Watching the Shadows

New York court declines to force probe of Gitmo prison psychologist

A New York judge on Aug. 11 dismissed a suit seeking to force an investigation of New York-licensed Guantánamo Bay psychologist Dr. John Leso for his development of "interrogation techniques." The Center for Justice and Accountability (CJA) and the New York Civil Liberties Union (NYCLU) sued the New York State Department of Education Office of Professional Discipline (OPD) last year to force a professional misconduct investigation. The OPD filed a motion to dismiss the case for lack of standing:

Convicted Abu Ghraib ringleader released early

The convicted ringleader of abuses committed at Abu Ghraib prison in Baghdad was released Aug. 6 after serving more than six-and-a-half years of his 10-year sentence. Army Spc. Charles Graner, who was being held at the US Disciplinary Barracks at Fort Leavenworth, was released early as a result of earning days off for good behavior. Graner was convicted in 2005 of conspiracy, assault, maltreating prisoners, dereliction of duty, and committing indecent acts and received the longest sentence of the six others involved in the abuses. In May 2010, the US Court of Appeals for the Armed Forces heard arguments in the appeal of his 10-year sentence and affirmed his conviction the following month. Graner will remain under military supervision until 2014.

Should World War 4 Report honor the PayPal boycott?

It appears that the hacker groups Anonymous and LulzSec have teamed up to issue a call to boycott PayPal, evidently if not quite logically in response to FBI raids in which 14 accused Anonymous members were arrested across the country. The only connection between the raids and the boycott seems to be that the 14 are charged in connection with a "distributed denial of service attack" against PayPal, which took down the company's website for four days in December. Here is the cyber-outlaws' joint communique, with jargon and propaganda words in bold:

United Nations investigator: US violating torture probe rules in Bradley Manning case

The US is violating UN laws governing torture investigations by insisting on monitoring conversations with an imprisoned army private, UN Special Rapporteur on Torture Juan Mendez said in a press release July 12. Pfc. Bradley Manning is accused of leaking a controversial classified video of a 2007 US helicopter strike in Iraq ("Collateral Murder") and classified State Department documents on WikiLeaks last year. Manning was detained in pre-trial solitary confinement at Quantico Confinement Facility, and subsequently transferred to the Joint Regional Correctional Facility at Fort Leavenworth, Kan.

Federal judge overturns release of Yemeni Gitmo detainee

A judge for the US Court of Appeals for the District of Columbia Circuit on June 10 overturned the release of Yemeni Guantánamo Bay detainee Hussein Salem Mohammed Almerfedi. After his capture in 2001 and detention at Guantánamo Bay, Almerfedi filed a petition for a writ of habeas corpus which was granted by a lower court. The government had argued that Almerfedi was a supporter of al-Qaeda because of his travels to Pakistan that indicated strong ties to the group. However, the court concluded that the government had not met its burden to show by a preponderance of the evidence that Almerfedi was part of al Qaeda. The appeals court, however, found that the government had met its burden of proof by a preponderance of evidence that Almerfedi was, in fact, part of al-Qaeda:

Patriot Act extended through 2015

US President Barack Obama signed a four-year extension of the Patriot Act late on May 26, minutes before it was set to expire. The bill passed the US Senate 72-23, and shortly after passed the US House of Representatives by a vote of 250-153. Although major congressional leaders of both parties had agreed to a clean extension of the act last week, delays were met when Sen. Rand Paul (R-KY) filibustered the bill over the lack of an amendment process and serious concerns about privacy. After three days of filibustering, Paul received votes on two amendments that ultimately failed, both related to the ability of security officials to survey gun purchases. Controversial provisions renewed include provisions allowing the government to use roving wiretaps on multiple carriers and electronic devices and allowing the government to gain access to certain records relevant to its investigations. The "lone wolf" provision enables investigators to get warrants to conduct surveillance over targets not connected to any particular terrorist group.

Federal appeals court denies habeas for Yemeni Gitmo detainee

The US Court of Appeals for the District of Columbia Circuit on May 27 affirmed a lower court's decision confirming that Yemeni Guantánamo Bay detainee Musa'ab Omar al-Madhwani is lawfully detained for being part of al-Qaeda. Madhwani challenged the denial of 2004 petition for writ of habeas corpus by the US District Court for the District of Columbia claiming that there was insufficient evidence to find that he was part of al-Qaeda and that the district court improperly relied on evidence outside the record, abused its discretion in denying additional discovery and committed various legal errors, including due process violations. The court supported the use of the "command structure" test employed by the district court as "sufficient to show that a person is part of al-Qaeda" in response to Madhwani's arguments against using an erroneous legal standard where only preponderance of evidence is needed to detain someone in connection with al Qaeda. Examining the evidence de novo, the appeals court found that:

Did Osama bin Laden hit violate international law?

The White House did make a somewhat equivocal statement implying (not explicitly stating) that an effort had been made to take Osama bin Laden alive. But Radio Netherlands on May 2 assumes the operation was "an extrajudicial killing" and asks if such actions are "allowed under international law." The report notes that the US State Department had offered a reward of up to $25 million for "information leading directly to the apprehension or conviction." The report adds rhetorically: "[B]ut is that a license to kill?"

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