Thursday, July 24, 2014


If you want to know how the US government decides who to track the rule book and a guide to to the rule book can be found here. The short version is that there are no real rules....

 "The Obama administration has quietly approved a substantial expansion of the terrorist watchlist system, authorizing a secret process that requires neither “concrete facts” nor “irrefutable evidence” to designate an American or foreigner as a terrorist, according to a key government document obtained by The Intercept."


For the last few years both the US and Poland have denied what was clearly true--that the US ran a torture compound in Poland. Now the European Court has agreed. You can read more about it here.

Monday, July 21, 2014

More on last weeks En Banc decision

Outside Congress, it seems that no one believes that the military commission system should continue to stand. For twelve years, the system has created nothing but embarrassment for its proponents as the highest-profile prosecutions have repeatedly tripped over their own feet. The first cases have also created waves of fundamental legal challenges. This week's decision simply postponed the most basic issues to be resolved by some future case. That leaves a very real prospect that the 9/11 prosecutions fall apart up on appeal years after trial court proceedings are over, as Bahlul's material support conviction did. The administration wants to try terrorism suspects in federal court for good reason. Congress should not stand in its way

Read the entire article here: Russia

Putin expands the list of people who cannot go to Russia because of their ties to Guantanamo and Abu Ghraib. The list is much too short but it is a start (there is a link to the list in the article) ....I could suggest quite a few names if anyone cares to ask me.
Now, if only more countries would do this!

Friday, July 18, 2014

Snowden and Guantanamo

Let me start out by publicly proclaiming that I will take on the represenation of Edward Snowden if he ever ends up at Guantanamo.....but in all seriousness (he will never be held at Guantanamo) I really hope that Mr. Snowden understands that he will never get a fair trial in these United States....the deck is stacked in favor of the government and Snowden would spend the rest of his life in prison. Ed you cannot come home again, do not trust anything anyone in this godforsaken country/government tells you. Please find a safe and secure home.....

Wednesday, July 16, 2014

Six to be sent to Uruguay?

This deal has been in the works for a long time.... seems Hagel finally got around to approving it. Read more here.

Tuesday, July 15, 2014


Although my blog is blacklisted and banned at the base I hope that the word filters through and my most heartfelt thanks goes to the nurse at Gitmo who refuses to forcefeed the detainees. It takes great courage for a member of the armed forced to refuse an also takes great courage to put your life on the line by going on a hunger strike--- somehow these courageous people came together and said "ENOUGH."
Read more about this nurse who is following his real duties as a nurse here....
and here.....
and here

Monday, July 14, 2014

Al- Bahlul D.C. en banc decision today

Today the much awaited decision by the D.C. full circuit court was handed down. Suffice it to say it raises more questions than it answers. Steve Vladeck has a summary here.

Sunday, July 6, 2014

He Made Life Hell for the Detainees....

At least he is gone now. Good riddens commander Bogdan. May the rest of your life be as miserable as you made the lives of the men at Guantanamo these past few years.

Tuesday, July 1, 2014

From Roger Fitch and our Friends Down Under At Justinian.....

End of term
Wednesday, July 2, 2014
Justinian in Guantanamo, Law of war, Military Commissions, Roger Fitch Esq, Same-sex marriage, US Supreme Court
Supreme Court lets God into the Affordable Care Act ... And strikes down certain compulsory union dues ... At last - a Guantánamo detainee charged with a genuine war crime ... Obama's Taliban prisoner swap ... Whatever you do, don't shoot at an American in a war ... From Our Man in Washington, Roger Fitch 
THE Supreme Court ended its term with a bomb.  
In Burrell v Hobby Lobby, a new class of God-fearing corporations has been allowed to evade – on religious grounds – the contraception coverage that the Affordable Care Act requires in employee health insurance. 
This new-found piety in closely-held corporations is based on the First Amendment's personal religious freedom, but the all-Catholic-male majority put its faith in the Religious Freedom Restoration Act
It's the same RFRA whose protections were denied to Muslims in Guantánamo by the DC Circuit in Rasul v Myers on the basis that Gitmo detainees were not persons in the meaning of the Act (see Fitch of January 22, 2008). 
Thus, some corporations now have personal religious freedoms, while other, flesh-and-blood persons don't. 


Sunday, June 8, 2014

Today's WTF moment....

So last week Tom Durkin- an attorney that also represents Gitmo men- had an argument in the 7th circuit regarding classified materials(not a Gitmo case). I reported on what happened at that argument here. The hearing was public—and without prior warning to Tom the Panel decided to go into secret session and they kicked Tom and everyone else out---except government attorneys. The Panel had a nice little private conversation with the government that none of us will ever know about.....Now it turns out that the public session was inadvertently not recorded and so the Panel has decided to reargue the public part again tomorrow --- really, you can’t make this stuff up.
Use this link ...

Musical Interlude...

Friday, June 6, 2014

From Gitmo attorney Frank Goldsmith---Fixed

Well I certainly screwed that up! So I am fixing this by just leaving the link...

Find Franks op-ed in Time magazine....

Thank you Frank!

Find the original here:....and below

Wednesday, June 4, 2014

Oh's like the plague

Its spreading fast.... now the 7th circuit has held a secret argument and the defense counsel- Tom Durkin- was not allowed to stay for that session. Even when the DC Circuit insisted on a secret argument in my client's case I was allowed to stay and was just the "audience" that was forced out....well not the entire audience---government attorneys with security clearances were allowed to stay for my clients argument!
I happen to know that Tom has a security clearance and the concept that the court is hearing an argument without the attorney for the defendant is beyond the pale....even in this so-called day and age.

read the story here.