Obama v. The Military (Again): The Closure of Guantanamo Bay

Binyam Mohamed at Guantanamo Bay: “I Know Beyond A Doubt He Was Tortured”

Andy Worthington lays out the narrative of the military's attempt to undercut President Obama's order for the closure of the Guantanamo Bay detention facility in 12 months. Worthington's analysis is that Bush Administration political appointees within the Pentagon have been trying to find a way around Obama's command to suspend Military Commissions.

Worthington also reveals an important story missed by most of the media: the month-long hunger strike of at least 42 detainees. The lawyer for British resident Binyam Mohamed has claimed that at least 20 are in critical condition.

Who's Running Guantanamo?

On January 20, the answer to that question seemed obvious. In his inaugural speech, with George W. Bush standing just behind him, President Obama pointedly pledged to "reject as false the choice between our safety and our ideals" -- a clear indication that, as he promised in a speech in August 2007, he would dismantle the extra-legal aberrations of the Bush administration's "War on Terror":

When I am President, America will reject torture without exception. America is the country that stood against that kind of behavior, and we will do so again ... As President, I will close Guantánamo, reject the Military Commissions Act, and adhere to the Geneva Conventions ... We will again set an example to the world that the law is not subject to the whims of stubborn rulers, and that justice is not arbitrary.

The next day, President Obama requested the military judges at Guantánamo to call a halt for four months to all proceedings in the Military Commissions at Guantánamo (the terror trials conceived by Dick Cheney and his close advisers in November 2001), to give the new administration time to review the system and to decide how best to progress with possible prosecutions.

The day after, he signed his first executive orders, stating that Guantánamo would be closed within a year, upholding the absolute ban on torture, ordering the CIA to close all secret prisons, establishing an immediate review of the cases of the remaining 242 prisoners in Guantánamo, and requiring defense secretary Robert Gates to ensure, within 30 days, that the conditions at Guantánamo conformed to the Geneva Conventions.

At first, everything seemed to be going well. Two judges immediately halted pre-trial hearings in the cases of the Canadian Omar Khadr and the five co-defendants accused of involvement in the 9/11 attacks, and the President even secured an extra PR victory when Khalid Sheikh Mohammed, the self-confessed architect of 9/11, who had been seeking a swift trial and martyrdom in the discredited Commission system, expressed his dissatisfaction to the judge. "We should continue so we don't go backward, we go forward," he said.

The first sign of dissent from the Pentagon

However, on January 29, the Commissions' recently appointed chief judge, Army Col. James M. Pohl, provided the first challenge to the President's plans, when he refused to suspend the arraignment of the Saudi Prisoner Abdul Rahim al-Nashiri, scheduled for today, February 9, stating that "he found the prosecutors' arguments, including the assertion that the Obama administration needed time to review its options, to 'be an unpersuasive basis to delay the arraignment.'"

Suddenly, urgent questions were raised about who was running Guantánamo, as it transpired that, although Barack Obama could request what he wanted, the Commissions, as Col. Pohl pointed out, had been mandated when "Congress passed the Military Commissions Act, which remains in effect." He added, "The Commission is bound by the law as it currently exists, not as it may change in the future."

Moreover, the only official empowered to call off al-Nashiri's arraignment was Susan Crawford, the Commissions' Convening Authority, who retains her position as the senior Pentagon official overseeing the trials, even though she is a protégée of former Vice President Dick Cheney, and a close friend of Cheney's Chief of Staff, David Addington, the two individuals who, more than any others, established the "arbitrary justice" that Barack Obama pledged to bring to an end.

After a few fraught days, Crawford was evidently prevailed upon to call off the arraignment, which she did on February 5, dismissing the charges without prejudice (meaning that they can be reinstated at a later date). She refused to comment on her decision, and in fact has only spoken out publicly on one occasion since being appointed in February 2007, when she admitted, in the week before Obama's inauguration, that the treatment to which Saudi prisoner Mohammed al-Qahtani was subjected amounted to torture. Instead, a Pentagon spokesman stepped forward to state, "It was her decision, but it reflects the fact that the President has issued an executive order which mandates that the Military Commissions be halted, pending the outcome of several reviews of our operations down at Guantánamo."

This was hardly sufficient to assuage doubts about why a Cheney protégée was still in charge of the Commissions, and these doubts were amplified when the Associated Press announced that two more Bush political appointees -- Sandra Hodgkinson, the former deputy assistant defense secretary for detainee affairs, and special assistant Tara Jones -- had been moved to civil service jobs within the Pentagon. Hodgkinson had spent several years defending the Bush administration's detention policies, and Jones, as the AP explained, worked for a Pentagon public affairs program "aimed at persuading military analysts to generate favorable news coverage on the war in Iraq, conditions at Guantánamo and other efforts to combat terrorism," which was "shut down amid fierce Capitol Hill criticism and investigations into whether it violated Pentagon ethics and Federal Communications Commission policy."

