Does This Explain Why Minh Quang Pham Is Languishing Away?

TBIJ has a troubling report (see also this Independent story) on a number of British citizens who have been stripped of their citizenship so they can be targeted by drones or rendered here to the US. I described the fate of one of them — Mahdi Hashi — here. Another was the Russian spy Anna Chapman, though that happened after her arrest here.

I’m particularly interested, however, in this entry in TBIJ’s report.

B2
Deprived December 2011. Successfully challenged. Government now appealing.

This is one of three known cases where notice has been served on an individual while they were still in the UK. B2 came to the UK as a child with his refugee Vietnamese parents. He became a UK citizen in 1995, and later converted to Islam. In 2010 he reportedly traveled to Yemen, where MI5 alleges he trained with al Qaeda in the Arabian Peninsula (AQAP). He apparently returned to the UK in July 2011 and the Home Secretary informed him he would lose his British citizenship that December. B2 appealed, saying the decision would make him stateless. The Vietnamese government agreed that he was not its citizen, and the order was overturned. However the Home Office told the Bureau it is appealing. B2 is thought still to be in the UK.

These details make B2 sound like Minh Quang Pham, whom I wrote about here and here. Though here’s the timeline DOJ offered when they conspicuously announced Pham’s arrest last May, with a few additional details from Pham’s docket included.

December 2010: Pham travels from the UK to Yemen.

March 2011: Pham’s military training in Yemen begins.

March and April 2011: Pham carries a Kalashnikov.

April 2011: Pham works with Samir Khan and meets Anwar al-Awlaki.

July 2011: End date for military training in Yemen.

September 27, 2011: AQAP releases Inspire, Issue 7.

September 30, 2011: Khan and Awlaki killed in drone strike.

December 2011: End date of material support charges.

May 24, 2012: Pham indicted in NY.

June 29, 2012: Pham “arrested,” while still being held by British authorities in immigration custody. Indictment publicly released by DOJ.

August 23, 2012: Pham’s indictment officially unsealed.

Compare that to these dates regarding the UK’s efforts to strip B2′s citizenship.

February 9, 1983: B2 born in Vietnam.

August 1989: B2 travels with parents to UK, where they are granted asylum.

1995: B2 and his family get British citizenship.

December 2010: B2 travels to Yemen.

July 25, 2011: B2 leaves Yemen.

December 20, 2011: British Secretary of State decides to strip B2 of his citizenship.

December 22, 2011: British SoS provides notice and strips B2 of citizenship.

January 13, 2012: B2 appeals decision based on claim he would be stateless if he lost British citizenship.

June 13-14, 2012: B2′s citizenship hearing.

June 29, 2012: B2′s appeal succeeds.

Much of this lines up perfectly: The December 2010 departure for Yemen, the July 2011 end to military training, and the December 2011 immigration detention.

More important still, note that the British court released its decision about B2 on the same day — June 29, 2012 — that DOJ hastily announced Pham’s arrest, though without formally unsealing his indictment (note, DOJ’s original press release, though not FBI’s version, got disappeared, though can still be accessed via Internet Archive; see also this screen cap showing the press release missing).

The only discrepancy — and it may not be one — is B2′s claim he left Yemen on July 25, 2011. While DOJ’s military training charges end in July 2011, its material support charges continue until December 2011. Though note this Telegraph article says Pham was arrested when he arrived in Heathrow on July 27, 2011.

In short, unless there are a whole lot more Vietnamese refugees to Britain wandering back and forth from Yemen on the very same days, B2 is Pham.

Not only that, but it’s clear his “arrest” appears to be nothing more than an attempt to establish a fall-back position if and when holding him in immigration detention becomes impossible because he gets his citizenship restored. Barring that, they may well leave Pham in immigration custody in the UK indefinitely.

The most curious aspect of all this, though, is that material support charge that continues while, at least according to the Telegraph, Pham was in custody. Maybe the Telegraph is wrong, but if not, it means — according to the US — Pham continued to materially support AQAP while in British custody.


