Bradley Manning

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Bradley Manning’s Sentence, Parole and Appeal Implications

CryingJusticeOn Monday I laid out the dynamics that would be in play for the court in considering what sentence to give Bradley Manning in light of both the trial evidence and testimony, and that presented during the sentencing phase after the guilty verdict was rendered. Judge Lind has entered her decision, and Bradley Manning has been sentenced to a term of 35 years, had his rank reduced to E-1, had all pay & allowances forfeited, and been ordered dishonorably discharged. This post will describe the parole, appeal and incarceration implications of the sentence just imposed.

Initially, as previously stated, Pvt. Manning was credited with the 112 days of compensatory time awarded due to the finding that he was subjected to inappropriate pre-trial detention conditions while at Quantico. Pvt. Manning was credited with a total 1294 days of pre-trial incarceration credit for the compensatory time and time he has already served since the date of his arrest.

Most importantly at this point, Manning was sentenced today to a prison term of 35 years and the issue of what that sentence means – above and beyond the credit he was given both for compensatory time and time served – is what is critical going forward. The following is a look at the process, step by step, Bradley Manning will face.

The first thing that will happen now that Judge Lind has gaveled her proceedings to a close is the court will start assembling the record, in terms of complete transcript, exhibits and full docket, for transmission to the convening authority for review. It is not an understatement to say that this a huge task, as the Manning record may well be the largest ever produced in a military court martial. It will be a massive undertaking and transmission.

At the same time, the defense will start preparing their path forward in terms of issues they wish to argue. It is my understanding that Pvt. Manning has determined to continue with David Coombs as lead counsel for review and appeal, which makes sense as Coombs is fully up to speed and, at least in my opinion, has done a fantastic job. For both skill and continuity, this is a smart move.

The next step will be designation of issues to raise for review by the “convening authority”. In this case, the convening authority is Major General Jeffrey Buchanan, who heads, as Commanding General, the US Army’s Military District of Washington. This step is quite different than civilian courts, where a defendant proceeds directly to an appellate court.

The accused first has the opportunity to submit matters to the convening authority before the convening authority takes action – it’s not characterized as an “appeal,” but it’s an accused’s first opportunity to seek relief on the findings and/or the sentence. According to the Manual for Courts-Martial, Rule for Court-Martial 1105:

(a) In general. After a sentence is adjudged in any court-martial, the accused may submit matters to the convening authority in accordance with this rule.

(b) Matters which may be submitted.
(1) The accused may submit to the convening au­ thority any matters that may reasonably tend to af­ fect the convening authority’s decision whether to disapprove any findings of guilty or to approve the sentence. The convening authority is only required to consider written submissions.
(2) Submissions are not subject to the Military Rules of Evidence and may include:
(A) Allegations of errors affecting the legality of the findings or sentence;
(B) Portions or summaries of the record and copies of documentary evidence offered or intro­ duced at trial;
(C) Matters in mitigation which were not avail­ able for consideration at the court-martial; and
(D) Clemency recommendations by any mem­ber, the military judge, or any other person. The defense may ask any person for such a recommendation.

Once the convening authority has the full record and the defense has designated its matters for review, Buchanan will perform his review and determine whether any adjustments to the sentence are appropriate, and that will be considered the final sentence. At this point, the only further review is by a traditional appeal process.

Generally, the level of appellate review a case receives depends on the sentence as approved by the Continue reading

Both These Things Cannot Be True

Last Friday, NSA’s Compliance Director John DeLong assured journalists the violations NSA reported in 2012 were “miniscule.” (I noted that the report showed some of the most sensitive violations primarily get found through audits and therefore their discovery depend in part on how many people are auditing.)

Today, as part of a story describing that NSA still doesn’t know what Edward Snowden took from NSA, MSNBC quotes a source saying NSA has stinky audit capabilities.

Another said that the NSA has a poor audit capability, which is frustrating efforts to complete a damage assessment.

(We’ve long known this about NSA’s financial auditing function, and there have long been signs they couldn’t audit data either, but apparently MSNBC’s source agree.)

For the past several months, various Intelligence officials have assured Congress and the public that it keeps US person data very carefully guarded, so only authorized people can access it.