The mass hunger strike

However, while Col. Pohl's dissent and the continuing presence of Susan Crawford raise serious doubts about the Pentagon's ability -- or willingness -- to embrace President Obama's post-Bush world, the most troubling developments are at Guantánamo itself. Although Robert Gates, the only senior Bush administration official specifically retained by Obama, has shown a willingness to adjust to the new conditions (which is, presumably, what encouraged Obama to retain him in the first place), it seems unlikely that, even with the best will in the world, he can address the problems currently plaguing Guantánamo in the remaining twelve days of the time allotted to him to review the conditions at the prison.

A month ago -- inspired, in particular, by the seventh anniversary of the prison's opening, and by the change of administration -- at least 42 prisoners at Guantánamo embarked on a hunger strike. According to guidelines laid down by medical practitioners, force-feeding mentally competent prisoners who embark on a hunger strike is prohibited, but at Guantánamo this obligation has never carried any weight. Force-feeding has been part of the regime throughout its history, and was vigorously embraced in January 2006, in response to an intense and long-running mass hunger strike, when a number of special restraint chairs were brought to Guantánamo, which were used to "break" the strike.

As I reported last week, the force-feeding, which involves strapping prisoners into the chairs using 16 separate straps and forcing a tube through their nose and into their stomach twice a day, is clearly a world away from the humane treatment required by the Geneva Conventions, as are the "forced cell extractions" used to take unwilling prisoners to be force-fed.

Now, however, Lt. Col. Yvonne Bradley, the military defense attorney for the British resident Binyam Mohamed (whose "extraordinary rendition" and torture set off a Transatlantic scandal last week), has reported that conditions inside the prison have deteriorated still further. In an article in yesterday's Observer, Lt. Col. Bradley, who indicated that her client was "dying in his Guantánamo cell," reported on a visit to the prison last week, and stated,

At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [Joint Task Force] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. Swat teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantánamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening.

It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, "I don't want to be beat, injured or killed." Given his health situation, one good blow could be fatal.

Lt. Col. Bradley added that Mohamed's account of the "savage beating" endured by a fellow prisoner was the "first account [she had] personally received of a detainee being physically assaulted at Guantánamo."

And yet, although Lt. Col. Bradley's account indicates that the crisis in Guantánamo is such that ongoing discussions about implementing the Geneva Conventions should be replaced by urgent intervention to address the prisoners' complaints (and alleviating the chronic isolation in which most of the prisoners are held would be a start), the conditions in Guantánamo have been met with a resolute silence from the Pentagon and the White House.

Will it really take another death in Guantánamo -- the sixth -- to provoke an immediate response?

Today's Obamameter: The Latest on US Foreign Policy (6 February)

Latest Post: Decoding the Political Challenges of the Iraqi Elections
Latest Post: Obama and Blair - The Symbolism of Loyalty
Latest Post: US Economy Saved - Dunking Dick Cheney
Latest Post: Red Alert - Fox "News" Launches Comrade Update

Current Obamameter Reading: Murky

9:25 p.m. We'll need time to decode Iranian Speaker of the Parliament Ali Larijani's speech at Munich today but, on first reading, it appears to be the line of "we will talk to the US if it unclenches its fist". Calling on Washington to change its tactics "to a chess game from a boxing match", Larijani invoked the history of US challenges to Iran, including Washington's support of Iraq in the 1980s during Baghdad's war with Tehran, but said a new relationship was possible if the US "accepts its mistakes and changes its policies". In a world where Israel was allowed to have more than 200 nuclear weapons, "the dispute over Iran’s nuclear issue is by no means legal”.

Simple translation? Iran talks formally but only if the US not only refrains from preconditions but eases existing economic restrictions.

9:20 p.m. You have to admire Poland, either for being completely out of it or having no shame in sucking up to Washington or both. Apparently missing the news that the Obama Administration is walking away from missile defence, Polish Prime Minister Donald Tusk "will definitely tell Vice President Biden tomorrow in Munich we are ready to participate in this project, a U.S. project".

Evening Update (8:30 p.m. GMT): We've just posted a separate entry "Decoding the Political Challenges of the Iraqi Elections" with Juan Cole's detailed breakdown and incisive consideration of the results.

The Russian Paradox. As Moscow tries to assert political and military influence in Central Asia and on its western borders, attempting to negotiate with the US from a position of strength, it faces financial and economic crisis at home. We'll have an analysis this weekend, but The Daily Telegraph has just posted Russian President Dmitri Medvedev's warning of unrest:

We are falling under the influence of the global crisis – a worsening problem of unemployment and other social issues. At such a time one encounters those who wish to speculate, to use the situation. One cannot allow an already complicated situation to deteriorate.

