile, my dosimeter increased its figure, one or two digits per day, more or less as it would have in San Francisco — well, a trifle more, actually. And in Tokyo, as in San Francisco, people went about their business, except on Friday nights, when the stretch between the Kasumigaseki and Kokkai-Gijido-mae subway stations — half a dozen blocks of sidewalk, which commenced at an antinuclear tent that had already been on this spot for more than 900 days and ended at the prime minister’s lair — became a dim and feeble carnival of pamphleteers and Fukushima refugees peddling handicrafts.
One Friday evening, the refugees’ half of the sidewalk was demarcated by police barriers, and a line of officers slouched at ease in the street, some with yellow bullhorns hanging from their necks. At the very end of the street, where the National Diet glowed white and strange behind other buildings, a policeman set up a microphone, then deployed a small video camera in the direction of the muscular young people in drums against fascists jackets who now, at six-thirty sharp, began chanting: “We don’t need nuclear energy! Stop nuclear power plants! Stop them, stop them, stop them! No restart! No restart!” The police assumed a stiffer stance; the drumming and chanting were almost uncomfortably loud. Commuters hurried past along the open space between the police and the protesters, staring straight ahead, covering their ears. Finally, a fellow in a shabby sweater appeared, and murmured along with the chants as he rounded the corner. He was the only one who seemed to sympathize; few others reacted at all.
Number of U.S. congressional districts in which trade with China has produced more jobs than it has cost:
Young bilingual children who learned one language first are likelier than monolingual children and bilingual children who learned languages simultaneously to say that a dog adopted by owls will hoot.
An Oklahoma legislative committee voted to defund Advanced Placement U.S. History courses, accusing the curriculum of portraying the United States as “a nation of oppressors and exploiters.”
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