American Kangaroo Court Claims Its First Victim
It is appropriate that a person from Australia, home of the kangaroo, should be the first one dragged before the kangaroo court at the U.S. naval base at Guantanamo Bay. David Hicks, imprisoned there for more than five years, pleaded guilty Monday to providing material support for terrorism.
The case of Hicks offers us a glimpse into the Kafkaesque netherworld of detentions, kidnappings, torture and show trials that is now, internationally, the shameful signature of the Bush administration. Hicks’ passage through this sham process affords us all an opportunity to demand the closure of Guantanamo and an end to these heinous policies. Conditions may soon exist to shutter the prison, with George Bush’s lame-duck status, the Democratic takeover of Congress, the possible departure of Guantanamo’s arch-defender and architect, Attorney General Alberto Gonzales, and, if recent reports are true, a desire to close the prison on the part of Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice. These bogus military commission trials amplify global contempt for the Guantanamo prison.
The Pentagon claims that Hicks was in Afghanistan fighting against the United States, then was apprehended by the Northern Alliance in late 2001 while fleeing to Pakistan. After transfer to U.S. military control, he was moved around various detention facilities and, he says, brutally beaten and sodomized. By January 2002 he was in Guantanamo. He was subjected to repeated interrogations. He witnessed other prisoners being beaten and terrorized with dogs. He was at times kept in total darkness, at times in continual bright light (he has grown his hair to chest length so he can cover his eyes to allow him to sleep). He had no access to a lawyer for more than a year or knowledge of the charges against him. Others, those lucky enough to have lawyers or to have actually gotten out, tell similar tales of continual cold, of desecration of the Quran and of sexual humiliation designed specifically to torture Muslim men.
During his five years of detention, people fought for Hicks. His father, Terry Hicks, traveled to the U.S. He donned an orange jumpsuit, like the one his son was forced to wear, and stood in a 6-foot-by-8-foot cage on Broadway in New York while fielding questions from the press.
Even the U.S. Supreme Court, the body that appointed Bush president in 2000, agreed that the prisoners must have some access to habeas corpus, the right to challenge one’s imprisonment. This central tenet of Western law, established in the Magna Carta in 1215, has been thrown out the window, along with the Geneva Conventions, by Bush, Dick Cheney, Donald Rumsfeld, Gonzales and others.
Guantanamo has sparked one of the United States’ major growth industries: protesting against Guantanamo. From campuses to churches, the anger has driven regular citizens to action. Cindy Sheehan and members of the Catholic Worker Movement went to Cuba and marched overland to Guantanamo to challenge the illegitimate prison and its jailers in person.
Even in Hicks’ brief moment in the controversial “trial,” the government did what it could to strip him of the few rights it claims he has. The presiding military judge, Marine Col. Ralph Kohlmann, dismissed his civilian lawyer, Joshua Dratel, and a Navy reservist attorney, Rebecca Snyder, who was assisting Hicks’ government-appointed attorney. Hicks was stunned, and at first refused to plead. Hours later, after the trial was reconvened, he pleaded guilty to his one remaining charge. Having no hope for a fair trial, he reportedly believed that pleading guilty would allow him to serve his sentence in Australia—his only hope of escaping Guantanamo.
There are still more than 380 prisoners at Guantanamo. Almost none have been charged. Those ultimately charged with murder could be sentenced to death by the military commission. The decider of the death penalty after appeals are exhausted is none other than George Bush, who as governor of Texas oversaw the most active death chamber in the United States. Back then his lawyer was Alberto Gonzales.
The U.S. attorney scandal is threatening to take down Gonzales. But it is his condoning of torture from Guantanamo to Abu Ghraib that should seal his fate.
The grim Guantanamo experiment is reaching its climax. The house of cards that has been erected to support this immoral, criminal enterprise is poised to collapse. Call, shout, sit down, march, donate, write, protest … demand that Guantanamo be closed.
Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on 500 stations in North America.
© 2007 Amy Goodman
You are the best journalist in History, period.
“How poor is man after all, how ugly,how wheezing, how full of hidden shame”–Nietzsche, referring to the ugliest man. We all share in this misfortune and how miserable indeed must we be–more than we can understand, that Bush and Cheney and Rove represent us not merely as politicians, that I could endure, but as beings.
They breath the same air. They speak the same language, They make me ashamed.
Thank you Amy for shining the light of truth.
They are monsters, yes. As I read this, and all the other affronts to decency that this administration represents, I get that sickening mixture of rage and powerlessness that must be something like being tortured in spirit. I see how the utter disregard for human dignity and even human life is a fundamental aspect of how this group of monsters views power: if you instill enough fear, if you will stop at nothing to achieve your aims, if nothing is “off the table,” then you will “win” What they don’t count on is the condemnation and loathing that this country now evokes among a growing number of people, here as well as abroad, will ultimtely undermine that power. People get tired of being afraid.
