SIGN IN to access Harper’s Magazine
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
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.
On a Friday evening in January, a thousand people at the annual California Native Plant Society conference in San Jose settled down to a banquet and a keynote speech delivered by an environmental historian named Jared Farmer. His chosen topic was the eucalyptus tree and its role in California’s ecology and history. The address did not go well. Eucalyptus is not a native plant but a Victorian import from Australia. In the eyes of those gathered at the San Jose DoubleTree, it qualified as “invasive,” “exotic,” “alien” — all dirty words to this crowd, who were therefore convinced that the tree was dangerously combustible, unfriendly to birds, and excessively greedy in competing for water with honest native species.
In his speech, Farmer dutifully highlighted these ugly attributes, but also quoted a few more positive remarks made by others over the years. This was a reckless move. A reference to the tree as “indigenously Californian” elicited an abusive roar, as did an observation that without the aromatic import, the state would be like a “home without its mother.” Thereafter, the mild-mannered speaker was continually interrupted by boos, groans, and exasperated gasps. Only when he mentioned the longhorn beetle, a species imported (illegally) from Australia during the 1990s with the specific aim of killing the eucalyptus, did he earn a resounding cheer.
Percentage of Britons who cannot name the city that provides the setting for the musical Chicago:
An Australian entrepreneur was selling oysters raised in tanks laced with Viagra.
A tourism company in Australia announced a service that will allow users to take the “world’s biggest selfies,” and a Texas man accidentally killed himself while trying to pose for a selfie with a handgun.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”