Today, MSNBC reports NSA had (has?) poor data compartmentalization.

NSA had poor data compartmentalization, said the sources, allowing Snowden, who was a system administrator, to roam freely across wide areas.

Again, there have long been signs that non-analysts had untracked access to very sensitive data. Multiple sources agree — and possibly not just non-analysts.

While I’m really sympathetic for the people who are reportedly “overwhelmed” trying to figure out what Snowden took, we’re seeing precisely the same thing we saw with Bradley Manning: that it takes a giant black eye for intelligence agencies to even admit to gaping holes in their security and oversight.

And in NSA’s case, it proves most of their reassurances to be false.

The Bradley Manning Sentencing Dynamics

U.S. Army Private First Class Bradley Manning stands convicted of crimes under the Uniform Code of Military Justice (UCMJ). The convictions result from two events. The first was a voluntary plea of guilty by Pvt. Manning to ten lesser included charges in February, and the remainder from a verdict of guilty after trial entered by Judge Denise Lind on July 30.

The maximum possible combined sentence originally stood at 136 years for the guilty counts, but that was reduced to a maximum possible sentence of 90 years after the court entered findings of merger for several of the offenses on August 6. The “merger” resulted from the partial granting of a motion by Mr. Manning’s attorney arguing some of the offenses were effectively the same conduct and were therefore multiplicitous. The original verdict status, as well as the revised verdict status after the partial merger of offenses by the court, is contained in a very useful spreadsheet created by Alexa O’Brien (whose tireless coverage of the Manning trial has been nothing short of incredible).

Since the verdict and merger ruling, there have been two weeks of sentencing witnesses, testimony and evidence presented by both the government and defense to the court. It is not the purpose of this post to detail the testimony and evidence per se, but rather the mechanics of the sentencing process and how it will likely be carried out. For detailed coverage of the testimony and evidence, in addition to Alexa O’Brien, the reportage of Kevin Gosztola at FDL Dissenter, Julie Tate at Washington Post, Charlie Savage at New York Times and Nathan Fuller at the Bradley Manning Support Network has been outstanding.

All that is left are closing arguments and deliberation by Judge Lind on the final sentence she will hand down. So, what exactly does that portend for Bradley Manning, and how will it play out? Only Judge Lind can say what the actual sentence will be, but there is much guidance and procedural framework that is known and codified in rules, practice and procedure under the UCMJ.

Initially, the obvious should be stated, Bradley Manning is in front of an Army court martial process under the UCMJ, and while there is Continue reading

Michael Hayden, after Escaping Justice, Calls for Other Criminals to Be Made Examples

In an article on the Bradley Manning and Edward Snowden leaks, Washington Times quotes former NSA and CIA Director Michael Hayden this way: (h/t Matthew Aid)

It is “really important that the government respond well to this particular abuse,” he said of the Snowden and Manning cases.

[snip]

Mr. Hayden said he does not endorse some forms of exemplary punishment, “what the French call ‘for the encouragement of others.’”

But if hackers “have this attachment to transparency, perhaps the intelligence community is not where they should be,” he said, adding that the government needs to use the Snowden case to show that it is “serious.”

The former director of both the NSA and CIA said it is “very appropriate” for the U.S. government to pursue Mr. Snowden relentlessly and make his fate an issue in its bilateral relations with any nation that harbors him.

“We need to recruit from this culture,” he said. “Members of this culture, when they embrace government service with its necessary requirements of secrecy, need to be shown the government is quite serious about those necessary requirements.”

To WT’s credit, they do acknowledge that Hayden currently works for the Chertoff Group, one of the most corrupt profiteers off the war on terror.

But it doesn’t mention that Hayden’s the guy who decided it’d be a good idea to outsource NSA’s IT to companies like Booz Allen Hamilton so as to get more people “from this culture” working on NSA’s programs in the first place.

More importantly, it doesn’t mention that the 2009 Draft NSA IG Report that Snowden leaked provided new details about how Hayden made the final decision to continue the illegal wiretapping program even after DOJ’s top lawyers judged it illegal in 2004.

