DOD: Consider Whether We’ve Made Detainees Crazy in Periodical Review

Section 1023 of the Defense Authorization mandated that the Administration tell Congress how it was implementing Obama’s Executive Order providing periodic review of Gitmo detainees’ continued need to be detained.

SEC. 1023. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) PROCEDURES REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth procedures for implementing the periodic review process required by Executive Order No. 13567 for individuals detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).

Here’s the directive complying with that requirement.

I’ll have plenty to say about it. But for the moment, I got hung up on this:

3. STANDARD. Continued law of war detention is warranted for a detainee subject to periodic review if such detention is necessary to protect against a continuing significant threat to the security of the United States. In making that assessment, the PRB may review all relevant materials including information from the final Task Force assessments produced pursuant to Reference (k); the work product of a prior PRB; or any relevant intelligence produced subsequent to either. Application of this standard is specifically not intended to require a re-examination of the underlying materials that supported the work products of either Reference (k) or a prior PRB and is not intended to create a requirement that each PRB conduct a zero-based review of all original source materials concerning a detainee. In assessing whether a detainee continues to meet this standard, the PRB may consider:

[snip]

(6) The detainee’s physical and psychological condition.

We know, of course, that there are a number of people at Gitmo–starting with Abu Zubaydah and Mohammed al-Qahtani–we’ve driven completely insane with our torture and abuse, who we can’t try but also can’t release (not that we’d release either of these two anyway).

But this seems to be a tacit admission that we won’t release people we’ve driven crazy. Because, Freedom!, I guess. So are we now saying that because our treatment has made them insane we will now use that as reason to keep them in custody?

Though maybe once these guys get to be so old they’re having health problems, maybe then we’ll finally release them.

Tweet about this on Twitter7Share on Reddit0Share on Facebook4Google+0Email to someone

9 Responses to DOD: Consider Whether We’ve Made Detainees Crazy in Periodical Review

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9

Emptywheel Twitterverse
bmaz @isamuel @copiesofcopies @OrinKerr Sure, but to be clear, Orin has an intelligent+reasoned position. May not be mine, but it is not invalid.
8mreplyretweetfavorite
emptywheel @ZaidJilani Have heard that from African friends: beatings learned from Britons. @Luvnbeer
18mreplyretweetfavorite
emptywheel @brettmaxkaufman It's their nice way of saying, "Damnit, we had hoped we could go v Klayman alone in the one favorable judgment" @aclu @eff
19mreplyretweetfavorite
emptywheel @mattapuzzo What about the covert forces on the ground? They're just killing everyone? @robertcaruso
27mreplyretweetfavorite
emptywheel @tbogg Not sure how much of this story would have come out if Goodell weren't lying his ass off so consistently. Scapegoated Rice.
48mreplyretweetfavorite
emptywheel @eljefekenney Or someone trying to protect him, yes. It's possible it's true, even.
53mreplyretweetfavorite
emptywheel @eljefekenney Dunno. Don't believe the parts abt Harbaugh, if that's your question. He CLEARLY knew more during his presser.
56mreplyretweetfavorite
emptywheel "Perhaps most visibly, Rice was the longtime spokesman for M&T Bank, one of the team's main sponsors " http://t.co/ZCOWvYAHl4
56mreplyretweetfavorite
emptywheel Glad @DVNJr's piece didn't drop till after Goodell's presser--more likely he'll go. But sort of wish it disproved the Mueller whitewash
59mreplyretweetfavorite
emptywheel @BrianF1959 Maybe. But trust me .Your depiction of what happened with public perception is utterly wrong.
1hreplyretweetfavorite
emptywheel @BrianF1959 To WHAT? To the public learning that Clapper lied? In what world?
1hreplyretweetfavorite
emptywheel @BrianF1959 About 5 people noted in real time it was a lie. Snowden exposed it as such to the public.
1hreplyretweetfavorite