Rather than Close Gitmo, We’ll Just Intercept More Medical Goods for Iran

A lot of people are talking about this story, reporting that the Envoy in charge of shutting down Gitmo will be reassigned.

The State Department on Monday reassigned Daniel Fried, the special envoy for closing the prison at Guantánamo Bay, Cuba, and will not replace him, according to an internal personnel announcement. Mr. Fried’s office is being closed, and his former responsibilities will be “assumed” by the office of the department’s legal adviser, the notice said.

The announcement that no senior official in President Obama’s second term will succeed Mr. Fried in working primarily on diplomatic issues aimed at repatriating or resettling detainees appeared to signal that the administration does not currently see the closing of the Guantánamo Bay prison as a realistic priority, despite repeated statements that it still intends to do so.

But few are talking about where Fried is being reassigned: to the sanctions department.

Mr. Fried will become the department’s coordinator for sanctions policy and will work on issues including Iran and Syria.

Granted, both trying to persuade third countries to take detainees and convincing countries to join our ever-intensifying sanctions regime against Iran involve the same skill sets.

Still, as the sanctions against Iran cause increasing difficulties for Iran’s citizens, I think it worth noting how we’ve change our human rights priorities.


Another Year, and Another Detainee Killed, But Obama’s Intent Is Still Found in Bagram

Today marks yet another anniversary for our prison in Gitmo. Over the last year, the most notable change has been that–after Obama’s DOJ succeeded in gutting habeas corpus so they could keep Adnan Latif, against whom they had no credible evidence, detained–Latif died under unexplained circumstances. Laura Poitras has a powerful video documenting Latif’s torment to mark today’s anniversary. Jason Leopold also has a story with new details on Latif’s death.

And while I do think the Administration’s willingness to so twist the law to keep Latif is itself witness to Obama’s real intent on indefinite detention, I still think the argument I made last year–that Bagram is the true exhibit of Obama’s fondness for review-free detention–stands. Here’s last year’s Gitmo post in its entirety, with updates below.


On a near daily basis in the last week or so, Jason Leopold has tweeted some quote from the daily White House press briefing in which a journalist asks Jay Carney a question about detention, to which Carney responds by insisting the Administration still intends to close Gitmo.

Q    One other topic.  Wednesday is apparently the 10th anniversary of the prison in Guantanamo Bay, and I’m wondering what the White House says now to critics who point to this as a pretty clear broken promise.  The President had wanted to close that within a year.  That hasn’t happened for a lot of the history that you know of.  And now it’s like there’s really no end in sight.  How do you respond to the criticism that this is just a big, broken promise?

MR. CARNEY:  Well, the commitment that the President has to closing Guantanamo Bay is as firm today as it was during the campaign.  We all are aware of the obstacles to getting that done as quickly as the President wanted to get it done, what they were and the fact that they continued to persist.  But the President’s commitment hasn’t changed at all.  And it’s the right thing to do for our national security interests.

That has been an opinion shared not just by this President or members of this administration, but senior members of the military as well as this President’s predecessor and the man he ran against for this office in the general election.  So we will continue to abide by that commitment and work towards its fulfillment.

And that response usually succeeds in shutting the journalist up.

No one has, as far as I know, asked the more general question: “does the Administration plan to get out of the due process-free indefinite detention business?” That question would be a lot harder for Carney to answer–though the answer, of course, is “no, the Administration has no intention of stopping the practice of holding significant numbers of detainees without adequate review.” Rather than reversing the practice started by the Bush Administration, Obama has continued it, even re-accelerated it, expanding our prison at Bagram several times.

That question seems to be absent from discussions about Gitmo’s anniversary, too. Take this debate from the NYT.

Deborah Pearlstein takes solace in her assessment that Gitmo has gotten better over the last decade.

