Posts Tagged 'Guantanamo'

Free Lynne Stewart!

Protest the Jailing of Lynne Stewart.   One of the first victims of the Patriot Act, she was convicted of aiding and abetting terrorism in the course of her legal work. Based on her years of defending the most exploited, and government infringement of attorney-client confidentiality in the case, she was sentenced to only 28 months of detention, and was freed on appeal.  Now, at age 70 and battling breast cancer, she has been ordered to jail, and her sentence is being reviewed to be increased. Read more.

SF Gray Panther Newsletter, December, 2009
Lynne Stewart’s Appeal Denied

Lynne at the SF Gray Panthers

Lynne at the SF Gray Panthers

After a long career representing the poor, oppressed and unpopular, radical attorney Lynne Stewart has been sent to jail. On November 17, a federal appeals court upheld her 2005 conviction of conspiracy and providing material support to terrorists and ordered her bond revoked. It also faulted District Judge John G. Koeltl for failing to issue a finding on whether she had committed perjury, and ordered him to review the mitigating circumstances that led him to sentence her to 28 months rather than the 30 years requested by the government. .

In the many years since charges were brought against her, the Gray Panthers have participated in nation-wide support and fundraising efforts for Lynne. In a typical political analysis of the events, she said the decision’s timing, “coming as it does on the eve of the arrival of the tortured men from the offshore prison in Guantánamo,” carried a message. “If you’re going to lawyer for these people, you’d better toe very close to the line that the government has set out.”

To send Lynne a letter, write:

Lynne Stewart, #53504-054
MCC-NY
150 Park Row
New York, NY 10007

Read SF Gray Panthers page on Lynne Stewart

Jeff Mackler wrote:

Dear Friends of Lynne Stewart,

I just got off the phone with Lynne Stewart a few minutes ago, that is, late Wednesday (early Thursday, November 19, New York time).  She bravely told me that she has been ordered to report to U.S. Federal Marshals to be imprisoned at 5 pm, Thursday, November 19.  There will be a 4 pm NY rally of her supporters, who will escort her to the courthouse for imprisonment.

In San Francisco, we will rally on Monday, Nov. 23 to protest Lynne’s frame-up trial and imprisonment.  Be there!  (See above.)

Background:

Following the November 16 decision of the U.S. Court of Appeals, Second Circuit that rejected Lynne Stewart’s appeal of her 1995 frame-up conviction on five counts of aiding and abetting terrorism, Lynne’s legal team as well as the federal district court were in a quandary as to how to proceed.  (Lynne has been a leading civil and human rights attorney for 30-years.  She is a member of the National Lawyers Guild and a member of the Continuations Committee of the National Assembly to End the Iraq and Afghanistan Wars and Occupations.)

The Second Circuit made what amounted to an unprecedented decision to not only affirm her conviction and reject her appeal but to order that her bail be revoked and that she be remanded to prison.  But lacking clear orders as to who would carry out this decision and when it would happen, the last two days have seen Lynne appear, along with her supporters at two rallies in her defense and numerous press conferences and interviews while judges and lawyers tried to ascertain what to do.  That decision has been made and Lynne will begin serving a 28-month prison term.

However, the Second Circuit’s 2-1 decision also remanded the issue of the length of Lynne’s sentence back to Judge John Koeltl’s Federal District Court ordering Koeltl to reconsider the 28-month jail sentence that he originally imposed.  Obviously furious at the relatively short duration of the sentence, the Second Circuit accepted the prosecution’s assertion that Koeltl had not properly considered the question of whether or not Lynne has perjured herself during her trial.  If that were to be determined, according to the Second Circuit, the length of Lynne’s sentence could be extended.  The single dissenting judge went further — expressing his outrage at Lynne’s relatively short sentence and suggesting that a qualitatively longer sentence be imposed than the majority contemplated.  The government originally demanded a 30-year sentence!