In the latest diplomatic move, Russian Deputy Prime Minister Sergei Ivanov told the Munich Security Conference that the Obama Administration offered a "window of opportunity" for positive resolution of the issue of missile defence in Europe.



2:15 p.m. Pakistan authorities claim 52 militants have been killed by army helicopters in fighting south of the Khyber Pass.

1:15 p.m. Today's Russia Reading: Gusting in Your Face. Abhkazia, the region in Georgia which Russia recognised as independent last summer, has announced that it will host a Russian naval base and an airbase. The Abhkaz Deputy Foreign Minister said a 25-year military treaty could be signed.

10:40 a.m. Watching the World Turn. McClatchy News Services has an illuminating article on how Iran is promoting its aims through "soft power" in Latin America, providing millions of dollars in aid to Bolivia.

10:10 a.m. The Guardian of London, amidst the mix of developments on US-Iran relations, offers what I think is sensible advice:

Instead of concentrating narrowly on preventing Iranian nuclear weapons, the better way would be to proceed incrementally, by way of small concessions and bargains, recognising that the gulf between the Iranian and American understanding of history is a very wide one. More fundamental progress is unlikely unless there is movement toward a settlement between Israelis and Palestinians, and an acceptance that the Israeli nuclear monopoly cannot be left out of the equation when urging nuclear restraint on other states. There are no magic wands in the Middle East.

9 a.m. After a bomb killed at least 27 people at a Shi'a mosque in Central Pakistan, hundreds of Shi'a have set fire to a police station.

8 a.m. US-led raid in Zabul province in southern Afghanistan kills 6 people; council member says they are civilians.

Morning Update (6:30 a.m. GMT; 1:30 a.m. Washington): Important clues to President Obama's position in his battle with the US military over strategy in Afghanistan. Speaking to Democratic Congressmen last night, he emphasized the US cannot win the war in Afghanistan by military means alone. The military "needs a clear mission", as there is a danger of "mission creep without clear parameters".

Translation? Obama is not happy with the military's suggestion that the US hand off non-military activities and "nation-building" to European allies and NATO and believes that the proposed buildup of US forces lacks an "exit strategy" with a political as well as military resolution.

You know Kyrgyzstan must be important, even if I still can't pronounce it, because CNN leads with Hillary Clinton's denunciation of the Kyrgyz Government's decision to close the US airbase as "regrettable". Notable, however, that she did not criticise Russia, who helped Kyrgryzstan on its way with promises of financial and economic support.

The Kyrgyz Government is insisting that its decision is final: "The U.S. embassy and the [Kyrgyz] Foreign Ministry are exchanging opinions on this, but there are no discussions on keeping the base." The Kyrgyz Parliament votes on the decision next week.

A suicide bomber killed himself and wounded seven at a checkpoint on Pakistan's Khyber Pass. Security forces suspect he was trying to get to a bigger bridge, which army engineers are repairing after it was damaged by a bomb earlier this week.

Judge Susan Crawford, overseeing the military commissions process at the Guantanamo Bay detention centre, has halted the last ongoing trial. She overruled a judge who ordered the continuation of hearings over a suspect in the 2000 bombing of the USS Cole.

US Threatens UK to Keep Gitmo Torture Secret

(thanks to Ali Yenidunya for co-writing this entry)

The British High Court ruled this afternoon that evidence of the torture of a Britain resident at the Guantanamo Bay detention facility, and the British intelligence services' knowledge of that torture, must remain secret because of US threats to stop sharing intelligence with Britain.



The judges unhappily and reluctantly issued their decision in the case of Binyam Mohamed, who has been held in Guantanamo since 2002. British Foreign Secretary David Miliband had claim that the disclosure of evidence, originally contained in documents given to him by the US government, would threaten British national security.

The judges made clear that they had been told the US threat remained in place under the Obama Administration. This outweighed their assessment that there was "no disclosure of sensitive intelligence matters" in the American documents:

Indeed, we did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials ... relevant to allegations of torture and cruel, inhumane or degrading treatment, politically embarrassing though it might be.

David Davis, Conservative Member of Parliament and former Shadow Home Minister, has taken the issue to the House of Commons. He wants to investigate whether the UK was threatened by the US officials and whether Britain had taken part in tortures: “David Miliband, the UK Foreign Minister, should explain what degree of complicity we have in this.”

Obama Outsourcing Torture?

"An invaluable tool, (the CIA) said, is the practice in which U.S. agencies transfer individuals arrested in one country to another allied country that is able to extract information from them and relay it to the United States.”