In 2002, detention conditions at the base were often abusive, and for some, torturous. Today, prisoners are generally housed in conditions that meet international standards, and the prison operates under an executive order that appears to have succeeded in prohibiting torture and cruelty. In 2002, the U.S. president asserted exclusive control over the prison, denying the applicability of fundamental laws that would afford its residents even the most basic humanitarian and procedural protections, and rejecting the notion that the courts had any power to constrain executive discretion. Today, all three branches of government are engaged in applying the laws that recognize legal rights in the detainees. Guantánamo once housed close to 800 prisoners, and most outside observers were barred from the base. Today, it holds 171, and independent lawyers, among others, have met with most detainees many times.

But she doesn’t mention that the Administration still operates a prison alleged to be abusive, even torturous, still rejects the notion that courts have any power to constrain executive discretion over that prison. And that prison holds over 3,000 men in it!

Sure, Gitmo has gotten better, but that only serves to distract from the fact that our detention practices–except for the notable fact that we claim to have ended the most physical forms of torture–have not.

David Cole scolds those in Congress who “don’t seem troubled at all about keeping men locked up who the military has said could be released, or about keeping open an institution that jeopardizes our security,” yet doesn’t mention that Bagram does the same. Nor does he note the part of the Administration’s NDAA signing statement that suggested Congress’ salutary effort to expand detainee review would not necessarily apply to Bagram. How can it all be Congress’ fault when Obama isn’t fulfilling the letter of the law providing more meaningful review to those we’re holding at Bagram?

Even the brilliant Vince Warren focuses on the “legal black hole” that is Gitmo, without mentioning the bigger legal black hole that is Bagram.

Among the four participants in the debate, only Eric Posner even mentions Bagram, suggesting that that’s one less optimal alternative to keeping prisoners at Gitmo.

To be sure, there are other options. Detainees could be placed in prison camps on foreign territory controlled by the U.S. military, where they lack access to U.S. courts and security is less certain.

But then Posner misconstrues the issue.

Some critics believe that the whole idea of a war on terror is misconceived, that Congress could not have lawfully declared war on Al Qaeda, and that therefore suspected members of Al Qaeda cannot be detained indefinitely like enemy soldiers but must either be charged in a court or released. This position has been rejected repeatedly by the courts, but even if it were correct, Guantánamo would remain a legitimate place to detain enemy soldiers picked up on “hot” battlefields wherever they may be now or in the future — places like Afghanistan, Iraq, Libya and maybe soon Iran, to name a few.

There’s a difference between what is legal under international law developed for very different wars and what is just or what is the best way to conduct that war. And the problem with Gitmo (mitigated somewhat over the decade)–and the problem with Bagram, still–is that we’re spending unbelievable amounts of money to detain and abuse people that we haven’t even adequately reviewed to make sure we need to detain them. That’s not a smart way to conduct a war, particularly not one its backers insist will never end, particularly one that depends on our ability to win support among Afghans and other Muslims.

The only thing that was and is problematic about Gitmo that is not also problematic about Bagram is the publicity surrounding it (presumably, though, just here and in Europe–I imagine Afghans, Pakistanis, and al Qaeda members know as much about Bagram as they do about Gitmo). That is, by treating–and allowing the Administration to treat–Gitmo as the problem, rather than due process-free and possibly abusive indefinite detention generally, we’re all acting as if the problem is that people know we’re conducting due process-free indefinite detention, not that we’re doing it at all. Continue reading


The Lawyers that Stayed, the Lawyers that Left

Charlie Savage covers a very troubling development in the case of Ali al-Bahlul, a Yemeni who is serving a life sentence for serving as Al Qaeda’s videographer.

After Hamdan had his conviction vacated by the DC Circuit last year because material support was not a war crime at the time of his support for al Qaeda, Bahlul’s conviction was put in jeopardy too. As Savage earlier reported, there was a debate among the national security lawyers. And in spite of the fact that almost everyone disagreed with Eric Holder on this count, Holder made them press forward anyway.

