Gitmo
Conviction of al-Qaeda media director vacated
The US Court of Appeals for the District of Columbia Circuit on Jan. 25 vacated the conspiracy conviction of Ali Hamza Ahmad Suliman al-Bahlul (HRW profile), former media secretary of Osama bin Laden. The DC Circuit ruled that the military tribunal that convicted al-Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. Al-Bahlul was captured in 2001. The US has 90 days to appeal the DC Circuit's decision to the US Supreme Court.
Obama's fourth year: a World War 4 Report scorecard
World War 4 Report has been keeping a dispassionate record of Barack Obama's moves in dismantling, continuing and escalating (he has done all three) the oppressive apparatus of the Global War on Terrorism (GWOT) established by the Bush White House. On the day of his second inauguration, we offer the following annotated assessment of which moves over the past year have been on balance positive, neutral and negative, and arrive at an overall score:
Judge: Gitmo detainee has no right to secret info
A judge for the US District Court for the District of Columbia ruled Jan. 9 that lawyers for a detainee at Guantánamo Bay may not review top secret documentation. Wali Mohammed Morafa, who has been detained for financially aiding the operations of terrorist organizations, including al-Qaeda, requested for some top secret documentations concerning source-related information which the government refused to disclose. Instead the government offered an alternate secret version without substitutes for some source information. Morafa's lawyers have clearance for only secret but not top secret information.
Obama signs NDAA —despite Gitmo restrictions
US President Barack Obama signed the National Defense Authorization Act of 2013 (PDF) into law on Jan. 3. The bill, which authorizes appropriations for military activities for 2013, expressly prohibits using funds to transfer individuals detained at Guantánamo Bay and also prohibits using funds to construct facilities in the US intended to house Guantánamo detainees. Obama signed the NDAA despite earlier indications that he may veto (statement, PDF) the bill, in part because of concerns over the Guantánamo detainee restrictions. Anthony Romero, executive director of the American Civil Liberties Union (ACLU), has criticized Obama for signing the bill, stating that he has "utterly failed the first test of his second term" by effectively ensuring that indefinite detention will continue and jeopardizing his ability to keep his promise of closing the military prison.
ACLU urges Obama to close Gitmo in second term
The American Civil Liberties Union (ACLU) called on US President Barack Obama early on the morning after his re-election Nov. 7 to shut down the Guantánamo Bay military prison, even as it congratulated him on his victory. Anthony Romero, executive director of the ACLU, urged Obama to "make good the promise he made four years ago to close the prison at Guantánamo Bay." He also encouraged Obama to put an end to practices such as warrantless surveillance, drone strikes and indefinite detention:
Accused USS Cole bomber boycotts pretrial hearing
Guantánamo Bay detainee Abd al-Rahim al-Nashiri on Oct. 23 boycotted his pretrial hearing at the facility. Al-Nashiri is accused of bombing the USS Cole while it was in port in Yemen in October 2000. Al-Nashiri objected to the use of belly chains while he was brought from his cell to the courtroom for the proceedings. Navy officials have stated that while belly chains are used when moving certain detainees within the facility, they would not have been used on al-Nashiri before this week's hearing. The hearing was to determine if Yemen was at war with the US at the time of the bombing, a decision that will be used to determine al-Nashiri's status as an enemy combatant.
Obama and Romney both fudged facts on Libya
Obama seemed to score a win in last night's debate by catching Mitt Romney in a lie, or at least an error, over the question of when the deadly attack on the consulate in Benghazi was deemed "terrorism." Obama's snappy come-back "Get the transcript" is already an Internet meme. Here's how the Associated Press "Debate Fact-check" calls it:
Mitt Romney wrongly claimed that it took 14 days for President Obama to brand the assault on the U.S. Consulate in Libya a terrorist act...
OBAMA: The day after [the] attack... "I stood in the Rose Garden and I told the American people and the world that we are going to find out exactly what happened. That this was an act of terror and I also said that we're going to hunt down those who committed this crime."
US transfers Gitmo detainee Khadr to Canada
Canadian citizen Omar Khadr was transferred to Canada from Guantánamo Bay early Sept. 30 to serve out the rest of his prison sentence under the authority of the Correctional Service of Canada. Khadr pleaded guilty to murdering US Sergeant First Class Christoper Speer, an Army medic, as well as charges of conspiracy and spying, material support of a terrorist group and attempted murder. He was originally sentenced to eight years in 2010 on top of the eight years he had already spent in prison. The rest of his sentence and future parole hearings, however, will now be handled by Canadian authorities according to Canadian law.

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