Edward Snowden leaked new details of Michael Hayden’s crime. He leaked new details of how Hayden betrayed the public trust in probably more serious fashion than Edward Snowden has.

And yet somehow Michael Hayden continues to be the primary go-to guy to talk about how serious this leak is? Michael Hayden gets to opine about how Edward Snowden should be made an example of?

Now, perhaps applying Hayden’s own logic would have been valuable years ago. Perhaps if Hayden had been made an example of himself, after he betrayed the public trust and broke the law, we not only would have more trust in the NSA, but we have a better understanding of what NSA did then and is doing now.

But since we didn’t, Michael Hayden remains one primary exhibit about why Snowden’s leaks, however illegal, have a certain legitimacy.

Because so long as Michael Hayden runs free, we know the government refuses to police itself on these issues.

It’s all very rich for one criminal to call for another criminal to be made an example of. But the responsible press should at least point out how ironic it is that the criminal who escaped justice insists those who have exposed new details of his own crime get the full brunt of it.

Manning Faces Up to 136 Years in Prison for Alerting You to What Your Government Does in Your Name

Bradley Manning is innocent, according to Judge Colonel Denise Lind, of aiding the enemy.

With this verdict, truly horrible consequences for freedom of speech are averted.

Nevertheless, according to the invaluable Alexa O’Brien, Manning still faces a maximum 136 years for the 20 (out of 22) charges on which he was found guilty. [corrected total number of charges/guilty verdicts]

When Manning plead guilty in February to 10 lesser charges (Lind accepted 2 of those pleas), he said he hoped his leaks “could spark a domestic debate on the role of the military and our foreign policy in general as it related to Iraq and Afghanistan.” For that, the government accused him of being a traitor.

Lind agreed with the government on almost every other issue but that one. And for his efforts, Manning may well spend the rest of his life in prison.

Update: Here’s my longer take at Salon. Note this bit:

There is one more significant detail in Lind’s ruling today. In addition to aiding the enemy, the one other charge she found Manning innocent of involved leaking a video of a civilian massacre in Garani, Afghanstan. While Manning admitted accessing the video, the government insisted he had leaked it months before Manning admitted to accessing the video (and before forensic evidence showed he had). This claim — one Lind said they did not prove — was key to their claims that Manning had planned to leak to WikiLeaks from the start of his deployment to Iraq.

On the Growing Fight Against America’s Secret Enemies

Cora Currier describes the absurd response she got when she asked for a list of our enemies.

At a hearing in May, Sen. Carl Levin, D-Mich., asked the Defense Department to provide him with a current list of Al Qaeda affiliates.

The Pentagon responded – but Levin’s office told ProPublica they aren’t allowed to share it. Kathleen Long, a spokeswoman for Levin, would say only that the department’s “answer included the information requested.”

A Pentagon spokesman told ProPublica that revealing such a list could cause “serious damage to national security.”

“Because elements that might be considered ‘associated forces’ can build credibility by being listed as such by the United States, we have classified the list,” said the spokesman, Lt. Col. Jim Gregory. “We cannot afford to inflate these organizations that rely on violent extremist ideology to strengthen their ranks.”

Thing is, this is not entirely new. At least until February, the government had been refusing to give Ron Wyden a list of every country in which we’ve used lethal force. And he’s on the Intelligence Committee!

Indeed, Currier suggests one reason this might be classified would be if Obama was fighting these enemies under Inherent Authority.

The AUMF isn’t the only thing the government relies on to take military action. In speeches and interviews Obama administration officials also bring up the president’s constitutional power to defend the country, even without congressional authorization.

But, as Jack Goldsmith notes, something else seems to be going on here, because the response Currier got suggests the list is classified Secret, not whatever Top Secret compartment the government maintained for a year Wyden couldn’t access.

The language of the DOD release suggests that at least a few more groups (or elements of groups), and maybe many more groups (or elements), are on the AUMF “list.”  The existence of a “list” (which was unclear in the May 2013 AUMF hearing), and the fact that there may be at least a few groups (or elements of groups) on it, is itself news in the AUMF-watcher world.  It is also consistent with suggestions and implications in reports, such as in Mark Mazzetti’s book, that the AUMF is being invoked in various ways by DOD Special Operations Forces for non-covert military activities in many countries around the globe.