The Obama administration, after a high-level debate among its legal team, told a federal appeals court on Wednesday that the conviction of a Guantánamo Bay prisoner by a military commission in 2008 was valid even though the charges against him — including “conspiracy” and “material support for terrorism” — were not recognized as war crimes in international law.

Attorney General Eric H. Holder Jr. decided to press forward with the case, fighting the appeal of a guilty verdict against the prisoner, a Yemeni man named Ali al-Bahlul. In an unusual move, Mr. Holder overruled the recommendation of the solicitor general, Donald B. Verrilli Jr., who had wanted to drop the case because the appeals court had rejected the same legal arguments in another case several months ago, according to officials familiar with the deliberations.

The chief prosecutor of the military commissions system, Brig. Gen. Mark Martins, had also urged the Justice Department to drop the case and pointedly did not sign the 22-page brief to the court on Wednesday. It concedes that the judges must side with Mr. Bahlul at this stage because of the earlier ruling in the other case, but argues that the earlier ruling was wrong.

It sure appears that Eric Holder is just counting on getting the same kind of batshit crazy ruling he got in Latif, so as to sustain his legally unjustified detention.

What’s especially interesting about this, however, is the Kremlinology. Back in early December over the course of two days time, both Jeh Johnson and Harold Koh resigned. It felt very much like a protest, or a refusal to be part of something that struck them as legally unsound (I thought then–as still suspect–it was partly a response to John Brennan’s halt of the effort to put drones on a sound legal footing).

And now we know that around that time, the Attorney General was overriding not just their advice, but that of most of the others involved in this, including the Solicitor General and the Military Commission Chief Prosecutor.

Yesterday’s brief, incidentally, was signed by the Acting Deputy General Counsel at DOD, not Johnson (of course).

So Johnson and Koh are gone. And Eric Holder? The Administration just announced he will stay into the second term. (And, not incidentally, yesterday I floated the suggestion that Lisa Monaco, who sided with Holder on this fight, would be named to replace FBI Director Mueller later this year; a number of smart people suggested that was a smart prediction.)

Update: In the WaPo version of this story, Steve Vladeck suggests that if the government really planned to push forward with an appeal of this to SCOTUS (that is, to reverse the ruling in Hamdan II), the language in the brief would have been stronger.

Incidentally, I wonder yet again about the case of the three Somalis in this context. Is this why they added a conspiracy charge to their indictment, to establish that as a precedent in this situation?


Three Months after Latif’s Death, “Transparent” Gitmo Reveals Acute Pneumonia

Roughly 11 years to the day after he was captured by Pakistanis to be sold for bounty and over 3 months after his death, Adnan Latif has returned to Yemen, a partly-decayed corpse.

In the statement announcing his remains have been repatriated, Gitmo revealed a new detail about how he died.

The medical examiner also concluded that acute pneumonia was a contributing factor in his death.

You gotta ask why a guy with acute pneumonia was put in solitary. I also wonder whether years of forced feeding contributes to pneumonia?

Not to worry, though, because Gitmo says they take care of detainees. Here’s the last paragraph of the statement:

Joint Task Force Guantanamo continues to provide safe, humane, and lawful care and custody of detainees. This mission is being performed professionally, transparently, and humanely by the men and women of Joint Task Force Guantanamo. [my emphasis]

It took two and a half months to learn Latif committed suicide. We’re only now learning he suffered from acute pneumonia. And we still do not officially know how badly his head injury–the one the government claims didn’t really exist so they could keep him detained–expressed itself while at Gitmo, much less the drugs he was being given, ostensibly for that and mental health problems.

Don’t worry though. Gitmo operates transparently.

May you rest in peace, Adnan.


Zero Dark 30 “Heroine” Outed and Scarred By European Torture Judgment

[SEE CRITICAL UPDATE BELOW]

Although many people have been long familiar with her name and career, there seems to be new buzz about the [possible] identity of the female CIA operative lionized in the bin Laden killing and talk of the town movie “Zero Dark Thirty“.

