Must Read

...This.

“He wasn’t a jihadi, but I told him he should have been arrested for stupidity,” the CIA agent told New Yorker reporter Jane Mayer in an interview. Ms. Mayer’s book The Dark Side goes on to explain that two National Security Council staffers — senior terrorism expert General John Gordon, and legal adviser John Bellinger — sought to brief President Bush about reports that an innocent man was being held at Guantanamo Bay. Before they could reach President Bush, however, they were intercepted by David Addington, legal counsel to vice-president Dick Cheney, who said, “No, there will be no review. The President has determined that they are ALL enemy combatants. We are not going to revisit it!”

It is worth revisiting Mr. al-Rabiah’s case as America debates whether lawyers who did pro-bono work for Gitmo detainees desserve praise or scorn. Liz Cheney, William Kristol, Marc Thiessen, and Andrew McCarthy are among the folks who argue the latter — all either helped air or defended a television advertisement calling the subset of these lawyers who now work in the Obama Justice Department “the al Qaeda seven.” In the New York Times, Mr. McCarthy wrote, “Only criminal defendants are entitled to counsel, and those who represent them do indeed perform a constitutionally valuable function. It has never been the law, however, that war prisoners are entitled to counsel to challenge their detention as enemy combatants.” He goes on to assert that “the lawyers chose to offer themselves, gratis, to our enemies for litigation the Constitution does not require. They did so knowing that this litigation would be harmful to the war effort.”

Orin Kerr, a law professor who blogs at The Volokh Conspiracy, has published a devastating take-down of Mr. McCarthy’s argument. It is worth reading in full. I’ll excerpt just one sentence: “McCarthy strangely overlooks the basic fact that much of the litigation for the Guantanamo detainees concerns whether they are in fact the enemy.” Even as an abstract argument, Professor Kerr’s point is persuasive, as are all parts of his rebuttal. But the wrongheadedness of the Cheney/Kristol/Thiessen/McCarthy view can be fully appreciated only by looking at how it played out in a particular case.

Read the whole thing...

Whacked-out Lib General Petraeus

What's his take on closing GITMO?

"With respect to Guantanamo," Petraeus added, "I think that the closure in a responsible manner, obviously one that is certainly being worked out now by the Department of Justice -- I talked to the Attorney General the other day [and] they have a very intensive effort ongoing to determine, indeed, what to do with the detainees who are left, how to deal with them in a legal way, and if continued incarceration is necessary -- again, how to take that forward. But doing that in a responsible manner, I think, sends an important message to the world, as does the commitment of the United States to observe the Geneva Convention when it comes to the treatment of detainees."

U.C. Davis Guantanamo Testamonials Project

I saw this on Rachel Maddow. They have gathered testamonials from (among others) Prisoners, Marines, Chaplains, Translators, FBI Agents and Guards.

From the main page:

We begin our endeavor with The Guantánamo Testimonials Project. The goals of this project are to gather testimonies of prisoner abuse in Guantánamo, to organize them in meaningful ways, to make them widely available online, and to preserve them there in perpetuity.

The strength of these testimonies is considerable. Based on them, a number of distinguished individuals and organizations have called for the closure of Guantánamo.

At CSHRA we take no position as to whether the Guantánamo prisoners are guilty or innocent. Yet we recognize that these individuals are, in either case, entitled to a set of fundamental rights (a) as individuals held during an armed conflict, (b) as prisoners in general, and (c) as ordinary human beings.