Thanks for your commentary, Amy. In Guantanamo the entire world can see what kind of justice system the United States would impose on the rest of Cuba, if it was able to do so.
As a WWII combat vet, and a retired 30 year federal civil servant: I have commented elsewhere in CommonDreams:
Guantanamo Bay has achieved my TripleA (AAA) score:
When I think of it, I am Appalled, Angry, and Ashamed!
Thanks for the comment, Amy
I wonder if Hick’s guilty plea was just a legal tact to get out of US jurisdiction. In Australia, he may have a better chance to fight his imprisonment.
The same basic question keeps rising in my mind. How in the world has this country managed to find judges, lawyers, psychiatrists, doctors, and soldiers willing to aid and abet these shameful events? From often questionable reasons for being detained, to torture, foced confessions, deplorable living conditions, complete distain for the advice from experienced officials in the field of counter terrorism, the loss of the writ of Habeus Corpus, to kangaroo court proceedings - all of this, has been carried out by such people who followed immoral commands from their superiors.
How do they sleep at night? We all know The Idiot sleeps well, but then again, ignorance is bliss. Have these people no conscience? Are they all sociopaths and psychopaths who need to be locked away?
In fact, quite a few people need locked away. Starting at the top all the way down to the bottom, these very sick people need to be put away.
As an Australia I’ve watched this sorry saga over the last 5 years while David Hicks has been rotting away in Guantanamo.
The Australian government have never once asked for his release as they admit he cannot and would not be charged with any offence if he was returned to Australia.
Yet John Howard continues to deprive an Australian citizen of his own government’s assistance.
Even blind Freddy can see David Hicks only pleaded guilty as he saw this as the only way to escape a life sentence (which he would’ve ultimately got had he pleaded innocent).
I just hope that one day Howard, Bush, Blair and all the other criminals someday are left to rot in similar circumstances. But I won’t hold my breath.
On a final note I would like to make mention of the stirling job done by David Hicks’ military defence lawyer, Maj Michael Mori of the Marines. He is a household name in Australia and his attacks on the military justice system have surely put an end to any aspirations that he would have previously had of any further promotion. Major Mori, you are a credit to your nation.
Amy Goodman “go you good thing”
Once again your journalistic skills shine in a very long dark night of villainy and pure evil that will stain America for generations….
I wonder if Bush et al have any idea what they have done…oh just a minute….thats right I remember Bush is an uneducated dill with an IQ of 93….I suppose not……
Okay, let’s get Bush, Cheney, Rove, Rumsfeld, Rice, Gonzalez, General Sanchez, David Yoo, and especially General Miller and put them all in custody.
Bring in the snarling dogs, water boards, electric shock to the genitalia, simulated sodomization,unending chainsaw heavy metal rock played at physical pain levels 20 hours a day, 10 million candle-power lights constantly on and simmer them in this windowless environment with all the latest sensory deprivation hardware that the Gestapo CIA has in its bag of tricks.
Simmer patiently and systematically in this environment for 5 years and see what we can get them to ‘fess up to.
And if they die in the process, well you know, as Rummy would say “stuff happens”.
Hopefully David Hicks will live long enough to provide witness testimony to the war crimes tribunal of George W Bush and his cabinet.
The GOP has repeatedly thrown out the constitution and dishonoured oaths they have sworn before a god they purport to believe in. If there were a just god there is a special place in hell for the members of the Bush family.
In the meantime people all over the world are compiling a record of their crimes and Bush will be hunted like Pinochet. I say we put a concrete wall around the Crawford Texas compound of George and throw him in there in January 2008 neve to emerge. It will save us all a lot of trouble.
I am also an Australian. The continued incarceration of David Hicks without a trial has this year become an issue of concern for our Prime Minister, John Howard. He is up for reelection later this year and is currently lagging badly in the polls. A factor in the polls is that a majority of the people (but not all) are concerned that the government was willing to allow an Australian citizen be treated the way he has been without doing anything to help. Tony Blair got British citizens returned home very quickly and there has been no action taken against them.
However Howard is a rusted on supporter of Bush and until the polls started to show this was an issue that could lose him the election, was happy for Hicks to stay locked up where he could be demonised as a “terrorist” and a threat to Australia’s security. Lately Howard has been talking up the need for Hicks to be brought to trial quickly ie before our election.
With Hicks pleading guilty, there are those who say well he would not have done that unless he was really guilty. The rest of us say that after 5 years he would have pleaded guilty to anything just to get out.
It has long been agreed between the US and Aussie govts that he would not be subject to the death sentence and that he would get to serve any gaol time in Australia.
There is one interesting twist that could still play out. A challenge to the Military Commission (Mark II) process is still to run in the US Supreme Court. If the Court rules again the the process is invalid, will Hicks still have to serve his sentence in Australia?
“Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish…”
“Section 2. [1] The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a party…”
“Section 2 [3] The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.”
“Section 3. [1] Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
“Amendment VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State or district from wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with witnesses against him; to have compulsory process obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
“Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”
At the outset, Bush’s military tribunals have usurped the Constitutionally vested powers of the Judiciary and of Congress. They continually deny the Constitutionally guaranteed protections applied to all criminal prosecutions, including “otherwise infamous crime”. The language is unambiguous.
Five years of detention without access to due process is clearly a violation of the Fifth Amendment guarantees of the Constitution those at GITMO have sworn to defend.
The conditions of detention violate the Eighth Amendment of the same Constitution.
GITMO has no legitimate right to exist as a criminal facility and tribunal. Should there be validity to any of the cases, they should be heard openly in an international court under the scrutiny of the eyes and ears of the world.
As a proud American citizen, I am deeply ashamed of the actions made by the renegades who have seized control of a once great nation.
We’ve had similar problems a few years back with another George. Can one suppose that the present occupant may have viewed the following as something of a how to guide?—
“He has obstructed the Administration of Justice, by refusing his assent to Laws for establishing Judiciary Powers.”
“He has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries.”
“He has erected a Multitude of new Offices, and sent hither Swarms of Officers to harass our People, and eat out their Substance.”
“He has affected to render the Military independent of and superior to Civil Power.”
“He has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislation.”
“For quartering large bodies of Armed Troops among us:
For protecting them, by a mock Trial, from the Punishment for any Murders which they should commit…”
“For depriving us, in many Cases, the Benefits of Trial by Jury.”
“For transporting us beyond Seas to be tried for pretended Offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein arbitrary Government and enlarging its Boundaries, so as to render it at once an Example and a fit Instrument for introducing the same absolute Rule into these Colonies:
For taking away our Charters, abolishing our valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with Power to legislate for us in all Cases whatsoever. ”
“He is, at this Time, transporting large Armies of foreign Mercenaries to complete the Works of Death, Desolation, and Tyranny begun with circumstances of Cruelty and Perfidy, scarcely paralleled in the most barbarous Ages, and totally unworthy of the Head of a civilized Nation.”
—excerpts of the grievances listed in the Declaration of Indepence July 4, 1776
Sad to say, I’m no longer shocked by any of this, after reading about all the tortures, renditions, and shredding of the Bill of Rights that has occurred in the last few years. I’ve come to expect this from the Bush regime. Even more distressing is complicity of the Democratic party and the mainstream press.
Pardon me for waxing Messianic,everyone, but when my wife and myself were waching close the 2000 election, we both identified this Bush as EVIL incarnate. After hearing blasphemy from his lips, uttered to Amish in Pa.,She said before I could… this thing is ANTICHRIST, to which I replied to her “God help us,he is”.I am a man of reason, so I do not utter this lightly, But wrp myself in God’s Mercy.
I had similar a thought in 2004 when reelection stickers said W– I thought is this the mark of the beast? However, upon reflection I liked the slogan of W standing for worst president ever. (Bush now has circa 666 days to departure if he serves out his term). Comparing him to George III is better than comparing him to a supernatural evil force so I like the quotes from Declaration of Independence.
Only two words in the English language come to mind when I think of:
BUSH and CHENEY
“PURE EVIL”
How many times have I, myself,spoken to the issues I am reading in peoples comments of this purveyor of wickednessthat is “this man” who stole the most powerful office on this Earth. It matters not to him anything said by reasonable people. Just last week I heard him say, in response to dem”s legislation on war funding ” the Democrats are doing this…”, sounding like a small child who we”ve all known at some time in our lifesaying “I’m going to take my ball and bat and go home if you won”t let me play.” I’ve read whole the Declaration,the Constitution, worked for D.C. as a civilian contracted to gather info for several govt. agencies, and see the flouting of our laws, and have suggested this admin to be guilty of high treason- to my understanding of the laws of the land. Even heard Amy put the question to govt. officials. We seem to be unable “the people” to effect any change.Even after Nixon? This is what left me to what to that which my own spark of divinity told me was true, but my mind refused to get itself around. Namely, he is antichrist,and those aroud him the indwelling of the other rebel angels.
M s. Goodman, with all deserved respect. I cannot imagine some of what people must think at the things I commit to paper. I have always been thankful that their are people with the courage of their convictions, as you MUST be. When I first found Link T.V. on Direct T.V. satelite service I asked my Mrs., also a goodly woman, how it is that Rupert Murdoch would allow transmission on his company’s service the likes of your programming. I still don’t understand, and you’re being the darling of so many of us who thirst for righteousness. Maybe you can speak to this question. And, not forgetting, may God grant peace to David Hicks.
I watched this mining operation called Australia changing its own judicial system from Kangaroo- to Wallaby -court, wallaby being the smaller cousin of the kangaroo.