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
JimWhiteGNV iMessage seems pretty screwed up today. Lost messages, doubled messages.
1mreplyretweetfavorite
JimWhiteGNV Whut? LOL Troll Tide! Touchdown #Gators But #FireMuschamp anyway.
2mreplyretweetfavorite
JimWhiteGNV A miracle! Fumble! #Gators
5mreplyretweetfavorite
JimWhiteGNV Good chance he's been told not to. RT @armandodkos: @JimWhiteGNV Driskel has forgotten how to run the ball.
6mreplyretweetfavorite
JimWhiteGNV RT @NAWTADIGM: Florida's coaching meetings are just a bunch of monkeys with typewriters yelling at each other.
7mreplyretweetfavorite
JimWhiteGNV Treon Harris would have hit those passes Driskel blew. #BenchDriskel #FireMuschamp
8mreplyretweetfavorite
emptywheel @BaFana3 :) I'm sorry the rest of the world, esp the US, is so delusional about Yemen.
11mreplyretweetfavorite
emptywheel @BaFana3 That doesn't sound very "model," requireing agreements and all that.
13mreplyretweetfavorite
JimWhiteGNV Muschamp is a defensive genius, huh? #FireMuschamp
14mreplyretweetfavorite
JimWhiteGNV Not losing yet. #Gators
21mreplyretweetfavorite
emptywheel This is the kind of thing bound to incite Charles Woodson to play out of his mind. http://t.co/NN73Zg5hoO
23mreplyretweetfavorite
September 2014
S M T W T F S
« Aug    
 123456
78910111213
14151617181920
21222324252627
282930