Third, it is entirely unclear why the USG can acknowledge some groups without unduly “inflating” them, and not others.  And this in turn makes me skeptical of the notion of “inflation.”  To be sure, some groups that are AUMF-able (such as, perhaps, the Haqqani network, a known but not acknowledged U.S. target) perhaps cannot be named because the operations are covert actions and involve deals of non-acknowledgment with foreign governments (or elements of foreign governments).  But that cannot be a comprehensive explanation for DOD’s secrecy.  By stating that disclosure of groups on the list would “reasonably be expected to cause serious damage to the national security,” DOD has tipped off that the list is classified only at the secret (as opposed to top secret) level.  (See Section 1.2 of E.O. 13,256.)  Covert actions are typically classified at the top secret level.  This implies (but does not prove) that some if not all of the AUMF-groups in question are not subjects of covert actions.

But remember: There are two other instances where the government has refused to clarify who is, and is not, an enemy.

When a bunch of people who have talked to, but not assisted, terrorists sued to stop the NSAA’s provisions allowing indefinite detention, the government refused (until it became convenient) to say whether they could be detained or not.

Then, as part of the Bradley Manning charges, the government kept one of the enemies it was going to prove he had aided classified (but ultimately didn’t argue he had aided that enemy in court).

Prosecutors accuse him of “aiding the enemy,” and three in particular: al-Qaida, al-Qaida in the Arabian Peninsula and a “classified enemy” referred to by a Bates number, which is a form of legal document identification.
Three professors of military law – Yale Law School’s Eugene Fidell, Duke University School of Law’s Scott Silliman and Texas Tech University School of Law’s Richard Rosen – told Courthouse News they had never heard of a case involving a “classified enemy.”
After being informed that the phrase stumped the professors, a military spokeswoman insisted that the confusion stemmed from a misunderstanding, because “who the enemy ‘is’ is not classified.”
“What ‘is’ classified is that our government has confirmed that this enemy is in receipt of certain compromised classified information, and that the means and methods of collection that the government has employed to make that determination are classified,” the spokeswoman said in an email.

One thing about all these instances — refusing to share a list of lethal force targeted countries with Ron Wyden, sharing a classified list with Carl Levin only on request, refusing to tell Americans (and one member of parliament from Iceland) whether they are counted as enemies, and refusing to tell Manning which enemy he supposed aided — is that they provide the executive maximum flexibility. That may not be the only thing this extreme secrecy about enemies does. But it is one thing it does do, along with hiding how broad the unilaterally declared war under Inherent Authority is.

It sure does make things confusing, though!

Eric Holder: Well, Maybe Just a Little Forced Nudity and Solitary Confinement…

Eric Holder has written a letter to Russian Minister of Justice Alexander Valdimirovich Konovalov. In it, he claims to address the issues Edward Snowden raised in his application for asylum to Russia (I’m not sure he accurately represents the claim — in other asylum applications Snowden made a clear case he was charged with a political crime, which Holder doesn’t mention at all).

The letter assures Konovalov that the charges currently charged don’t carry the death penalty and the government wouldn’t seek the death penalty if he were charged with such crimes.

But it also offers this guarantee that Snowden won’t be tortured:

Second, Mr. Snowden will not be tortured. Torture is unlawful in the United States.

That’s it! The guy whose DOJ reviewed but chose not to charge a bunch of CIA torturers (and those who obstructed investigations into that torture) says torture is illegal here and therefore Snowden wouldn’t be tortured.

Assuming, of course, you believe the forced nudity and solitary confinement Bradley Manning was illegally (per the judge in his case) subjected to doesn’t amount to torture. I’m sure Vladimir Putin would agree, but much of the civilized world does not.

In other curious assurances, Holder promises that Snowden would have the right to counsel.

Any questioning of Mr. Snowden could be conducted only with his consent: his participation would be entirely voluntary, and his legal counsel would be present should he wish it.

I guess Holder ought to tell Dzhokhar Tsarnaev about this return to the good old days, because he asked for a lawyer several times under questioning before he got one.

