SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
"Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantanamo," said CCR's Baher Azmy. (Photo: Justin Norman/flickr/cc)
Lawyers representing a group of men held for over a decade without charge at Guantanamo asked a federal court on Wednesday to provide judicial intervention to stop the men's arbitrary and unlawful imprisonment--continued detention, the legal team says, that is fueled by President Donald Trump's "executive hubris and raw animus."
\u201cHistoric Guant\u00e1namo hearing begins in Washington D.C. in an hour. Why is it important? Reprieve Guant\u00e1namo attorney Shelby Sullivan-Bennis explains #Guantanamo #HumanRights\u201d— Reprieve (@Reprieve) 1531317062
"Our dangerous experiment in indefinite detention, after 16 years, has run its course," said Baher Azmy, legal director at the Center for Constitutional Rights (CCR), who argued before Judge Thomas Hogan of the U.S. District Court for the District of Columbia.
\u201cWe\u2019re in court tomorrow to argue for Gtmo detainees that their detention w/o charge for 16 years is illegal and they should be released. If release after 16 years in prison w/o charge sounds controversial, it\u2019s only because we have totally lost our way in these times\u201d— Pardiss Kebriaei (@Pardiss Kebriaei) 1531252173
CCR, human rights organization Reprieve, and other counsel filed on January 11--the offshore prison's 16th anniversary--a challenge to the men's indefinite detention. The habeas corpus motion (pdf) references the "devastating psychological and physiological consequences" and "conditions devised to break human beings" the men continue to experience. In addition to violating the constitutional right to due process, the motion argues:
[Trump's] defiant policy exceeds his authority under the 2001 Authorization for "Use of Military Force ("AUMF"), which permits detention only for the narrow purpose of preventing the return of detainees to the battlefield. Instead, the policy is a symbolic, indifferentiated assertion of this president's expectation of absolute executive authority and a rejection of the policy framework that has governed Guantanamo detentions for years. Not least, it is a demonstration of his antipathy to ward this prisoner population, all foreign-born Muslim men, and toward Muslims more broadly, of the kind courts have properly rejected in recent months.
"The government says my detention is legal because of the indefinite war against terrorism. When terrorism ends, the war will end. So, never," said 43-year-old Sharqawi Al Hajj, a Yemeni who's been detained without charge since 2002. His is among the separate 8 motions Judge Hogan heard.
Al Hajj and the other petitioners, however, were not allowed to listen to their own hearing. The government, which spends over $10 million a year per detainee at Guantanamo, said it didn't have a room to accommodate all the shackled men listening to a live feed. The court agreed with the government that a transcript would suffice.
According to a press statement from Reprieve, Judge Hogan asked U.S. Justice Department attorney Ronald Wiltsie if the AUMF justification would allow the government to detain the men for 116 years.
"Yes," Wiltsie said. "We are still engaged with the same battle foes in the same battle space."
As Azmy stressed, "Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantanamo. That position is based not on a meaningful assessment of any actual threat, but on Trump's animosity towards Muslims, including these foreign-born prisoners at Guantanamo--the height of arbitrariness. Short of judicial intervention, Trump will succeed."
Dear Common Dreams reader, The U.S. is on a fast track to authoritarianism like nothing I've ever seen. Meanwhile, corporate news outlets are utterly capitulating to Trump, twisting their coverage to avoid drawing his ire while lining up to stuff cash in his pockets. That's why I believe that Common Dreams is doing the best and most consequential reporting that we've ever done. Our small but mighty team is a progressive reporting powerhouse, covering the news every day that the corporate media never will. Our mission has always been simple: To inform. To inspire. And to ignite change for the common good. Now here's the key piece that I want all our readers to understand: None of this would be possible without your financial support. That's not just some fundraising cliche. It's the absolute and literal truth. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. Will you donate now to help power the nonprofit, independent reporting of Common Dreams? Thank you for being a vital member of our community. Together, we can keep independent journalism alive when it’s needed most. - Craig Brown, Co-founder |
Lawyers representing a group of men held for over a decade without charge at Guantanamo asked a federal court on Wednesday to provide judicial intervention to stop the men's arbitrary and unlawful imprisonment--continued detention, the legal team says, that is fueled by President Donald Trump's "executive hubris and raw animus."
\u201cHistoric Guant\u00e1namo hearing begins in Washington D.C. in an hour. Why is it important? Reprieve Guant\u00e1namo attorney Shelby Sullivan-Bennis explains #Guantanamo #HumanRights\u201d— Reprieve (@Reprieve) 1531317062
"Our dangerous experiment in indefinite detention, after 16 years, has run its course," said Baher Azmy, legal director at the Center for Constitutional Rights (CCR), who argued before Judge Thomas Hogan of the U.S. District Court for the District of Columbia.
