[blind-democracy] Re: US Launches Secret Bid to Stop Release of Hunger-Striking Detainee

  • From: Carl Jarvis <carjar82@xxxxxxxxx>
  • To: blind-democracy@xxxxxxxxxxxxx
  • Date: Sat, 15 Aug 2015 14:30:41 -0700

When our esteemed officials begin lecturing other nations regarding
their human rights abuses, I get downright uncomfortable.
Embarrassed! And I tune them out, or off. Bad enough being lectured
when the one doing the lecturing is without blame, but our government
is going to tell other governments how they should behave? Go on!
Here's a thought: Let's clean up our own abuses, like our new slave
class lingering in our public and private prisons; our police forces
that think they are the Marines...or worse; the Black Hole Torture
prisons that the government claims it does not now, nor never did
have; our refusal to face our deep racial biases; our "Super People"
face we show to the rest of the world.
The head doctors have fancy names for our national condition, but
"Inflated Wacko" will do just fine.

Carl Jarvis

On 8/15/15, Miriam Vieni <miriamvieni@xxxxxxxxxxxxx> wrote:

It is amazing that the US dares to criticize other countries for their
human
rights records.
Miriam

Ackerman writes: "Objection to freeing Tariq Ba Odah, who is 56% of his
ideal body weight, comes as Obama administration fights to stop detainees
seeking freedom in federal courts."

The Obama administration's 2009 review cleared Tariq Ba Odah for transfer,
an indication the government does not possess information sufficient to
charge him. (photo: Brennan Linsley/AP)


US Launches Secret Bid to Stop Release of Hunger-Striking Detainee
By Spencer Ackerman, Guardian UK
15 August 15

Objection to freeing Tariq Ba Odah, who is 56% of his ideal body weight,
comes as Obama administration fights to stop detainees seeking freedom in
federal courts

