April, 25 2011, 02:59pm EDT
CCR Executive Director Says Guantanamo Leaks Must Be Met by Release of Obama Task Force Assessments
Rights Group Critical of Poor Reporting By New York Times
NEW YORK
Today, Center for Constitutional Rights Executive Director Vince Warren issued the following statement in response to the leaks of government allegations against 750 Guantanamo detainees and the multiple news stories that accompanied the leaks:
The documents that have just been released again shed light on the Bush administration's disarray and desperation and reaffirm that the primary goal of Guantanamo was always intelligence gathering and not keeping so-called dangerous men off the streets. They provide more public detail on the many innocent men at Guantanamo, many of whom remained and remain there long after the government knew they were innocent. The danger is that putting the outdated allegations in these documents out without proper context can lead to the assumption that many of the men are more dangerous than they turned out to be.
News organizations around the world have covered the leaks of allegations against men currently and formerly detained at Guantanamo, but the New York Times is most notable for its unfiltered recycling of out of date and long-discredited DOD claims and its sensationalizing of inflated risk assessments over revelations of abuses committed by the U.S. For example, the Times lists five Russian men as being recidivists when not even the DOD continues to include them since they were tortured on their return to Russia (as documented by Human Rights Watch). A Center for Constitutional Rights client, Abu Sufian Ibrahim Ahmed Hamuda bin Qumu, is also listed as a recidivist, when in fact he was jailed on his return to Libya and is now allegedly fighting with the U.S.-supported rebels, as is made clear in another article in the same paper. That the large print, "Released from Guantanamo, They Took Up Arms" headline is followed by a small print, "against various foes" does little to mitigate the inflammatory message.
These are only a few of the examples, but they amount to an irresponsible repetition of the scare stories that abet those forces seeking to legitimate the continued existence of Guantanamo and the scheme of detention without charge that the place was created to facilitate. Even the disclaimer included on the Times website has been watered down from its previous version: now, buried at the bottom of the About section of the Guantanamo Docket feature, it reads, "The documents contain the Defense Department's assessments of the detainees, some of which have been challenged in federal court, and in some of the cases lower court judges have ruled against evidence presented by the government. Those cases have been appealed." It fails to mention that some of the charges were dropped or withdrawn by the government itself, that a large number were overturned, and it presumes the existence of evidence when in may cases there was none. The coverage also continues the Times' incomprehensible policy of refusing to use the word "torture" to describe what was done to the men at Guantanamo. Reading the coverage in the Times and Washington Post, one would never know that the majority of remaining detainees - ninety of the 172 left - had been cleared for release by the Interagency Task Force set up in 2009.
Like the Defense Department's assessments of "recidivism," the risk assessments in the files are based on patently unreliable information, much of it the product of other interrogations at Guantanamo. The files are years out of date and repeat inaccurate Bush administration allegations long since put to rest. The Obama administration must release immediately its own Task Force assessments and, at a minimum, make public the list of who has been approved for transfer, who has been designated for trial and who is designated for indefinite detention, so that foreign governments, the U.S. Congress and the public can get a more accurate picture of the men who remain at Guantanamo. Without names and details of cases where the administration claims it needs to detain individuals without charges or trial, it will continue to be impossible to have any meaningful public debate about the wisdom of such a policy.
The broad picture these documents paint is not of men "too dangerous to release" but of a government attempting to justify its mistakes and detaining, interrogating and abusing men - as well as teenage boys and men old enough to be suffering from dementia - for years based on bad evidence, hearsay from self interested jailhouse informers and sheer incompetence. The files show a breakdown in accountability for what was done to these men and a lack of transparency that continues to this day. They show that for more than nine years the government has been withholding information the public sorely needs in order to be able to make informed decisions about vital government policies. They also show that the press - itself a vital component of our democracy - must also do a better job of holding the government to account.
CCR has led the legal battle over Guantanamo for the last nine years - sending the first ever habeas attorney to the base and sending the first attorney to meet with an individual transferred from CIA "ghost detention" to Guantanamo. CCR has been responsible for organizing and coordinating hundreds of pro bono lawyers across the country to represent the men at Guantanamo, ensuring that nearly all have the option of legal representation. In addition, CCR has been working to resettle men who remain at Guantanamo because they cannot return to their country of origin for fear of persecution and torture.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
Listen Live: US Supreme Court Hears Outrageous Argument That Trump Is Above the Law
"The American people deserve a Supreme Court that does not hesitate to declare that no one is above the law, including a former president," said one campaigner.