Washington Post, 1 Nov. 2002

In their haste to fall over themselves in praising the Obama administration’s decision to close Guantanamo and CIA secret prisons, much of the media forgot to ask if that also applied to rendition. Rendition, a practice that began not with the now departed Bush administration but with its Democratic predecessor, involved the transferring of terrorism suspects from American control to the custody of American allies like Egypt, Saudi Arabia, and Jordan. And how do these countries “extract information” from suspects. Here’s an account from the Washington Post of some of the methods employed by Jordan’s General Intelligence Department:

Former prisoners have reported that their captors were expert in two practices in particular: falaqa, or beating suspects on the soles of their feet with a truncheon and then, often, forcing them to walk barefoot and bloodied across a salt-covered floor; and farruj, or the "grilled chicken," in which prisoners are handcuffed behind their legs, hung upside down by a rod placed behind their knees, and beaten

We now have the apparent answer about rendition. The LA Times reported yesterday that it will continue as will the CIA’s power to kidnap people off the streets in foreign countries as it has done in widely publicized cases in Europe. The difference, according to one anonymous Obama official, is that “if done within certain parameters, it is an acceptable practice."  The Obama administration should be asked as soon as possible whether torture is within these “parameters.” If it is it is further evidence that the main difference between the Obama version of the war on terror and that of his predecessor is in the way that it is sold to the public.

Today's Obamameter: The Latest in US Foreign Policy (1 February)

Latest Post: Obama, Drugs Policy, and AIDS Prevention

Current Obamameter: Good (Early Sunshine Obscured by Gathering Clouds, Improving by Super Bowl)

10:10 p.m. GMT: President Obama gave a high-profile few minutes to NBC before tonight's American football Super Bowl. Interviewer Matt Lauer decided to get a bit serious, after asking Obama for his Super Bowl prediction (the President diplomatically said the Pittsburgh Steelers in a close, hard-fought game), on issues like the economic stimulus package. On Iraq, Obama said there would be "substantial" troop reductions by the time of next year's game.



5:10 p.m. GMT: Optimism over yesterday's Iraqi elections is now being tempered a bit. The turnout is now estimated at 51 percent, lower than the 59 percent for the January 2005 national elections and 76 percent for the November 2005 Parliamentary elections. Voters were deterred or hindered by tight security and registration problems.

5 p.m. GMT: In the latest clash in the Swat Valley in Pakistan, at least 43 civilians were killed in "cross-fire" between insurgents and Government forces, according to a Pakistani military official.

The confidential admissions verifies the reports of local residents. Earlier, Government forces claim they have killed 16 insurgents.

4:30 p.m. GMT: The Karzai Government in Afghanistan has struck back at Western criticism of "corruption", claiming that 80 percent of Afghan aid is in the hands of international organisations. Foreign Minister Rangeen Dadfar Spanta said:

When we have received 20 percent of the foreign aid, then it is better to be asked about that. The problem is that we are asked about the whole of the 100 percent, while we are unaware of the 80 percent.

Spanta linked the issue of corruption to that of the Government's relationship with foreign donors: ""What we need is better coordination, what we need is promoting the government's efficiency, what we need is good governance ... and a campaign against corruption on part of the government and the international community."

1 p.m. GMT: Three civilians, including two children, have died in Afghanistan in two separate incidents involving international forces.

10:45 a.m. GMT: According to early unofficial estimates, about 60 percent of Iraqis voted in yesterday's elections. Electoral commission officials say that the State of Law Coalition, the list backed by Prime Minister Nouri al-Maliki, are leading the polls in Maliki's strongholds of Najaf, Diwaniyah, Wasit, and Babil.

9:05 a.m GMT: The Observer of London reports that Binyam Mohamed, a British resident held at Guantanamo Bay for seven years, is close to death after a hunger strike that began on 5 January.

9 a.m. GMT: A suicide bomber in Afghanistan attacked a convoy of foreign troops this morning, wounded two civilians and a French soldier.

8 a.m. GMT: It will be some time before we have returns from Iraq's elections. Meanwhile, Juan Cole has an excellent summary and analysis of the vote.

Morning Update (7 a.m. GMT; 2 a.m. Washington): The sunshine comes from Iraq, where elections in 14 of 18 provinces were conducted peacefully and the civilian death toll in January was the lowest monthly figure since 2003.

The mist is in Afghanistan, with Kabul and US authorities floating a plan to arm special Afghan security forces to go into the countryside. The possible complications are highlighted in an MSNBC story of villagers' anger at civilian deaths from "special operations". Three US raids in recent weeks have killed up to 50 bystanders.


And the high clouds are from a so-far little-noticed story of how the Obama Administration, despite the acclaim for its more moderate position to international social issues, could be damaging the fight against AIDS (more on this in a separate post).