I think I may be done
Labels: blogging, Civil liberties, due process, extrajudicial executions, Failed Foreign Policy, National Security State, surveillance society, U.S. Constitution
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Labels: blogging, Civil liberties, due process, extrajudicial executions, Failed Foreign Policy, National Security State, surveillance society, U.S. Constitution
Submit To PropellerLast week, the Obama administration imposed new arbitrary rules for Guantanamo detainees who have lost their first habeas corpus challenge. Those new rules eliminate the right of lawyers to visit their clients at the detention facility; the old rules establishing that right were in place since 2004, and were bolstered by the Supreme Court’s 2008 Boumediene ruling that detainees were entitled to a “meaningful” opportunity to contest the legality of their detention. The DOJ recently informed a lawyer for a Yemeni detainee, Yasein Khasem Mohammad Esmail, that he would be barred from visiting his client unless he agreed to a new regime of restrictive rules, including acknowledging that such visits are within the sole discretion of the camp’s military commander.
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The New York Times Editorial Page today denounced these new rules as “spiteful,” cited it as “the Obama administration’s latest overuse of executive authority,” and said “the administration looks as if it is imperiously punishing detainees for their temerity in bringing legal challenges to their detention and losing.” Detainee lawyers are refusing to submit to these new rules and are asking a federal court to rule that they violate the detainees’ right to legal counsel.
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When the President finally unveiled his plan for “closing Guantanamo,” it became clear that it wasn’t a plan to “close” the camp as much as it was a plan simply to re-locate it — import it — onto American soil, at a newly purchased federal prison in Thompson, Illinois. William Lynn, Obama’s Deputy Defense Secretary, sent a letter to inquiring Senators that expressly stated that the Obama administration intended to continue indefinitely to imprison some of the detainees with no charges of any kind. The plan was classic Obama: a pretty, feel-good, empty symbolic gesture (get rid of the symbolic face of Bush War on Terror excesses) while preserving the core abuses (the powers of indefinite detention ), even strengthening and expanding those abuses by bringing them into the U.S.
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In fact, Obama’s “close GITMO” plan — if it had been adopted by Congress — would have done something worse than merely continue the camp’s defining injustice of indefinite detention. It would likely have expanded those powers by importing them into the U.S.
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Now, here we are, almost four years after the vow to close Guantanamo was enshrined in an Executive Order, and the rights of detainees — including the basic right to legal counsel — are being constricted further, in plainly vindictive ways. Conditions at Guantanamo are undoubtedly better than they were in 2003, and some of the deficiencies in military commissions (for the few who appear before them) have been redressed. But the real stain of Guantanamo — keeping people locked up in cages for years with no charges — endures. And contrary to the blatant myth propagated by Obama defenders, that has happened not because Obama tried but failed to eliminate it, but precisely because he embraced it as his own policy from the start.
Labels: 2012 election, Barack Obama, Department of Justice, detainee rights, due process, Executive Orders, Guantánamo, Habeas Corpus, indefinite detention, military tribunals
Submit To PropellerThe ACLU and the Center for Constitutional Rights this morning filed a lawsuit in federal court against several Obama officials, including Defense Secretary Leon Panetta and CIA Director David Petraeus. The suit is brought on behalf of the survivors of three American citizens killed in Yemen by the U.S. Government — killed specifically by the CIA and the Pentagon’s Joint Special Operations Command — with no due process and far from any battlefield: Anwar Awlaki and Samir Khan (killed together in a drone strike) and Awlaki’s teenaged son Abdulrahman (killed two weeks later).
The suit alleges that the killing of these Americans violates their Constitutional rights (including their Fifth Amendment right to due process) because “the United States was not engaged in an armed conflict with or within Yemen” and “these killings rely on vague legal standards, a closed executive process, and evidence never presented to the courts.”
