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What Rule of Law?

Glenn Greenwald, lawyer, blogger (on Salon) and commentator undertakes a clear analysis of the latest WikiLeaks-released documents relating to Gitmo. It doesn't make for pretty reading on any score as Greenwald enumerates a number of glaring issues raised by and from the documents, not the least this one:

"Perhaps most important of all, these documents conclusively underscore the evils of the Obama administration’s indefinite detention regime. Just last month, President Obama signed an Executive Order directing that dozens of detainees held for years at Guantanamo continue to be imprisoned indefinitely without any charges: either in a real court or even before a military commission. Although indefinite detention was one of the primary hallmarks of Bush/Cheney radicalism, this order was justified by the White House and its followers on the ground that the President knows of secret evidence that shows that these detainees are Too Dangerous to Release, yet cannot be prosecuted because the evidence against them is tainted (see this post for why that line of reasoning is so logically and morally twisted).

The idea of trusting the government to imprison people for life based on secret, untested evidence never reviewed by a court should repel any decent or minimally rational person, but these newly released files demonstrate how warped is this indefinite detention policy specifically. The New Yorker's Amy Davidson highlights some of the most extreme inanities in how "evidence" was assembled, while McClatchy’s Carol Rosenberg describes just some of the reasons to find this “evidence” so unreliable: beyond the fact that so much of it was extracted using torture:

'The U.S. military set up a human intelligence laboratory at Guantanamo that used interrogation and detention practices that they largely made up as they went along. . . .

The documents, more than 750 individual assessments of former and current Guantanamo detainees, show an intelligence operation that was tremendously dependent on informants — both prison camp snitches repeating what they'd heard from fellow captives and self-described, at times self-aggrandizing, alleged al Qaida insiders turned government witnesses who Pentagon records show have since been released.

Intelligence analysts are at odds with each other over which informants to trust, at times drawing inferences from prisoners' exercise habits. They order DNA tests, tether Taliban suspects to polygraphs, string together tidbits in ways that seemed to defy common sense.'

In one sense this is not new, as federal courts which have reviewed these detentions during the Obama administration have overwhelmingly found them lacking any credible evidence. Still, these files provide important new specifics. The NYT describes the case of Omar Hamzayavich Abdulayev – placed in Guantanamo in 2002 when he was 23 (he’s now 32) and one of the detainees just ordered indefinitely detained by Obama. The newly released files reveal what the NYT calls “the haunting conclusion of his 2008 assessment: ‘Detainee’s identity remains uncertain’.” In other words, the person who has been in Guantanamo for 9 years – most of his adult life – and whom Obama just ordered detained indefinitely with no charges, very well may not even be the person we think he is."

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