The Twitters are abuzz this morning, but this article from John Cook at Gawker last September tells the tale:

Her name is Alfreda Frances Bikowsky and, according to independent reporters Ray Nowosielski and John Duffy, she is a CIA analyst who is partially responsible for intelligence lapses that led to 9/11. The two reporters recently released a “documentary podcast” called “Who Is Richard Blee?” about the chief of the agency’s bin Laden unit in the immediate run-up to the 9/11 attacks and featuring interviews with former counterterrorism official Richard Clarke, former CIA agent Bob Baer, Looming Tower author Lawrence Wright, 9/11 Commission co-chairman Tom Keane, and others. In it, Nowosielski and Duffy make the case that Bikowsky and another CIA agent named Michael Anne Casey deliberately declined to tell the White House and the FBI that Khalid al-Mihdhar, an Al Qaida affiliate they were tracking, had obtained a visa to enter the U.S. in the summer of 2001. Al-Mihdhar was one of the hijackers on American Airlines Flight 77. The CIA lost track of him after he entered the U.S.

Bikowsky was also, according to Nowosielski and Duffy, instrumentally involved in one of the CIA’s most notorious fuck-ups—the kidnapping, drugging, sodomizing, and torture of Khalid El-Masri in 2003 (El-Masri turned out to be the wrong guy, and had nothing to do with terrorism). As the Associated Press’ Adam Goldman and Matt Apuzzo reported earlier this year, an analyst they described only by her middle name—”Frances”—pressed for El-Masri to be abducted even though some in the agency weren’t convinced he was the terrorist that Frances suspected he was. Instead of being punished or fired for the error, “Frances” was eventually promoted to running the Global Jihad Unit by then-CIA director Michael Hayden. According to Goldman and Apuzzo’s story, “Hayden told colleagues that he gave Frances a pass because he didn’t want to deter initiative within the counterterrorism ranks.”

My, my, the CIA does have problems keeping secrets lately, don’t they? A point saliently noted by Marcy in relation to both Matt Bissonnette and the Mexican “trainers” who were involved in in an ambush. I guess the de rigueur Obama Administration leak prosecution will be along any second.

It is fairly amazing Bikowsky’s name has been kept out of the real limelight surrounding [speculation on] Zero Dark Thirty this long, considering her known involvement in the other issues, especially the one about gleefully horning in on the torture show viewing [which Bikowsky did in regards to KSM]. An attitude that speaks volumes as to Continue reading


Clue: It Was the Drugs in the Solitary Confinement

Charlie Savage confirms what Jason Leopold had suggested earlier: Adnan Latif died from too much psychiatric drugs.

A Yemeni detainee who was found dead in September at the military prison at Guantánamo Bay, Cuba, died from an overdose of psychiatric medication, according to several people briefed on a Naval Criminal Investigative Service inquiry.

But while a military medical examiner labeled the man’s death a suicide, how the prisoner obtained excess drugs remains under investigation, according to American and Yemeni officials.

Savage’s sources suggest that Latif was stockpiling the drugs himself, perhaps in a bodily orifice.

One official, however, discounted [David Remes'] theories, saying investigators were working from the premise that Mr. Latif pretended to swallow his drugs for a period and hid the growing stash on his body. Prison monitoring policies — including how closely guards inspect detainees’ mouths after giving any medication and search their private areas — are now facing review.

Though of course, that would have required Latif to have brought them with him from the hospital ward to the solitary confinement ward, which would mean he managed to get the drugs by both the administration period but also the admission into solitary.

Savage also doesn’t mention a few details from Leopold’s earlier article. Shaker Aamer told David Remes that Latif had been told he’d be injected with a drug detainees say turns them into zombies for a month.