Apr 25, 2024
After months of delay, the U.S. Supreme Court on Thursday will hear oral arguments in a closely watched case on whether former President Donald Trump should be immune from criminal charges stemming from his efforts to overturn his 2020 election loss—an argument that legal experts say is both absurd and dangerous.
Listen live to the oral arguments, which are set to begin at 10:00 am ET:
Thursday's proceedings mark the high court's final argument of its current term, and pro-democracy campaigners are calling on the justices to quickly reject the former president's sweeping immunity claim so he can face trial on federal election subversion charges before his November rematch with President Joe Biden.
As Bloomberg's Greg Stohr noted earlier this week, Thursday's oral arguments give "Special Counsel Jack Smith only a narrow window to put the former president in front of a Washington jury before voters go to the polls on November 5."
"With the trial on hold until the high court rules," Stohr added, "Smith needs a clear-cut victory, and he needs it quickly."
Sean Eldridge, founder and president of the progressive advocacy group Stand Up America, said in a statement Thursday that "the Supreme Court's right-wing majority has already handed Trump a temporary victory by stalling this case for months, allowing him to delay accountability for his criminal attempts to cling to power."
"With so much at stake for our democracy, the Supreme Court should rule swiftly and decisively in this case," said Eldridge. "Accountability delayed could mean accountability denied."
Keep ReadingShow Less
Grand Jury Indicts Top Trump Aides, 11 Arizona Republicans Over 'Fake Electors' Scheme
Had it succeeded, said the state's attorney general, the scheme would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
Apr 25, 2024
A grand jury in Arizona on Wednesday charged seven aides to Donald Trump and nearly a dozen Republican officials over a "fake electors" scheme in the state that aimed to keep the former president in power after his 2020 loss to President Joe Biden.
Trump, who is currently facing nearly 90 charges across four criminal cases as he runs for another White House term, was described as "unindicted co-conspirator 1" in the 58-page indictment, which was announced by Arizona Attorney General Kris Mayes.
"The people of Arizona elected President Biden," Mayes, a Democrat, said Wednesday. "Unwilling to accept this fact, the defendants charged by the state grand jury allegedly schemed to prevent the lawful transfer of the presidency. Whatever their reasoning was, the plot to violate the law must be answered for."
The indictment names former Arizona Republican Party Chair Kelli Ward, sitting state Republican Sens. Jake Hoffman and Anthony Kern, former U.S. Senate candidate Jim Lamon, and seven others as the "fake electors" who sought to declare Trump the rightful winner of the state's presidential contest.
The names of other individuals indicted by the state grand jury are redacted, but the document's descriptions make clear that former White House Chief of Staff Mark Meadows, former Trump attorney Rudy Giuliani, and top Trump legal strategist Boris Epshteyn are among those facing felony charges—including fraud, forgery, and conspiracy.
"In Arizona, defendants, unindicted coconspirators, and others pressured the three groups of election officials responsible for certifying election results to encourage them to change the election results," the document reads. "Discussions about using the Republican electors to change the outcome of the election began as early as November 4, 2020. Those plans evolved during November based on memos drafted by [an attorney for the Trump campaign, Kenneth Chesebro]."
Mayes said Wednesday that had the fake elector scheme succeeded, it would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
"It effectively would have made their right to vote meaningless," said Mayes.
A state grand jury, made up of everyday, regular Arizonans, has handed down felony indictments in the ongoing investigation into the fake elector scheme in Arizona. pic.twitter.com/Nu8GcD4ZqJ
— AZ Attorney General Kris Mayes (@AZAGMayes) April 24, 2024
Alex Gulotta, state director of All Voting Is Local Action Arizona, said Wednesday that "the indictment of the eleven fake electors is one of the first steps required in holding these election deniers accountable for their alleged attempts to take power away from voters by disrupting our free and fair elections."