n an extremely rare legal manoeuvre, the Obama administration has
challenged a legal request to free a hunger-striking Guantánamo Bay
detainee
entirely in secret.
US officials said the objection to freeing Tariq Ba Odah, who is
undernourished to the point of starvation, and the decision to challenge
his
legal gambit outside of public view, are indications that the Obama
administration will fight tenaciously to stop detainees from seeking
freedom
in federal courts, despite Barack Obama’s oft-repeated pledge to close
Guantánamo.
Late on Friday, the US justice department submitted a long-awaited filing
in
Ba Odah’s habeas corpus petition. The filing was kept under seal, a rarity
for a challenge to the so-called “great writ,” the underpinning of
Anglo-American jurisprudence.
The filing itself simply reads: “Sealed opposition.”
Attorneys for Ba Odah are currently reviewing the sealed filing but said
they cannot comment on the substance yet. Keeping the US opposition secret
is “rare and unnecessary,” said Wells Dixon of the Center for
Constitutional
Rights, which has Ba Odah as a client.
Ba Odah, a 36-year-old Yemeni who has spent 13 years at Guantánamo,
currently risks dying in the Guantánamo Bay facility where he has spent a
third of his life. He weighs 74 pounds (34kg), the result of years of
rejecting food and forced feeding through a tube inserted through his nose
into his stomach.
The Obama administration’s 2009 review cleared the Yemeni national for
transfer, an indication the government does not possess information
sufficient to charge him with an offense nor considers him a threat to US
or
allied security.
In June, lawyers for Ba Odah submitted into the court record statements
from
doctors indicating that his weight loss – he weighs approximately 56% of
his
ideal body weight – has reached the point of irreparable medical harm.
“There are limits to what the human body can endure, and at 74.5 pounds –
no
matter the precise nature of his underlying medical complications – Mr Ba
Odah is undoubtedly reaching those limits and may soon exceed them,” Sondra
Crosby of Boston Medical Center told the US district court for the District
of Columbia on 25 June.
A US official, speaking on condition of anonymity, said hardline elements
within the US defense department are convinced that hunger strikes –
referred to euphemistically at Guantánamo as “non-religious fasting” – are
functionally a method of warfare. On that view, permitting Ba Odah’s
challenge to his detention to go unanswered would both represent a
substantive defeat and would encourage intensification of hunger strikes.
The official indicated that the motive for sealing the motion was to shield
the government from embarrassment, rather than protecting classified
information.
Ba Odah’s lawyers reacted with surprise and anger at the government’s
sealed
challenge. While they hoped the US would not oppose the Yemeni’s request
for
freedom, they also did not expect the US to keep its reasons for the
challenge secret.
Omar Farah, Ba Odah’s attorney with the Center for Constitutional Rights,
said: “We are deeply disappointed by this secret filing. It is a
transparent
attempt to hide the fact that the Obama administration’s interagency
process
for closing Guantánamo is an incoherent mess, and it is plainly intended to
conceal the inconsistency between the administration’s stated intention to
close Guantánamo and the steps taken to transfer cleared men. The
administration simply wants to avoid public criticism and accountability.”
National-security lawyers said they could not think of a case where the
government had filed a sealed challenge to a habeas petition.
“That would be unique, in my experience,” said attorney Joshua Dratel, who
has represented several accused terrorists and Guantánamo detainees.
“I’ve never heard of that in a habeas context. It’s rare in a criminal
context.”
Ba Odah only represents one aspect of the Obama administration’s
acrimonious
internal struggles over closing Guantánamo Bay. The Guardian revealed on 13
August that Pentagon has for years blocked the transfers of cleared
detainees for whom the state department had arranged deals to remove from
Guantánamo into home custody, including Shaker Aamer, a UK permanent
resident.
“Today’s filing in opposition was made under seal, in accordance with
procedures used in the Guantánamo habeas cases when information regarding
detainee medical care and related issues is involved. A public version of
the filing is being prepared and will be filed on the public record,” a
justice department spokesperson said, denying that the opposition to Ba
Odah’s release contradicted the goal of closing the detention facility.
Farah, Ba Odah’s attorney, called sealing the filing an “unnecessary” move
by the Obama administration.
“There is nothing sensitive about this pivotal moment that needs to be
withheld from the public. Mr Ba Odah’s grave medical condition is not in
dispute. Given that he has been cleared since 2009, there is no dispute
about whether he should be approved for transfer. All the president has to
decide is whether to exercise his discretion not to contest the motion and
release Mr Ba Odah so that he does not die,” he said.
Error! Hyperlink reference not valid. Error! Hyperlink reference not
valid.