Labels: 5th Amendment, ACLU, Anwar al-Awlaki, Barack Obama, CCR, CIA, David Petraeus, due process, executive power, extrajudicial executions, Glenn Greenwald, JSOC, Leon Panetta, predator drones, U.S. Constitution, Yemen
Submit To PropellerHere we have the Obama administration asserting what I genuinely believe, without hyperbole, is the most extremist government interpretation of the Bill of Rights I’ve heard in my lifetime — that the Fifth Amendment’s guarantee that the State cannot deprive you of your life without “due process of law” is fulfilled by completely secret, oversight-free “internal deliberations by the executive branch” — and it’s now barely something anyone (including me) even notices when The New York Times reports it (as the ACLU’s Jameel Jaffer asked yesterday: “These Dems who think executive process is due process: Where were they when Bush needed help with warrantless wiretapping?” — or his indefinite detention scheme?)
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Every year that these assaults on core liberties are entrenched and expanded further — the Firth Amendment guarantee of due process “can be satisfied by internal deliberations in the executive branch” – the more normalized they become, the more invulnerable to challenge they are, the more unlikely it is that they will ever be reversed. In 2006, Al Gore gave a speech on the Bush/Cheney assault on the Constitution and asked: “If the president has the inherent authority to eavesdrop on American citizens without a warrant, imprison American citizens on his own declaration, kidnap and torture, then what can’t he do?” What prompted Gore’s denunciation was mere eavesdropping and detention without judicial review. That’s no longer controversial. Now we have this question: if the U.S. President can openly declare the power to order even the nation’s own citizens executed by the CIA in total secrecy, without charges or a whiff of transparency or oversight, what can’t he do?
Reading this crap makes me want to leave the planet as soon as possible.
Labels: 5th Amendment, assassination, Bill of Rights, CIA, due process, executive branch, extrajudicial executions, Glenn Greenwald, indefinite detention, judicial process, Obama administration, rule of law
Submit To PropellerI spent four hours in a third-floor conference room at 86 Chambers St. in Manhattan on Friday as I underwent a government deposition. Benjamin H. Torrance, an assistant U.S. attorney, carried out the questioning as part of the government's effort to decide whether it will challenge my standing as a plaintiff in the lawsuit I have brought with others against President Barack Obama and Secretary of Defense Leon Panetta over the National Defense Authorization Act (NDAA), also known as the Homeland Battlefield Bill.
The NDAA implodes our most cherished constitutional protections. It permits the military to function on U.S. soil as a civilian law enforcement agency. It authorizes the executive branch to order the military to selectively suspend due process and habeas corpus for citizens. The law can be used to detain people deemed threats to national security, including dissidents whose rights were once protected under the First Amendment, and hold them until what is termed "the end of the hostilities." Even the name itself—the Homeland Battlefield Bill—suggests the totalitarian concept that endless war has to be waged within "the homeland" against internal enemies as well as foreign enemies.
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It is in conference rooms like this one, where attorneys speak in the arcane and formal language of legal statutes, that we lose or save our civil liberties. The 2001 Authorization to Use Military Force Act, the employment of the Espionage Act by the Obama White House against six suspected whistle-blowers and leakers, and the Homeland Battlefield Bill have crippled the work of investigative reporters in every major newsroom in the country. Government sources that once provided information to counter official narratives and lies have largely severed contact with the press. They are acutely aware that there is no longer any legal protection for those who dissent or who expose the crimes of state. The NDAA threw in a new and dangerous component that permits the government not only to silence journalists but imprison them and deny them due process because they "substantially supported" terrorist groups or "associated forces."
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Totalitarian systems always begin by rewriting the law. They make legal what was once illegal. Crimes become patriotic acts. The defense of freedom and truth becomes a crime. Foreign and domestic subjugation merges into the same brutal mechanism. Citizens are colonized. And it is always done in the name of national security. We obey the new laws as we obeyed the old laws, as if there was no difference. And we spend our energy and our lives appealing to a dead system.
Labels: AUMF, Barack Obama, Chris Hedges, detainee rights, due process, Espionage Act, Homeland Battlefield Bill, Leon Panetta, National Security State, NDAA, totalitarian democracy, whistleblowers
Submit To PropellerFew things are as dangerous to American liberty as the proposition that the government should be able to kill citizens anywhere in the world on the basis of legal standards and evidence that are never submitted to a court, either before or after the fact.
Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power.
Holder’s attempt to make this all seem normal and common should insult anyone with the most basic understanding of American law. As The New York Times put it when first confirming the assassination program in April, 2010: ” The Obama administration has taken the extraordinary step of authorizing the targeted killing of an American citizen. . . . It is extremely rare, if not unprecedented, for an American to be approved for targeted killing, officials said. A former senior legal official in the administration of George W. Bush said he did not know of any American who was approved for targeted killing under the former president.” To date, not a single such citizen has been identified.
As always, the most important point to note for this entire debate is how perverse and warped it is that we’re even having this “debate” at all. It should be self-negating — self-marginalizing — to assert that the President, acting with no checks or transparency, can order American citizens executed far from any battlefield and without any opportunity even to know about, let alone rebut, the accusations. That this policy is being implemented and defended by the very same political party that spent the last decade so vocally and opportunistically objecting to far less extreme powers makes it all the more repellent. That fact also makes it all the more dangerous, because — as one can see — the fact that it is a Democratic President doing it, and Democratic Party officials justifying it, means that it’s much easier to normalize: very few of the Party’s followers, especially in an election year, are willing to make much of a fuss about it at all.
And thus will presidential assassination powers be entrenched as bipartisan consensus for at least a generation. That will undoubtedly be one of the most significant aspects of the Obama legacy. Let no Democrat who is now supportive or even silent be heard to object when the next Republican President exercises this power in ways that they dislike.
Labels: ACLU, Democrats, due process, Eric Holder, George Bush, Glenn Greenwald, killing American citizens, Obama administration, Republicans, U.S. Attorney General, U.S. Constitution
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It’s true that website-seizures-without-trials are not quite as lawless as indefinite detentions, since there are actual statutes conferring this power. But it nonetheless sends a very clear message when citizens celebrate a rare victory in denying the Government a power it seeks — the power to shut down websites without a trial — only for the Government to turn around the very next day and shut down one of the world’s largest and best-known sites. Whether intended or not, the message is unmistakable: Congratulations, citizens, on your cute little “democracy” victory in denying us the power to shut down websites without a trial: we’re now going to shut down one of your most popular websites without a trial.
The U.S. really is a society that simply no longer believes in due process: once the defining feature of American freedom that is now scorned as some sort of fringe, radical, academic doctrine. That is not hyperbole. Supporters of both political parties endorse, or at least tolerate, all manner of government punishment without so much as the pretense of a trial, based solely on government accusation: imprisonment for life, renditions to other countries, even assassinations of their fellow citizens. Simply uttering the word Terrorist, without proving it, is sufficient. And now here is Megaupload being completely destroyed — its website shuttered, its assets seized, ongoing business rendered impossible — based solely on the unproven accusation of Piracy.
Labels: due process, Glenn Greenwald, internet, Megaupload, PIPA, pirates, rule of law, SOPA
Submit To PropellerObama Hails Awlaki Killing
President Obama called the killing of Anwar al Awlaki “another significant milestone in the broader effort to defeat al Qaeda.” The killing of the American-born cleric by CIA drones this morning deals a “major blow” to al Qaeda in the Arabian Peninsula, said Obama at the retirement ceremony for Navy Adm. Mike Mullen. Republicans praised the president and the killing of Awlaki, with Texas Gov. Rick Perry calling it “an important victory.” The American Civil Liberties Union, meanwhile, condemned the killing as an illegal assassination of a U.S. citizen.
Labels: ACLU, Anwar al-Awlaki, assassination, Barack Obama, celebrating lawlessness, due process, extrajudicial executions, military drones, rule of law
Submit To PropellerThe government is planning emergency powers to forcibly relocate terror suspects, months after pledging to scrap the existing measure.
Launching the terrorism prevention and investigation measures (Tpim) bill in May, the Home Office said "relocation to another part of the country without consent will be scrapped". But it has now brought back the powers, reserving them for "exceptional circumstances".
The emergency legislation would enable the home secretary to specify more stringent restrictions on suspected terrorists in exceptional circumstances, the Home Office said.