These assurances are all very nice. But more and more, such assurances are easily disproven by our recent history. Again, I don’t think Vlad Putin gives a great shit about all that. But ultimately this increasingly shoddy recent history will hurt such claims in the international realm.

Of Course the NSA Can’t Search Its Own Emails…

Justin Elliott reports that when he tried to FOIA emails between National Geographic and the NSA, the world’s premier digital spying agency said they couldn’t search their own emails.

“There’s no central method to search an email at this time with the way our records are set up, unfortunately,” NSA Freedom of Information Act officer Cindy Blacker told me last week.

The system is “a little antiquated and archaic,” she added.

I filed a request last week for emails between NSA employees and employees of the National Geographic Channel over a specific time period. The TV station had aired a friendly documentary on the NSA and I want to better understand the agency’s public-relations efforts.

A few days after filing the request, Blacker called, asking me to narrow my request since the FOIA office can search emails only “person by person,” rather than in bulk. The NSA has more than 30,000 employees.

This shouldn’t surprise him though. Fort Meade apparently can’t keep a close-circuit video stream running either, if the stream to the media room at the Bradley Manning trial was any indication.

I think Elliott went about this all wrong, though.

These are, after all, US Person emails. And the NSA doesn’t get US Person emails directly. Rather, they “target” the email of someone overseas, and get all the US Person emails “incidentally.”

All Elliott has to do is FOIA emails involved with the documentary in question overseas and declare he needed the NSA side of it to understand the foreign intelligence he had gathered.

And if that doesn’t work, Elliott should just ask GCHQ for the emails, as that seems to be the other cute workaround.

Negative Manning Decision and the Future of Investigative Journalism

imagesLittle more than few hours ago, a critical ruling was handed down by Judge Denise Lind in the Bradley Manning UCMJ prosecution ongoing at Fort Meade. The decision was on based on this motion by the defense seeking dismissal of the “Aiding the Enemy” charge, among others in the prosecution.

To make a long, even if sadly predictable, story short, the motion was denied by Judge Lind and the charge will proceed to determination on the merits. This is, to be sure, a nod to the prosecution (which is actually the standard in such motions for directed verdicts during trials; that is the facts are taken in the light most favorable to the non-moving party, the government). It is also, obviously, a blow to the defense, although undoubtedly an expected one for defense attorney David Coombs. There is a very outside chance of a silver lining I will discuss below.

Julie Tate at the Washington Post sets the table:

The motion to dismiss the charge was filed July 4 by Manning’s civilian defense attorney. He argued that the government had failed to show that Manning “had ‘actual knowledge’ that by giving information to WikiLeaks, he was giving information to an enemy of the United States.” He said the government did introduce evidence “which might establish that PFC Manning ‘inadvertently, accidentally, or negligently’ gave intelligence to the enemy,” but that this was not enough to prove the most serious charge against him, known as an Article 104 offense.

On two separate occasions, Lind, an Army colonel, had questioned military prosecutors about whether they would be pursuing the charge if the information had been leaked directly to The Washington Post or the New York Times. Each time, the prosecution said it would. That troubles advocates for whistleblowers, who fear that the leaking of national defense information that appears online, as it inevitably does, can be construed as assisting the enemy.

If convicted of aiding the enemy, Manning, an intelligence analyst who served in Iraq, could face life in prison.

That describes the motion and the stakes as to Manning. Julie’s article also gives more particulars on the denial this morning, and is worth a read. For a tick tock, please see the continuously good coverage by Kevin Gosztola of Firedoglake.

But as enormous as the stakes are for Bradley Manning, the enterprise of investigative journalism is also on trial, even if in an indirect manner.

Yet another journalist who has tirelessly, and superbly, covered the Manning prosecution, Alexis O’Brien, has written at the Daily Beast, the stakes for investigative journalism are also life and/or death in the face of the security/surveillance state. Citing the in court, and on the trial record, compelling testimony of Professor Yochai Benkler of Harvard Law School, Alexis related:

In a historic elocution in court last week, Prof. Yochai Benkler, co-director of the Berkman Center for Internet and Society at Harvard Law School, told Lind that “the cost of finding Pfc. Manning guilty of aiding the enemy would impose” too great a burden on the “willingness of people of good conscience but not infinite courage to come forward,” and “would severely undermine the way in which leak-based investigative journalism has worked in the tradition of [the] free press in the United States.”