\u201cWe\u2019re in court tomorrow to argue for Gtmo detainees that their detention w/o charge for 16 years is illegal and they should be released. If release after 16 years in prison w/o charge sounds controversial, it\u2019s only because we have totally lost our way in these times\u201d— Pardiss Kebriaei (@Pardiss Kebriaei) 1531252173
CCR, human rights organization Reprieve, and other counsel filed on January 11--the offshore prison's 16th anniversary--a challenge to the men's indefinite detention. The habeas corpus motion (pdf) references the "devastating psychological and physiological consequences" and "conditions devised to break human beings" the men continue to experience. In addition to violating the constitutional right to due process, the motion argues:
[Trump's] defiant policy exceeds his authority under the 2001 Authorization for "Use of Military Force ("AUMF"), which permits detention only for the narrow purpose of preventing the return of detainees to the battlefield. Instead, the policy is a symbolic, indifferentiated assertion of this president's expectation of absolute executive authority and a rejection of the policy framework that has governed Guantanamo detentions for years. Not least, it is a demonstration of his antipathy to ward this prisoner population, all foreign-born Muslim men, and toward Muslims more broadly, of the kind courts have properly rejected in recent months.
"The government says my detention is legal because of the indefinite war against terrorism. When terrorism ends, the war will end. So, never," said 43-year-old Sharqawi Al Hajj, a Yemeni who's been detained without charge since 2002. His is among the separate 8 motions Judge Hogan heard.
Al Hajj and the other petitioners, however, were not allowed to listen to their own hearing. The government, which spends over $10 million a year per detainee at Guantanamo, said it didn't have a room to accommodate all the shackled men listening to a live feed. The court agreed with the government that a transcript would suffice.
According to a press statement from Reprieve, Judge Hogan asked U.S. Justice Department attorney Ronald Wiltsie if the AUMF justification would allow the government to detain the men for 116 years.
"Yes," Wiltsie said. "We are still engaged with the same battle foes in the same battle space."
As Azmy stressed, "Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantanamo. That position is based not on a meaningful assessment of any actual threat, but on Trump's animosity towards Muslims, including these foreign-born prisoners at Guantanamo--the height of arbitrariness. Short of judicial intervention, Trump will succeed."
Lawyers representing a group of men held for over a decade without charge at Guantanamo asked a federal court on Wednesday to provide judicial intervention to stop the men's arbitrary and unlawful imprisonment--continued detention, the legal team says, that is fueled by President Donald Trump's "executive hubris and raw animus."
\u201cHistoric Guant\u00e1namo hearing begins in Washington D.C. in an hour. Why is it important? Reprieve Guant\u00e1namo attorney Shelby Sullivan-Bennis explains #Guantanamo #HumanRights\u201d— Reprieve (@Reprieve) 1531317062
"Our dangerous experiment in indefinite detention, after 16 years, has run its course," said Baher Azmy, legal director at the Center for Constitutional Rights (CCR), who argued before Judge Thomas Hogan of the U.S. District Court for the District of Columbia.
\u201cWe\u2019re in court tomorrow to argue for Gtmo detainees that their detention w/o charge for 16 years is illegal and they should be released. If release after 16 years in prison w/o charge sounds controversial, it\u2019s only because we have totally lost our way in these times\u201d— Pardiss Kebriaei (@Pardiss Kebriaei) 1531252173
CCR, human rights organization Reprieve, and other counsel filed on January 11--the offshore prison's 16th anniversary--a challenge to the men's indefinite detention. The habeas corpus motion (pdf) references the "devastating psychological and physiological consequences" and "conditions devised to break human beings" the men continue to experience. In addition to violating the constitutional right to due process, the motion argues:
[Trump's] defiant policy exceeds his authority under the 2001 Authorization for "Use of Military Force ("AUMF"), which permits detention only for the narrow purpose of preventing the return of detainees to the battlefield. Instead, the policy is a symbolic, indifferentiated assertion of this president's expectation of absolute executive authority and a rejection of the policy framework that has governed Guantanamo detentions for years. Not least, it is a demonstration of his antipathy to ward this prisoner population, all foreign-born Muslim men, and toward Muslims more broadly, of the kind courts have properly rejected in recent months.
"The government says my detention is legal because of the indefinite war against terrorism. When terrorism ends, the war will end. So, never," said 43-year-old Sharqawi Al Hajj, a Yemeni who's been detained without charge since 2002. His is among the separate 8 motions Judge Hogan heard.
Al Hajj and the other petitioners, however, were not allowed to listen to their own hearing. The government, which spends over $10 million a year per detainee at Guantanamo, said it didn't have a room to accommodate all the shackled men listening to a live feed. The court agreed with the government that a transcript would suffice.
According to a press statement from Reprieve, Judge Hogan asked U.S. Justice Department attorney Ronald Wiltsie if the AUMF justification would allow the government to detain the men for 116 years.
"Yes," Wiltsie said. "We are still engaged with the same battle foes in the same battle space."
As Azmy stressed, "Due process of law does not permit the arbitrary detention of individuals, particularly at the hands of a president like Donald Trump, who has pledged to prevent any releases from Guantanamo. That position is based not on a meaningful assessment of any actual threat, but on Trump's animosity towards Muslims, including these foreign-born prisoners at Guantanamo--the height of arbitrariness. Short of judicial intervention, Trump will succeed."