These would include the power to relocate the individual without their consent to a different part of the country and tighter restrictions on association and communications, it said.
The enhanced Tpim bill will be put before parliament should exceptional circumstances arise. Under the measures, the home secretary "may impose restrictions on the individual leaving a specified area or travelling outside that area", the draft bill said. A suspect under such an order may also be forced to hand in their passport.
The home secretary could also impose restrictions on the individual's possession or use of electronic communication devices, including both computers and telephones. Further restrictions could also be imposed to limit who the suspect communicates or associates with, where the suspect works or what he or she studies. The restrictions imposed under the Tpim were an "imperfect but necessary step", the Home Office said.
It also rejected a recommendation from the joint committee on human rights that an alternative system of restrictions linked to an ongoing criminal investigation, such as that proposed by the former director of public prosecutions Lord Macdonald, was appropriate.
"Tpim notices, like the control orders they will replace, are intended to be used in such cases – where there is no realistic prospect of a prosecution, and there is no imminent prospect that further investigation will yield evidence that could be used to prosecute," the Home Office said.
Labels: Civil liberties, concentration camps, due process, fear-mongering, forced relocation, islamophobia, Japanese American Internment, surveillance society, United Kingdom
Submit To PropellerIs the Libyan war legal? Was Bin Laden’s killing legal? Is it legal for the president of the United States to target an American citizen for assassination? Were those “enhanced interrogation techniques” legal? These are all questions raised in recent weeks. Each seems to call out for debate, for answers. Or does it?
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Here is the reality of post-legal America: since the attacks of September 11, 2001, the National Security Complex has engorged itself on American fears and grown at a remarkable pace. According to Top Secret America, a Washington Post series written in mid-2010, 854,000 people have “top secret” security clearances, “33 building complexes for top-secret intelligence work are under construction or have been built since September 2001... 51 federal organizations and military commands, operating in 15 U.S. cities, track the flow of money to and from terrorist networks... [and] some 1,271 government organizations and 1,931 private companies work on programs related to counterterrorism, homeland security, and intelligence in about 10,000 locations across the United States.”Just stop a moment to take that in. And then let this sink in as well: whatever any one of those employees does inside that national security world, no matter how “illegal” the act, it’s a double-your-money bet that he or she will never be prosecuted for it (unless it happens to involve letting Americans know something about just how they are being “protected”).
Consider what it means to have a U.S. Intelligence Community (as it likes to call itself) made up of 17 different agencies and organizations, a total that doesn’t even include all the smaller intelligence offices in the National Security Complex, which for almost 10 years proved incapable of locating its global enemy number one. Yet, as everyone now agrees, that man was living in something like plain sight, exchanging messages with and seeing colleagues in a military and resort town near Islamabad, the Pakistani capital. And what does it mean that, when he was finally killed, it was celebrated as a vast intelligence victory?
The Intelligence Community with its $80 billion-plus budget, the National Security Complex, including the Pentagon and that post-9/11 creation, the Department of Homeland Security, with its $1.2 trillion-plus budget, and the imperial executive have thrived in these years. They have all expanded their powers and prerogatives based largely on the claim that they are protecting the American people from potential harm from terrorists out to destroy our world.
Above all, however, they seem to have honed a single skill: the ability to protect themselves, as well as the lobbyists and corporate entities that feed off them. They have increased their funds and powers, even as they enveloped their institutions in a penumbra of secrecy. The power of this complex of institutions is still on the rise, even as the power and wealth of the country it protects is visibly in decline.
Now, consider again the question “Is it legal?” When it comes to any act of the National Security Complex, it’s obviously inapplicable in a land where the rule of law no longer applies to everyone. If you are a ordinary citizen, of course, it applies to you, but not if you are part of the state apparatus that officially protects you. The institutional momentum behind this development is simple enough to demonstrate: it hardly mattered that, after George W. Bush took off those gloves, the next president elected was a former constitutional law professor.
Think of the National Security Complex as the King George of the present moment. In the areas that matter to that complex, Congress has ever less power and, as in the case of the war in Libya or the Patriot Act, is ever more ready to cede what power it has left.
