No Comment — October 20, 2010, 1:59 pm

Another Chapter in the Justice Department’s State-Secrecy Charade

ProPublica’s Dafna Linzer has an important story on a court opinion issued in the case of Uthman Abdul Rahim Mohammed Uthman, a man imprisoned for seven years in Guantánamo. Judge Henry Kennedy concluded that the prisoner is mentally ill and that the government had no tenable basis to hold him. He issued an opinion, going through the normal channels for classification review. The Justice Department cleared a form of his opinion, and it was released. Within days, the Justice Department, stung by the scathing nature of the opinion, which methodically reviewed false factual claims that DOJ lawyers made, insisted that it be withdrawn and rewritten, apparently arguing to the judge that it disclosed classified information about the circumstances of the prisoner’s capture. As quickly became apparent, the object of the Justice Department’s revisions had little to do with state secrets—but a lot to do with covering up the Court’s dissection of what lawyers like to call a “failure of candor.” Uthman was probably mentally ill when he arrived, and his condition likely deteriorated at Guantánamo. The hypocrisy of the Justice Department’s position became even more glaring when it filed an appellate brief (PDF) containing its own highly doctored versions of the very facts it had insisted that Kennedy avoid discussing.

Watch Dafna discuss the case here with Amy Goodman:

[removed][removed]

The upshot, as Andrew Sullivan suggests, is that the Justice Department has moved from trying to keep national-security secrets to falsifying essential facts, in an attempt to mislead the public. If this were one isolated incident, it would be troubling. But it reflects a well-entrenched pattern at this point. The Administration insists that embarrassing facts be suppressed as state secrets, while classified secrets that are in its interest to reveal are spread across the pages of a best-selling political book, released just in time for the midterm elections. Is there any hypocrisy about this? Mike Isikoff asks all the right questions here, and Administration spokesmen are clueless in response.

Share
Single Page

More from Scott Horton:

No Comment April 12, 2013, 11:11 am

A Final Act for the Guantánamo Theater of the Absurd?

A new report from Seton Hall University exposes government surveillance of attorney-client conversations

No Comment, Six Questions March 18, 2013, 9:00 am

Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East

Rashid Khalidi on how the United States sustains the failure of the Israel-Palestine peace process

No Comment, Six Questions February 4, 2013, 9:00 am

Mea Maxima Culpa: Silence in the House of God

Alex Gibney on his documentary investigating the Roman Catholic Church’s handling of child sex-abuse cases

Get access to 163 years of
Harper’s for only $19.97

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2013

Glaciers for Sale

= Subscribers only.
Sign in here.
Subscribe here.

Blood Spore

= Subscribers only.
Sign in here.
Subscribe here.

Other Types of Poison

= Subscribers only.
Sign in here.
Subscribe here.

May I Touch Your Hair?

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Editor's Note]
A global-warming get-rich-quick scheme, a magic-mushroom murder,
and more
[Report]
Glaciers for Sale

= Subscribers only.
Sign in here.
Subscribe here.

“Water is the medium of climate change — the ice that melts, the seas that rise. It is also an early indicator of how humanity may respond to climate change: by financializing it.”
Photograph (detail) by Aaron Huey
[Harper's Finest]
The Coming Ice Age

= Subscribers only.
Sign in here.
Subscribe here.

“How a rising of the ocean waters may flood most of our port cities within the foreseeable future . . .”
“The Glacier of Sermitsialik” (1872)
[Harper's Finest]
What the Young Man Should Know

= Subscribers only.
Sign in here.
Subscribe here.

From the March 1933 issue
“I submit that he who cannot do these things is not completely educated.”
Illustration by Elizabeth Shippen Green (1902)
[Folio]
Blood Spore

= Subscribers only.
Sign in here.
Subscribe here.

“The strange timing of Pollock’s murder begot paranoia of all shades and textures . . .”
Photograph by Paul Stamets

Ratio of the number of cicada eggs per square mile of southern New Jersey to the number of stars in the Milky Way:

4:5

A Singaporean company unveiled Kissenger, a pair of plastic lips mounted on a large plastic egg, which transmits real-time interactive kisses to a distant lover. “I am not interested in the sexual uses for it,” said the device’s inventor. “We’ve taken several steps to minimize the creepiness.”

The practice of sexualized eyeball licking was causing conjunctivitis in Japanese sixth graders.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

The Coming Ice Age

By

A true scientific detective story
Subscribe Today