Aamer contends Latif was told on September 6, two days before his death, he would be given an “ESP injection,” that other prisoners claim “makes you a zombie” and “has a one-month afterlife,” according to unclassified notes of the meeting between Remes and Aamer.

More interesting still–given the points I raised above about how Latif would have managed to get drugs into solitary with him–is this detail.

Another prisoner said a female psychologist accompanied Latif from the hospital to Camp 5, where one prisoner told Remes the minimum stay is three months, “regardless of the magnitude of the offense.”

The female psychologist said she would communicate Latif’s concerns about being housed in Camp 5 to “higher-ups.”

Mind you, this psychologist at least sounds sympathetic. Moreover, this detail would seem to be unknowable to other detainees–how would they know what she had told Latif?–unless the psychologist had spoken to other detainees.

Finally, there’s this: Savage’s sources (as were some of Leopold’s) are citing the NCIS investigation, not the autopsy. But that’s not supposed to be done for nine months. Now perhaps NCIS doesn’t expect to have an explanation for how Latif got or stashed the drugs for another 7 months at least. Or perhaps the NCIS investigation will take that long only to make sure Latif’s remains will be good and decomposed by the time it’s done.

But as we discuss the minutia of how a detainee managed to overdose in closely guarded solitary, remember this: He was almost certainly innocent, and he surely should not have remained in Gitmo after habeas review.  Because of that legal injustice, we’re left playing clue about how a disturbed man died in America’s prison camp.


The Evidence Explaining Latif’s Death? “Now Badly Decomposed”

On October 4, I asked with disgust whether the government planned to hold Adnan Latif’s body until after the election.

Latif died on September 8–26 days ago, or 44% the period until the election. if the sole explanation for the delay is that the US is unwilling to turn over an explanation of how Latif died, it makes it far more likely that Latif died of something other than suicide.

So are they going to hold Latif on ice until the election? Is that the idea?

On October 18, when Jason Leopold explained the delay in revealing the cause of Latif’s death, I suggested any delay in repatriating Latif’s would prevent an independent assessment of why he died.

Meanwhile, no one can perform independent analysis on Latif’s body, because the government has stashed it at Ramstein Air Base in Germany. The US and Yemeni governments continue the same story shared with ProPublica: the Yemenis won’t accept the body until they get a report on why he died, the US hasn’t provided that, so the body decays in US custody.

[snip]

Tick tock.

Tick tock.

Latif died 40 days ago. Just 19 days remain before the election. Between them, the US and Yemeni governments have forestalled the time when the US has to admit a man–the sole evidence against whom was a flawed intelligence report written while Pakistanis were trying to convince us to pay a bounty for Latif–died of unnatural causes in their custody.

And when, 3 days after Obama’s reelection and 62 days after Latif’s death the government finished (but did not release) the autopsy results, I repeated my suspicion that the delay was designed to obscure the real cause of death.

This is all so predictable it really raises questions about what kind of unnatural causes killed Latif.

What caused a death at Gitmo that was scandalous enough it had to be buried until after the election?

With utterly predictable timing, Leopold reports the government has told Yemen–but not the American people, officially–how Latif died.

Suicide, they say, in seeming contradiction to early reports that said there were no signs of self-harm.

But here is the even more predictable kicker. No one can check their claims, because Latif’s body has been decomposing during the entire 79 day delay since he died.

Latif’s body has been held for nearly three months at Ramstein Air Base in Germany. US officials have said Latif’s remains have been handled according to Muslim precepts, which precluded taking steps to preserve his body and organs, now badly decomposed. Therefore, his family will not be able to seek an independent autopsy.

“This will be very tough for [Latif's] family,” the Yemeni government official said about the condition of Latif’s remains. [my emphasis]

To prevent any accounting for the death of a probably innocent man imprisoned for over 10 years, the most advanced government on earth has just let that man’s body rot.

And rot.

And rot.

For over one fifth of a year.