Still fighting, Lynne’s attorneys will ask the Second Circuit for a delay in her incarceration based on Lynne’s scheduled December surgery.  Here too, Lynne guesses that this will be denied, with the court holding that prison facilities are adequate for any medical needs that Lynne, a diabetic with hypertension and recovering from breast cancer surgery, may have.

Meanwhile, a new sentencing hearing before Judge Koeltl is scheduled for December 2 at the Foley Square Courthouse.  Federal prosecutors are expected to ask for the maximum sentence possible.  Also appearing in court will be Mohamed Yousry, Lynne’s innocent co-defendant and translator.  Koeltl was also ordered to reconsider Yousry’s 20-month sentence.  The prison term of a third defendant in Lynne’s case, Ahmed Sattar, who was sentenced to 20-plus years, was not challenged.

At this point we can only speculate as to whether Judge Koeltl will stand by his original sentence or be pressured by the Second Circuit to extend Lynne and Mohammed’s sentences.  The judge is known to carefully consider his sentences.  Close observers believe that he is unlikely to bend and impose a longer sentence.

Should Koeltl refuse to add additional years to Lynne’s prison term, the government is expected to appeal to the U.S. Supreme Court.  Government prosecutors and obviously the Second Circuit are outraged that a “convicted terrorist” has been walking around the streets for the past five years, free to champion her own cause and those of all others who suffer political repression.  It was clear from Judge Koeltl’s short sentence and high praise of Lynne’s record as an attorney and human being, a “credit to her profession,” said Koeltl during the sentencing hearing, that he felt compelled to take his distance from the government’s desire to put Lynne, 70, in prison for what would amount to the rest of her life.

Lynne will appeal the Second Circuit’s ruling to the U.S. Supreme Court.  She has repeatedly stated that her prosecution and persecution are consciously orchestrated by the government to chill the defense bar, that is, to instill the fear of government prosecutions into any attorney who seeks to afford alleged terrorists or others who are victims of unjust government persecution a vigorous and dedicated defense.  Lynne points to the upcoming U.S. prosecution efforts of Guantanamo prisoners as a prime example.

For further information contact: Jeff Mackler, Coordinator, West Coast Lynne Stewart Defense Committee 510-268-9429, <jmackler@lmi.net>.  Mail tax-free contributions payable to National Lawyers Guild Foundation.  Write in memo box: “Lynne Stewart Defense.”  Mail to: Lynne Stewart Defense, P.O. Box 10328, Oakland, CA 94610.

Lynne Stewart is charged for her actions acting as attorney for blind Egyptian cleric named Sheikh Omar Abdul Rahman, who is accused for the basement bombing of the World Trade Center in 1993.  Further investigation of this bombing shows that operatives for Federal agencies were involved in setting up this action.  Read more here.

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When Gitmo and Abu Ghraib Come Home

CounterPunch, October 26, 2009

When Gitmo and Abu Ghraib Come Home

By BILL QUIGLEY and DEBORAH POPOWSKI

The Louisiana Board that licenses psychologists is facing a growing legal fight over torture and medical care at the infamous Guantanamo and Abu Ghraib prisons.

In 2003, Louisiana psychologist and retired colonel Larry James watched behind a one-way mirror in a U.S. prison camp while an interrogator and three prison guards wrestled a screaming near-naked man on the floor.

The prisoner had been forced into pink women’s panties, lipstick and a wig; the men then pinned the prisoner to the floor in an effort “to outfit him with the matching pink nightgown.”  As he recounts in his memoir, Fixing Hell, Dr. James initially chose not to respond.  He “opened [his] thermos, poured a cup of coffee, and watched the episode play out, hoping it would take a better turn and not wanting to interfere without good reason…”

Although he claims to eventually find “good reason” to intervene, the Army colonel never reported the incident or even so much as reprimanded men who had engaged in activities that constituted war crimes.

