Hmmm. The last time we made note of retired CIA agent John Kiriakou six years ago, he had just confirmed the use of waterboarding during the interrogation of al-Qaeda suspect Abu Zubaydah—and by all appearances seemed to be justifying it. Kiriakou said that the tactic's efficacy in helping to disrupt "a number of attacks, maybe dozens" outweighed its harshness. Now he's just been sentenced to 30 months in prison for blowing the cover on a fellow CIA agent. Having copped a plea in the case, he nonetheless portrays himself as a "whistleblower" on CIA torture. The judge didn't buy it. "This is not a case of a whistleblower," US District Judge Leonie Brinkema told Kiriakou at his sentencing hearing. "This is a case of a man who betrayed a solemn trust." (Government Security News, Jan. 28) 

The Milan Court of Appeals on Feb. 1 convicted three US nationals for their roles in the 2003 "rendition" kidnapping of Egyptian cleric and terror suspect Osama Moustafa Hassan Nasr AKA Abu Omar. Due to diplomatic immunity, all three men had been acquitted in the previous trial where the Milan court convicted 23 former CIA agents. Vacating the acquittals, the court now sentenced former CIA station chief Jeff Castelli to seven years, and the two other Americans, Betnie Madero and Ralph Russomando, to six years. The appeals process has been separated for Castelli and the other two men for technical reasons, and the appellate court's reasoning is expected to be released this month.

Lawyers for Guantánamo Bay detainee Abu Zubaydah on Jan. 28 asked the European Court of Human Rights (ECHR) to rule on whether Poland violated their client's rights by aiding the US in detaining and allegedly torturing Zubaydah in a secret CIA prison. Zubaydah, a top al-Qaeda suspect, alleges that he was transferred to Poland and subjected to "enhanced interrogation techniques." An investigation into the prison has been ongoing in Poland since 2008, but Zubaydah's lawyers argued that it has made no noticeable effort to bring any perpetrators to justice. The letter is notice that an application for a hearing will be filed.

Defense lawyers for the five accused 9-11 conspirators petitioned a US military judge at Guantánamo Bay on Jan. 28 to preserve the prisons where the defendants were held as evidence. The defendants claim that they were tortured during their time held in secret CIA prisons. This is one of the many issues that are set to be litigated when pretrial hearings begin Monday at the war crimes tribunal taking place at the Guantanamo Bay US Naval Base in Cuba. Khalid Shaikh Mohammed, accused of planning the 9-11 attacks, is among those set to stand trial. Lawyers for the defendants have requested documents from the White House and Justice Department that authorized the CIA to move suspected al-Qaeda members across borders after 9-11 and keep them in secret prisons for interrogations. Defense lawyers will argue that the defendants were subjected to illegal pre-trial punishment. The prosecution maintains that it will not use any information in trial that was obtained through torture or other techniques that violate US or international law.

The US Court of Appeals for the District of Columbia Circuit on Jan. 25 vacated the conspiracy conviction of Ali Hamza Ahmad Suliman al-Bahlul (HRW profile), former media secretary of Osama bin Laden. The DC Circuit ruled that the military tribunal that convicted al-Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. Al-Bahlul was captured in 2001. The US has 90 days to appeal the DC Circuit's decision to the US Supreme Court.

World War 4 Report has been keeping a dispassionate record of Barack Obama's moves in dismantling, continuing and escalating (he has done all three) the oppressive apparatus of the Global War on Terrorism (GWOT) established by the Bush White House. On the day of his second inauguration, we offer the following annotated assessment of which moves over the past year have been on balance positive, neutral and negative, and arrive at an overall score:

A judge for the US District Court for the District of Columbia ruled Jan. 9 that lawyers for a detainee at Guantánamo Bay may not review top secret documentation. Wali Mohammed Morafa, who has been detained for financially aiding the operations of terrorist organizations, including al-Qaeda, requested for some top secret documentations concerning source-related information which the government refused to disclose. Instead the government offered an alternate secret version without substitutes for some source information. Morafa's lawyers have clearance for only secret but not top secret information.

Talk of former Republican Nebraska senator Chuck Hagel's imminent nomination as Obama's new Secreaty of Defense has sparked all the predictable reactions—but they don't neatly break down along lines of right and left. MondoWeiss says the pick is "setting up a battle between the left and right flanks of the Israel lobby and between realist supporters of Hagel and his neoconservative detractors." We have, of course, pointed out that "realist" or "pragmatist" is  a euphemism for what is more properly termed "paleocon." While the neocons harbor hubristic dreams of re-making the Middle East (and the rest of the world) along lines favorable to the US and Israel, the paleocons favor stability under authoritarian regimes. Neither position is even remotely progressive, and it is frustrating to see ostensible leftists get caught up in a Beltway intrigue between rival currents within the political right.