The Obama administration's 2009 review cleared Tariq Ba Odah for transfer,
an indication the government does not possess information sufficient to
charge him. (photo: Brennan Linsley/AP)
http://www.theguardian.com/us-news/2015/aug/15/us-launches-secret-bid-to-sto
p-release-of-hunger-striking-guantanamo-detaineehttp://www.theguardian.com/u
s-news/2015/aug/15/us-launches-secret-bid-to-stop-release-of-hunger-striking
-guantanamo-detainee
US Launches Secret Bid to Stop Release of Hunger-Striking Detainee
By Spencer Ackerman, Guardian UK
15 August 15
Objection to freeing Tariq Ba Odah, who is 56% of his ideal body weight,
comes as Obama administration fights to stop detainees seeking freedom in
federal courts
n an extremely rare legal manoeuvre, the Obama administration has
challenged a legal request to free a hunger-striking Guantánamo Bay
detainee
entirely in secret.
US officials said the objection to freeing Tariq Ba Odah, who is
undernourished to the point of starvation, and the decision to challenge
his
legal gambit outside of public view, are indications that the Obama
administration will fight tenaciously to stop detainees from seeking
freedom
in federal courts, despite Barack Obama’s oft-repeated pledge to close
Guantánamo.
Late on Friday, the US justice department submitted a long-awaited filing
in
Ba Odah’s habeas corpus petition. The filing was kept under seal, a rarity
for a challenge to the so-called “great writ,” the underpinning of
Anglo-American jurisprudence.
The filing itself simply reads: “Sealed opposition.”
Attorneys for Ba Odah are currently reviewing the sealed filing but said
they cannot comment on the substance yet. Keeping the US opposition secret
is “rare and unnecessary,” said Wells Dixon of the Center for
Constitutional
Rights, which has Ba Odah as a client.
Ba Odah, a 36-year-old Yemeni who has spent 13 years at Guantánamo,
currently risks dying in the Guantánamo Bay facility where he has spent a
third of his life. He weighs 74 pounds (34kg), the result of years of
rejecting food and forced feeding through a tube inserted through his nose
into his stomach.
The Obama administration’s 2009 review cleared the Yemeni national for
transfer, an indication the government does not possess information
sufficient to charge him with an offense nor considers him a threat to US
or
allied security.
In June, lawyers for Ba Odah submitted into the court record statements
from
doctors indicating that his weight loss – he weighs approximately 56% of
his
ideal body weight – has reached the point of irreparable medical harm.
“There are limits to what the human body can endure, and at 74.5 pounds –
no
matter the precise nature of his underlying medical complications – Mr Ba
Odah is undoubtedly reaching those limits and may soon exceed them,” Sondra
Crosby of Boston Medical Center told the US district court for the District
of Columbia on 25 June.
A US official, speaking on condition of anonymity, said hardline elements
within the US defense department are convinced that hunger strikes –
referred to euphemistically at Guantánamo as “non-religious fasting” – are
functionally a method of warfare. On that view, permitting Ba Odah’s
challenge to his detention to go unanswered would both represent a
substantive defeat and would encourage intensification of hunger strikes.
The official indicated that the motive for sealing the motion was to shield
the government from embarrassment, rather than protecting classified
information.
Ba Odah’s lawyers reacted with surprise and anger at the government’s
sealed
challenge. While they hoped the US would not oppose the Yemeni’s request
for
freedom, they also did not expect the US to keep its reasons for the
challenge secret.
Omar Farah, Ba Odah’s attorney with the Center for Constitutional Rights,
said: “We are deeply disappointed by this secret filing. It is a
transparent
attempt to hide the fact that the Obama administration’s interagency
process
for closing Guantánamo is an incoherent mess, and it is plainly intended to
conceal the inconsistency between the administration’s stated intention to
close Guantánamo and the steps taken to transfer cleared men. The
administration simply wants to avoid public criticism and accountability.”
National-security lawyers said they could not think of a case where the
government had filed a sealed challenge to a habeas petition.
“That would be unique, in my experience,” said attorney Joshua Dratel, who
has represented several accused terrorists and Guantánamo detainees.
“I’ve never heard of that in a habeas context. It’s rare in a criminal
context.”
Ba Odah only represents one aspect of the Obama administration’s
acrimonious
internal struggles over closing Guantánamo Bay. The Guardian revealed on 13
August that Pentagon has for years blocked the transfers of cleared
detainees for whom the state department had arranged deals to remove from
Guantánamo into home custody, including Shaker Aamer, a UK permanent
resident.
“Today’s filing in opposition was made under seal, in accordance with
procedures used in the Guantánamo habeas cases when information regarding
detainee medical care and related issues is involved. A public version of
the filing is being prepared and will be filed on the public record,” a
justice department spokesperson said, denying that the opposition to Ba
Odah’s release contradicted the goal of closing the detention facility.
Farah, Ba Odah’s attorney, called sealing the filing an “unnecessary” move
by the Obama administration.
“There is nothing sensitive about this pivotal moment that needs to be
withheld from the public. Mr Ba Odah’s grave medical condition is not in
dispute. Given that he has been cleared since 2009, there is no dispute
about whether he should be approved for transfer. All the president has to
decide is whether to exercise his discretion not to contest the motion and
release Mr Ba Odah so that he does not die,” he said.
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