Sadly, the story of Dr. James’ complicity in prisoner abuse does not end there.  The New Orleans native and former LSU psychology professor admits to overseeing the detention, interrogation and health care of three boys, aged twelve to fourteen, who were disappeared to Guantanamo and held without charge or access to counsel or their families. In Fixing Hell and elsewhere, Dr. James proudly proclaims that he was in a position of authority at Guantanamo.

Government records indicate that, as the senior psychologist consulting on interrogations, his decisions affected the policy and operations of interrogations and detention on the base.  During his time there, reports of beatings, sexual abuse, religious humiliation and sleep deprivation during interrogations were widespread, and draconian isolation was official policy.  Prisoners suffered, and some continue to suffer, devastating physical and psychological harm.

Dr. Trudy Bond, a psychologist under an ethical obligation to report abuse by other psychologists, filed a complaint against Dr. James before the Louisiana State Board of Examiners of Psychologists in February 2008.

Dr. Bond’s complaint says that Dr. James’ conduct violated Louisiana laws governing his psychology license.  As a psychologist and military colonel, he had a duty to avoid harm, to protect confidential information, and to obtain informed consent, as well as to prevent and punish the misconduct of his subordinates.

How did the Louisiana licensing board respond?  Rather than investigate, the Board dismissed the complaint, and when asked again, reaffirmed its decision.  Dr. Bond has now taken the case to the Louisiana First Circuit Court of Appeal in Baton Rouge.  Dr. James played an influential role in both the policy and day-to-day operations of interrogations and detention in the notorious prison camps built to hold men and boys captured during the U.S. “War on Terror.”

According to his own statements, he was a senior member of interrogation consulting teams that, as documented by government records, were central in designing interrogation plans that exploited psychological and physical weaknesses of individual detainees.  In one example cited by the New York Times, a military health professional told interrogators that “the detainee’s medical files showed he had a severe phobia of the dark and suggested ways in which that could be manipulated to induce him to cooperate.”

Had Dr. James chosen to cast himself as a brave, but ultimately ineffective voice against torture, he may have fooled some people into believing him. Instead, he’s presented an utterly implausible portrait: one of a man “chosen” by “the nation” to “fix the hell” of Guantanamo and Abu Ghraib, a feat he claims to have accomplished so successfully that ever since he was first deployed in January 2003, “where ever [sic] we have had psychologists no abuses have been reported.”

This is patently untrue.  The real “fact of the matter,” as documented by government records, reports from the International Committee of the Red Cross and eyewitness accounts, is that serious abuses were widespread both during Dr. James’ tenure as senior psychologist for the Joint Intelligence Group at Guantánamo, and after he left.

One would imagine that such disregard for a law designed to protect the public welfare would greatly concern the body charged with its enforcement. But the Louisiana State Board of Examiners of Psychologists, which issued James his license, has refused to investigate whether he violated professional misconduct law.

The Board’s conduct should alarm all Louisiana health professionals and their patients.  The Board demeans the profession when it fails to seriously address the possibility that a Louisiana licensee was involved in torture.  It also strips the Louisiana psychology license of meaning and value.

How can patients rely on a license issued and enforced by a body that arbitrarily refuses to look into allegations of grave misconduct?

As the legal battle wears on, the people of Louisiana need to ask the Board’s members what “good reason” they await in order to act. They should demand that the Board of Examiners conduct a thorough investigation of Larry James and, if what he admits is true, revoke his privilege to practice.

Bill Quigley is a Loyola Law professor working at the Center for Constitutional Rights.

Deborah Popowski is a Skirball Fellow at the Harvard Law School Human Rights Program. Both authors are involved with the campaign When Healers Harm: Hold Health Professionals Accountable for Torture, see http://whenhealersharm.org/

Bill can be contacted at quigley77@gmail.com.

Deborah can be contacted at dpopowski@law.harvard.edu.

 

FBI Chief Planned Mass Jailing

NY Times, December 23, 2007

Hoover Planned Mass Jailing in 1950

(See Ellsberg: Attacking Iran will complete the US conversion to a police state.)