“[I]f handing materials over to an organization that can be read by anyone with an internet connection, means that you are handing [it] over to the enemy—that essentially means that any leak to a media organization that can be read by any enemy anywhere in the world, becomes automatically aiding the enemy,” said Benkler. “[T]hat can’t possibly be the claim,” he added.

Benkler testified that WikiLeaks was a new mode of digital journalism that fit into a distributed model of emergent newsgathering and dissemination in the Internet age, what he termed the “networked Fourth Estate.” When asked by the prosecution if “mass document leaking is somewhat inconsistent with journalism,” Benkler responded that analysis of large data sets like the Iraq War Logs provides insight not found in one or two documents containing a “smoking gun.” The Iraq War Logs, he said, provided an alternative, independent count of casualties “based on formal documents that allowed for an analysis that was uncorrelated with the analysis that already came with an understanding of its political consequences.”

Those really are the stakes in the, now, not all that new age of digital journalism. When the prosecutors in the Manning trial, upon direct questioning by Judge Lind as to whether they would still prosecute Manning if his leaks had been delivered straight to the New York Times or Washington Post, it had to be a wake up call for traditional media. Or so you would think. But, really, the outrage has been far greater over the James Rosen/Fox subpoena that could, and arguably should, be considered relative peanuts.

But, Yochai Benkler is right as to the import of the consideration as to Wikileaks in the Manning case.

In closing, the one slim and thin ray of limited hope from today’s ruling by Denise Lind: If I were Lind and cared at all about the ultimate verdict on Pvt. Bradley Manning, I too would have made this ruling. Why, you ask? Well, because a dismissal on the motion would have been the equivalent of a directed verdict on the law and would be far easier to overturn on appeal than a decision on the merits that the government has not met its burden of proof. Is this possible; sure, it certainly is. Is this likely; no, I would not make any substantial bets on it.

Why Has John Bogdan Not Yet Been Relieved of Command at Guantanamo?

Bogdan was clearly put out by having to host Special Envoy Clifford Sloan, the new leader of the U.S. State Department's Office of Guantanamo Closure when he visited on July 2. I'm guessing he's upset at the whole idea of closing Gitmo.

Bogdan was clearly put out by having to host Special Envoy Clifford Sloan, the new leader of the U.S. State Department’s Office of Guantanamo Closure, when he visited on July 2. I’m guessing he’s upset at the whole idea of closing Gitmo. (Defense Department photo)

It has been clear for some time that the current hunger strike crisis at Guantanamo can be laid squarely at the feet of John Bogdan, who heads the Joint Task Force Guantanamo Detention Group. In other words, he is the head of the guard force. As I noted in this post, Shaker Aamer’s attorney, in a statement to Andy Worthington, clearly blamed Bogdan for the actions that precipitated the hunger strike.

Yesterday, Judge Royce Lamberth dealt a severe setback to Bogdan, striking down one of his most needlessly abusive practices. From Charlie Savage at the New York Times:

A federal judge on Thursday ordered the military to stop touching the groins of detainees at the prison at Guantánamo Bay, Cuba, when they are moved from their cells to speak with lawyers. The procedure had led some prisoners to stop meeting with or calling their lawyers.

In a 35-page opinion, Judge Royce C. Lamberth, the chief judge of the Federal District Court for the District of Columbia, called the searches — which included guards wedging their hands between the genitals and thighs of the detainees as many as four times when moving them to a meeting and back to their cells — “religiously and culturally abhorrent” to Muslims. He portrayed the procedure as unnecessary and intended to “actively discourage” meetings with lawyers.

He said the warden, Col. John Bogdan, must return to a longtime procedure in which guards shake the underwear of detainees by the band to dislodge any contraband, but do not to touch their buttocks or genitals.

Savage goes on:

He also directed the military to allow detainees who are weak from hunger strikes to meet with their lawyers in the same buildings in which they are housed, and to stop using new transport vans that have low roofs that detainees had said required them to be painfully crouched while shackled.