So democracy? The people’s representatives? How quaint in a world in which our real rulers are unelected, shielded by secrecy, and supported by a carefully nurtured, almost religious attitude toward security and the U.S. military.
Labels: accountability, due process, extrajudicial executions, National Security State, Patriot Act, post-legal America, rule of law
Submit To PropellerWe might ask ourselves how we would be reacting if Iraqi commandos landed at George W. Bush’s compound, assassinated him, and dumped his body in the Atlantic. Uncontroversially, his crimes vastly exceed bin Laden’s, and he is not a “suspect” but uncontroversially the “decider” who gave the orders to commit the “supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole” (quoting the Nuremberg Tribunal) for which Nazi criminals were hanged: the hundreds of thousands of deaths, millions of refugees, destruction of much of the country, the bitter sectarian conflict that has now spread to the rest of the region.
There’s more to say about [Cuban airline bomber Orlando] Bosch, who just died peacefully in Florida, including reference to the “Bush doctrine” that societies that harbor terrorists are as guilty as the terrorists themselves and should be treated accordingly. No one seemed to notice that Bush was calling for invasion and destruction of the U.S. and murder of its criminal president.
Same with the name, Operation Geronimo. The imperial mentality is so profound, throughout western society, that no one can perceive that they are glorifying bin Laden by identifying him with courageous resistance against genocidal invaders. It’s like naming our murder weapons after victims of our crimes: Apache, Tomahawk… It’s as if the Luftwaffe were to call its fighter planes “Jew” and “Gypsy.”
There is much more to say, but even the most obvious and elementary facts should provide us with a good deal to think about.
Labels: due process, extrajudicial executions, Glenn Greenwald, Native American, Nazi, Noam Chomsky, Nuremburg, Osama bin Laden, rule of law, United States
Submit To PropellerThe Allied powers could easily have taken every Nazi war criminal they found and summarily executed them without many people caring. But they didn't do that, and the reason they didn't is because how the Nazis were punished would determine not only the character of the punishing nations, but more importantly, would set the standards for how future punishment would be doled out. Here was the very first paragraph uttered by lead Nuremberg prosecutor Robert Jackson when he stood up to deliver his Opening Statement:
The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.
And here was the last thing he said:
Civilization asks whether law is so laggard as to be utterly helpless to deal with crimes of this magnitude by criminals of this order of importance. It does not expect that you can make war impossible. It does expect that your juridical action will put the forces of international law, its precepts, its prohibitions and, most of all, its sanctions, on the side of peace, so that men and women of good will, in all countries, may have "leave to live by no man's leave, underneath the law."
I actually believe in those precepts. And if those principles were good enough for those responsible for Nazi atrocities, they are good enough for the likes of Osama bin Laden. It's possible they weren't applicable here; if he couldn't be safely captured because of his attempted resistance, then capturing him wasn't a reasonable possibility. But it seems increasingly clear that the objective here was to kill, not capture him, no matter what his conduct was. That, at the very least, raises a whole host of important questions about what we endorse and who we are that deserves serious examination -- much more than has been prompted by this celebrated killing.
Labels: due process, extrajudicial executions, Glenn Greenwald, Nazi, Nuremburg, Osama bin Laden, rule of law, United States
Submit To PropellerHayden: Syrian site could have produced fuel for 2 weapons
CIA Director Michael Hayden said Monday that the alleged Syrian nuclear reactor destroyed by an Israeli airstrike in September would have produced enough plutonium for one or two bombs within a year of becoming operational.
U.S. intelligence and administration officials publicly disclosed last week their assessment that Syria was building a covert nuclear reactor with North Korean assistance. They said it was modeled on the shuttered North Korean reactor at Yongbyon, which produced a small amount of plutonium. The Syrian site, they said, was within weeks or months of being operational.
Farrakhan's Pennsylvania Admirer
Recall last week's ABC debate in Philadelphia and the way Clinton managed to link Nation of Islam minister Louis Farrakhan and the Rev. Jeremiah Wright to Obama.
