Henry Kennedy David Tatel

Confirmed: The Government Is Blowing Up Habeas with an Interrogation Report Involving Pakistan

In addition to declassifying the analogies to the Wizard of Oz Janice Rogers Brown made in her opinion on Adnan Farhan Abd Al Latif’s habeas petition, the government also declassified passages from the Latif cert petition.

Newly declassified passages make it clear the report in question is TD-314/00684-02

Among the passages newly declassified is this paragraph from the document at the heart of the Latif case.

History: Subject met Ibrahim Al-((‘Alawi)) from Ibb during 2000. ‘Alawai talked about jihad and Afghanistan and convinced subject that he should travel to Afghanistan. Subject did not know if ‘Alawi had actually participated in any jihad activity himself. Subject departed home in early August 2001, travelled by car to San’a, then by airplane to Karachi. He took a taxi to Quetta, then crossed into Qandahar where he went to the grand mosque, where he met ‘Alawi. He went to ‘Alawi’s house, where he remained for three days. ‘Alawi owned a taxi in Qandahar, and had his family with· him. ‘Alawi took him to the Taliban, who gave him weapons training and put him on the front line facing the Northern Alliance north of Kabul. He remained there, under the command of Afghan leader ((Abu Fazl)), until Taliban troops retreated and Kabul fell. Subject claimed he saw a lot of people killed during the bombings, but never fired a shot. He went to Jalalabad, then crossed into Pakistan with fleeing Arabs, guided by an Afghan named Taqi ((AIlah)). While he was with the Taliban, he encountered ((Abu Hudayfa)) the Kuwaiti, ((Abu Hafs)) the Saudi, and ((Abu Bakr)) from the United Arab Emirates (UAE) or Bahrain.

By comparing that paragraph with the parts of Latif’s Gitmo file sourced to TD-314/00684-02, we can be virtually certain that the document at issue is, in fact, TD-314/00684-02. (Each sentence below is followed by the page on which it appears in Latif’s Gitmo file.)

Detainee admitted Ibrahim Aliwee convinced detainee to travel to Afghanistan for jihad and admitted staying at Abu Khulud’s residence for a short period in Kandahar. (5) Detainee admitted receiving weapons training from the Taliban and then fighting in support of the Taliban on the front lines. Detainee remained there until the Taliban retreated and Kabul fell to the Northern Alliance. (6)

Detainee admitted after training he was sent to the front lines north of Kabul. Detainee remained there until the Taliban retreated and Kabul fell to the Northern Alliance. (6-7) Detainee claimed he saw a lot of people killed during the bombings, but never fired a shot. (3) Detainee then traveled to Jalalabad, AF, and crossed into Pakistan with fleeing Arabs, guided by Taqi Allah. (3) While detainee was with the Taliban, he encountered Abu Hudayfa the Kuwaiti; Abu Hafs the Saudi, and Abu Bakr from the United Arab Emirates or Bahrain. (3)

The last two sentences, in particular, make the match particularly clear, given that those details were newly added to Latif’s Gitmo file from TD-314/00684-02 in 2008. Also note, the only major claim in the paragraph above not clearly sourced to TD-314/00684-02 in Latif’s file–”He remained there, under the command of Afghan leader ((Abu Fazl)), until Taliban troops retreated and Kabul fell”–appears this way in Latif’s Gitmo file without clear attribution but in a paragraph otherwise sourced to TD-314/00684-02:

He remained in Kabul under the command of Afghan leader Abu Fazl, until Taliban troops retreated and Kabul fell.

All of this makes it virtually certain that the report in question is TD-314/00684-02.

Newly declassified passages also show that the interrogation in question happened while Latif was in Pakistani custody

We can also show with a high degree of certainty that the interrogation in question happened while Latif was still in Pakistani custody.

This sentence, from page 10 of the cert petition, makes it fairly clear that the interrogation, if not the document itself, dates to December 2001 (the CIA file has a 2002 date, so it probably wasn’t drafted until the following month).

 The government’s case was “primarily based” on a single document, created [~1 word redacted] in late December 2001 [3-4 words redacted].

Continue reading

Emptywheel Twitterverse
bmaz Good for the UofA Wildcats. Nice win to open the season. Of course that will NOT be happening at end of November the Sun Devils come to town
3hreplyretweetfavorite
bmaz @ThePietzLawFirm @steveglista @GregoryMcNeal @NYDailyNews If you have evidence Laird did not shoot the pier, please post it.
4hreplyretweetfavorite
bmaz @ThePietzLawFirm @steveglista @GregoryMcNeal @NYDailyNews Several other news orbs I saw did the same; I picked that only because of video.
4hreplyretweetfavorite
emptywheel @steveglista I do. Mr EW wants to go too. What time will you be up? @grmakerfaire
6hreplyretweetfavorite
emptywheel RT @ddayen: My story on CA unions killing campaign finance disclosure, from @Salon this week: http://t.co/HQ38zZLvVm
8hreplyretweetfavorite
JimWhiteGNV Roll Tide! RT @NaphiSoc: and the NRA Parents of the Year AWARD goes to..... #UniteBlue http://t.co/01vqJUsEZd
8hreplyretweetfavorite
emptywheel @chinahand Why didn't Argentina think of that? Oh wait. Only likely invader was the UK.
8hreplyretweetfavorite
emptywheel RT @chinahand: Seems Kyiv cannily assuming levels of indebtedness that wl compel West 2 support it unconditionally as its financial ward.
8hreplyretweetfavorite
emptywheel RT @barryeisler: Is there one for the US? RT @BrilliantMaps: The 22 countries the UK has not invaded http://t.co/7eCxQ2ZfSA
8hreplyretweetfavorite
emptywheel @Mario_Greenly My point is simple. A commander who claims not to have checked seized devices in 8 mos is lying. Very simple @dr_davidson
8hreplyretweetfavorite
emptywheel @Mario_Greenly Calling the laptop obviously dubious. Not doubting @HaraldDoornbos @jenanmoussa reported what they were told. @dr_davidson
8hreplyretweetfavorite
emptywheel @dr_davidson Times like this you look for the way to monetize such predictions. http://t.co/ukhGIUZESv
8hreplyretweetfavorite
August 2014
S M T W T F S
« Jul    
 12
3456789
10111213141516
17181920212223
24252627282930
31