(Also see KBR awarded Homeland Security contract worth up to $385M)

By TIM WEINER

A newly declassified document shows that J. Edgar Hoover, the longtime director of the Federal Bureau of Investigation, had a plan to suspend habeas corpus and imprison some 12,000 Amer-icans he suspected of disloyalty.

Hoover sent his plan to the White House on July 7, 1950, 12 days after the Korean War began. It envisioned putting suspect Americans in military prisons.

Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to “protect the country against treason, espionage and sabotage.” The F.B.I would “apprehend all individuals potentially dangerous” to national security, Hoover’s proposal said. The arrests would be carried out under “a master warrant attached to a list of names” provided by the bureau.

The names were part of an index that Hoover had been compiling for years. “The index now contains approximately twelve thousand individuals, of which approximately ninety-seven per cent are citizens of the United States,” he wrote.

“In order to make effective these apprehensions, the proclamation suspends the Writ of Habeas Corpus,” it said.

Habeas corpus, the right to seek relief from illegal detention, has been a fundamental principle of law for seven centuries. The Bush administration’s decision to hold suspects for years at Guantánamo Bay, Cuba, has made habeas corpus a contentious issue for Congress and the Supreme Court today.

The Constitution says habeas corpus shall not be suspended “unless when in cases of rebellion or invasion, the public safety may require it.” The plan proposed by Hoover, the head of the F.B.I. from 1924 to 1972, stretched that clause to include “threatened invasion” or “attack upon United States troops in legally occupied territory.”

After the terrorist attacks of Sept. 11, 2001, President Bush issued an order that effectively al-lowed the United States to hold suspects indefinitely without a hearing, a lawyer, or formal charges. In September 2006, Congress passed a law suspending habeas corpus for anyone deemed an “unlawful enemy combatant.”

But the Supreme Court has reaffirmed the right of American citizens to seek a writ of habeas corpus. This month the court heard arguments on whether about 300 foreigners held at Guan-tánamo Bay had the same rights. It is expected to rule by next summer.

Hoover’s plan was declassified Friday as part of a collection of cold-war documents concerning intelligence issues from 1950 to 1955. The collection makes up a new volume of “The Foreign Relations of the United States,” a series that by law has been published continuously by the State Department since the Civil War.

Hoover’s plan called for “the permanent detention” of the roughly 12,000 suspects at military bases as well as in federal prisons. The F.B.I., he said, had found that the arrests it proposed in New York and California would cause the prisons there to overflow.

So the bureau had arranged for “detention in military facilities of the individuals apprehended” in those states, he wrote.

The prisoners eventually would have had a right to a hearing under the Hoover plan. The hear-ing board would have been a panel made up of one judge and two citizens. But the hearings “will not be bound by the rules of evidence,” his letter noted.

The only modern precedent for Hoover’s plan was the Palmer Raids of 1920, named after the attorney general at the time. The raids, executed in large part by Hoover’s intelligence division, swept up thousands of people suspected of being communists and radicals.

Previously declassified documents show that the F.B.I.’s “security index” of suspect Americans predated the cold war. In March 1946, Hoover sought the authority to detain Americans “who might be dangerous” if the United States went to war. In August 1948, Attorney General Tom Clark gave the F.B.I. the power to make a master list of such people.

Hoover’s July 1950 letter was addressed to Sidney W. Souers, who had served as the first di-rector of central intelligence and was then a special national-security assistant to Truman. The plan also was sent to the executive secretary of the National Security Council, whose members were the president, the secretary of defense, the secretary of state and the military chiefs.

In September 1950, Congress passed and the president signed a law authorizing the detention of “dangerous radicals” if the president declared a national emergency. Truman did declare such an emergency in December 1950, after China entered the Korean War. But no known evidence suggests he or any other president approved any part of Hoover’s proposal.


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