No Clinton mistake there. Wright and Farrakhan are toxic to many voters. Suggesting that Obama and the two men are as close as pages in a book virtually seals the Illinois senator's fate with large voting blocs.
Former Guantanamo prosecutor says trials tainted
The former chief prosecutor for the Guantanamo war crimes tribunals testified on Monday that the tribunals were tainted by political influence and evidence obtained through prisoner abuse.
Air Force Col. Moe Davis, who quit the war court last year, said political appointees and higher-ranking officers pushed prosecutors to file charges before trial rules were even written.
A supposedly impartial legal adviser demanded they pursue cases where the defendant "had blood on his hands" because those would excite the public more than mundane cases against document forgers and al Qaeda facilitators, Davis said.
He said the pressure ramped up after "high-value" prisoners with alleged ties to the September 11 plot were moved to Guantanamo from secret CIA custody shortly before the 2006 U.S. congressional elections and amid the ongoing U.S. presidential campaigns.
Labels: 2008 candidates, 2008 Election, Barack Obama, CIA, detainee rights, due process, Guantánamo, Jeremiah Wright, Louis Farrakhan, Military Commissions Act, smears
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For the past three months, the United States military has detained a German citizen in Afghanistan on suspicion of terrorism. German security experts are convinced that the man, who has a history of psychological problems, is innocent.
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An employee of the [ICRC] visited Gholam Ghaus Z., a German citizen, at the US air base in Bagram near Kabul, where he has been held under inhumane conditions since early January. The Americans believe that the 41-year-old man is a terrorist.
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Germany's domestic intelligence agency, the Office for the Protection of the Constitution, has carefully investigated the man, who is from Afghanistan but holds a German passport and lives in the western German city of Wuppertal. They have also investigated the unmarried man's family members and acquaintances, but have not found any evidence of extremist activities or dubious contacts with Islamists.
Gholam Z. claims that he traveled to the Afghan capital Kabul to visit members of his widely scattered family in early January. While he was there, he heard that Western-quality goods could be obtained in a supermarket on the grounds of a US military base in Kabul, and that he, as a German citizen, could go shopping there without any problems.
Gholam Z. borrowed a relative's car to go on what a security expert has called his "fatal shopping trip," during which he planned to buy a razor, among other items. According to his version of events, he drove up to the military base on Jan. 4, showed the guard his German passport in its red cover and was then allowed to pass through several security checkpoints without incident.
But then US soldiers must have suddenly noticed Gholam Z., and he was detained. To the soldiers, it looked like a terrorist had managed to enter the well-guarded camp by posing as part of a group of visitors. It was the sort of suspicion that would automatically put guards on edge, as the number of suicide attacks in Afghanistan had increased substantially during the year 2007.
The Americans searched Gholam Z.'s clothing and found cash in various currencies, with a total value of about €1,000 ($1,580), as well as telephone cards from several countries. For the US military, these items were strong evidence that they were dealing with an Islamist terrorist who was part of an international network.
Gholam Z. was also carrying a brochure for London's Tower Bridge, fueling suspicions that the landmark could be the target of an attack.
US military interrogators spent hours trying to extract information from the presumed terrorist. They refused to believe his attempts at an explanation. He had not planned an attack on Tower Bridge, he told them, but had merely visited relatives in London and gone on a sightseeing trip that included the landmark. But the man's story seemed confused to the interrogators.
The US military interrogators also considered the suspect's justification for the foreign currency he was carrying to be implausible. He told them that he had stopped in Iran on the way to Afghanistan, where he had sold a large number of used mobile phones from Germany.
The soldiers locked him up and continued to interrogate him, but without yielding any results. They also refused to allow the German to contact a lawyer.
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But totally clean apparently isn't clean enough for the US military in Afghanistan, which is under permanent threat of attack. The Americans dealt with the man from Wuppertal in the same way they had proceeded in other cases where innocent people had come under suspicion -- they kept Gholam Z. locked up.
Labels: Afghanistan, Bagram, detainee rights, due process, Germany, Habeas Corpus, ICRC, Khaled el-Masri, Murat Kurnaz, secret detention, United States
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