Until no one could prove or disprove that the US government’s own treatment (or prior head wounds the government insisted, in an effort to continue to detain him in spite of a dearth of real evidence against him, were never that serious) killed this man.

Rotten. Rotten. Rotten.


The February 17 Brigade Liberates the Prisoners

I’ve got a half-done post backstage talking about the conflicting evidence regarding the February 17 Brigade’s behavior the night of the Benghazi attack. Suffice it to say that, while they had been reliable in the past, and while CIA and State timelines differ about what kind of help they provided the night of the attack, there’s a lot of evidence to suggest they had allowed the attack, if not participated themselves.

Thus, it seems another “friendly” force potentially trained by David Petraeus’ people turned on the Americans.

But as Josh Gerstein notes, in an update to his post on Paula Broadwell’s apparently classified comments on October 26, Fox actually tied the February 17 Brigade to the prisoners at the annex.

Later in her remarks, Broadwell, said some of her information had come from a Fox News report. Fox said Monday that it’s “original” Oct. 26 report did mention three Libyan militia members being turned over by the CIA to Libyan authorities. That detail does not appear in the version of the story now posted online, but Fox reporter Jennifer Griffin did include it in at least one report.

“We’re also told, those at the CIA annex took into custody three Libyan attackers and were forced to hand them over to the Libyan February 17th forces that came to help at the annex approximately 4:00 in the morning. They handed these three Libyans over. It is not clear from U.S. officials what happened to the libyans and whether those Libyan attackers were in fact released in in the end by the Libyans,” Griffin reported.

Now, this syntax seems to suggest the prisoners were not–as Fox is now reporting–more general detainees, but people tied to the attack taken prisoner. Here’s what Fox currently says.

In the original Oct. 26 Fox News report, sources at the annex said that the CIA’s Global Response Staff had handed over three Libyan militia members to the Libyan authorities who came to rescue the 30 Americans in the early hours of Sept. 12.

Continue reading


As Predicted, Government “Finishes” Latif Autopsy after Election

Thirty-five days ago, I predicted the government would hold Adnan Latif’s body on ice until after the election.

So are they going to hold Latif on ice until the election? Is that the idea?

Not long after, Jason Leopold revealed they did, indeed, have Latif on ice–at Ramstein Air Base–purportedly because the Yemeni government refused to accept the rotting corpse until they also got an autopsy report. I noted,

Tick tock.

Tick tock.

Latif died 40 days ago. Just 19 days remain before the election. Between them, the US and Yemeni governments have forestalled the time when the US has to admit a man–the sole evidence against whom was a flawed intelligence report written while Pakistanis were trying to convince us to pay a bounty for Latif–died of unnatural causes in their custody.

Surprise surprise! Leopold reports today that the government has now finished the autopsy and may turn it over to Yemen today (after which presumably they will finally accept Latif’s body, too).

The US government plans to turn over a long-awaited and recently-completed autopsy report to Yemeni Embassy officials in Washington, DC as early as today, but no one will say when or if the results will be made public.

An official at the Yemen Embassy, who declined to be named, said the embassy will not comment on the autopsy report’s conclusions or whether it determined how Latif died. Instead, the report will immediately be forwarded to government officials in Yemen’s capital, Sana’a. Someone there will decide “what the next step” will be, the embassy official said.

Not surprisingly, the delay pisses off Latif’s family.

Latif’s brother, Muhammed, said his family is distraught because they have been unable to properly mourn his older sibling and they are desperate to learn about the details of his death.

He questioned whether the delay was due to the presidential election.

“When will America apply the principles it claims to uphold?” Muhammed asked. “When will the American people demand the US government uphold the law? America is playing politics with a dead person. America doesn’t care about our rights, my brother’s rights or human rights. Yet, America claims they are favoring human rights all over the world. It’s hypocrisy.”

This is all so predictable it really raises questions about what kind of unnatural causes killed Latif.

What caused a death at Gitmo that was scandalous enough it had to be buried until after the election?