"Arizonans deserve to trust the election officials responsible for administering our elections and preserving our democracy," said Gulotta, "and this is a positive step forward as we continue to strengthen the foundations of our democracy and restore faith in our elections."
The Arizona Republicreported Wednesday that "several of the Arizona electors have previously claimed they were merely offering Congress a backup plan, though nothing in the documents they sent to Congress and the National Archives backs up that assertion."
"The indictment includes several statements the false electors made on social media that contradict those claims," the newspaper observed.
Jenny Guzman, director of Common Cause's Arizona program, said the indictment "marks the start of a new chapter for the fake elector scheme that has plagued Arizona."
"Arizonans are still dealing with the fallout from the false electors and the Big Lie about the 2020 elections," said Guzman. "We are relieved that the investigation by Attorney General Mayes has concluded and Arizonans can now know that what comes next is accountability. These efforts by these fake electors to undermine the will of Arizona’s voters have had implications far beyond their failed attempt to overthrow the 2020 election."
"This indictment can reassure all Arizonans that if anyone, regardless of their political affiliation, attempts to undermine their vote, consequences will follow," Guzman added.
Keep ReadingShow Less
Watchdog Urges FEC to Investigate Trump Campaign Over Scheme for Legal Fees
"By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much."
Apr 24, 2024
A campaign finance watchdog on Wednesday filed a Federal Election Commission complaint accusing former President Donald Trump's 2024 campaign, affiliated political groups, and an accounting firm of violating U.S. law in a scheme "seemingly designed to obscure the true recipients of a noteworthy portion of Trump's legal bills."
The Washington, D.C.-based Campaign Legal Center (CLC) said that "evidence appears to show an illegal arrangement between several Trump-affiliated committees and a compliance firm named Red Curve Solutions that is designed to obscure the identities of those providing legal services and how much they are being paid."
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money."
CLC alleges that the Trump campaign, Trump's political action committee (PAC) Save America, and three affiliated organizations "violated federal reporting requirements based on a scheme in which the committees reportedly paid over $7.2 million—described as 'reimbursement for legal' costs or expenses"—to Red Curve.
The watchdog also said that Red Curve appears to be "making or facilitating illegal contributions that violate either federal contribution limits or the prohibition on corporate contributions."
According to CLC:
Red Curve is a domestic limited liability company that offers compliance and FEC reporting services but does not appear to offer any legal services. It is managed by Bradley Crate, who also serves as the treasurer for each of the five Trump-affiliated committees concerned in this complaint, as well as over 200 other federal committees.
According to filings with the FEC, Red Curve appears to have been fronting legal costs for Trump since at least December 2022, with Trump-affiliated committees repaying the company later. This arrangement appears to violate FEC rules that require campaigns to disclose not only the entity being reimbursed (here, Red Curve) but also the underlying vendor. By not disclosing the vendors that actually provided legal services, the Trump-affiliated committees effectively blocked the public from knowing which attorneys and firms are being paid—and how much they are being paid—through this arrangement.
"Voters have a right to know how the presidential campaigns and other committees supporting presidential candidates spend their money," CLC senior director of campaign finance Erin Chlopak said in a statement. "When campaigns and committees obscure that information from the public, not only do they make it difficult to determine if the law has been violated, but they deny voters the ability to make an informed choice when casting a ballot."
"The steps taken by the Trump campaign, its affiliated committees, and Red Curve Solutions concealed information about how campaign funds were used to pay former President Trump's legal expenditures, including the amounts and ultimate recipients of these expenditures—and the FEC must investigate immediately," Chlopak added.
Trump—who is the presumptive 2024 GOP presidential nominee—faces 88 federal and state felony charges related to his role in the January 6 insurrection and his organization's business practices. He is currently on trial in New York for allegedly falsifying business records related to hush money payments to cover up sex scandals during the 2016 election cycle. The twice-impeached former president has been open about his use of campaign donations to pay his legal costs.
The new CLC filing comes a day after the watchdog filed separate FEC complaints urging investigations into a pair of Trump-affiliated "scam PACs," which "pretend to fundraise for major candidates or issues while secretly diverting almost all of their donors' money back into fundraising or the fraudsters' own pockets."
Correction: This article originally said Trump faces 91 federal and state felony charges. The correct number is 88.
Keep ReadingShow Less
Most Popular