Julie Tate at the Washington Post has more:

Lawyers for detainees had argued that the motivation for the search procedure was not to enhance security but to isolate detainees from their attorneys in an effort to crush a growing hunger strike at the base. The hunger strike began in February as a reaction to guards searching detainees’ Korans. More than two-thirds of the 166 detainees at Guantanamo are participating in the protest, with more than 40 being force-fed.

Lamberth said the military’s action had to be judged in light of previous actions that limited the ability of attorneys to meet with their clients.

“As petitioners’ counsel correctly noted during this Court’s hearing, ‘[t]he government is a recidivist when it comes to denying counsel access,’ ” Lamberth wrote.

Recall that when public pressure finally got high enough over the abusive treatment of Bradley Manning at the Quantico Brig (where he was forced to stand naked) the government replaced the Brig Commander and then transferred Manning from Quantico to Leavenworth, where his treatment dramatically improved.

In the case of Guantanamo, many of the hunger-striking prisoners Bogdan is abusing (see this post from Marcy for more abusive practices) are already cleared for release, so the government should move quickly to release them to get them away from further abuse. However, considering Bogdan’s shaky background (I have mused that he may well have trained death squads in Iraq) and the public attention generated by the ICRC showing up at Guanantamo ahead of its scheduled date due to widespread knowledge of the latest round of abusive practices, it is clear that one of the most affirmative actions the US could take toward diffusing the situation would be to relieve Bogdan of command immediately.

Do Barack Obama and Chuck Hagel have the courage to the right thing and send Bogdan packing? I’m not holding my breath.

Update July 14: I am very embarrassed to have missed this important development Jason Leopold reported on May 23:

Military attorneys representing former CIA captives detained in a top secret camp at Guantanamo have called on Secretary of Defense Chuck Hagel to examine whether the head of the prison’s guard force is fit for command.

Col. John Bogdan, the commander of Guantanamo’s Joint Detention Group, has been singled out by the defense lawyers for revamping dormant policies, such as inspections of Qurans and genital patdowns, that gave rise to a hunger strike, now entering its fourth month.

“Although we represent so-called ‘high value detainees, many of our concerns relate to the treatment of all prisoners, to include men whose internment appears to be indefinite” states a 13-page letter and signed by nineteen attorneys, including several who represent self-professed 9/11 mastermind Khalid Sheikh Mohammed and Abd al Rahim al Nashiri, the alleged architect behind the USS Cole bombing, sent to Hagel on Monday. “There has been a serious degradation in the quality of life for detainees in Guantanamo Bay over the past year. This change appears to have coincided with the arrival of the new Joint Detention Group Commander, Col. John V. Bogdan.”

The letter was also reported on by MSNBC, where their article also cited a Seton Hall study and made the suggestion that Bogdan has perjured himself.

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Emptywheel Twitterverse
bmaz The NCAA quietly proposed a major structural reform yesterday. It's still horrid and here's why: http://t.co/kRKTgn5FDF
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bmaz Did Northwestern Unionizing Just Cause Real NCAA Reform? No, Not At All http://t.co/kRKTgn5FDF
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bmaz RT @SpyTalker: More on "Murder in Juarez" http://t.co/DNdOQl1ei2
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bmaz @MonaHol This is true!
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bmaz @yeselson Me too. Also shove on the hip during the shot.
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bmaz Tough blocking call in that situation, looks like a bad call.
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bmaz @ericisbeautiful Yes. And for all his reputation, it's about time he came thru in playoff clutch situation.
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bmaz .@misterdevans No question. And Cliven Bundy is a pernicious and racist dolt at that. But he didn't murder 30 young girls like Ted Bundy.
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bmaz RT @Olivianuzzi: Kelly Bundy > Ted Bundy > Cliven Bundy http://t.co/nuxmNUhT8p @thedailybeast
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bmaz Listen, Cliven Bundy is a horrible human being, granted; but if you are cute tweeting that he's worse than Ted Bundy, just get out.
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bmaz @BradMossEsq I have seen approximately none in the jurisdictions I practice in.
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