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For Immediate Release
September, 22 2008, 02:23pm EDT
Contact:
James Freedland, (212) 519-7829 or 549-2666;
media@aclu.org
Defense Lawyers for 9/11 Detainees Challenge Bias and Political Influence at Guantanamo Proceedings This Week
ACLU and NACDL Appear at Hearings as Civilian Legal Advisors
GUANTANAMO BAY
Appearing before a Guantanamo military commission today, military attorneys and civilian lawyers sponsored by the American Civil Liberties Union's John Adams Project sought to interject a degree of fairness into the deeply flawed system. Among several requests, defense lawyers are asking that all charges be dismissed against the detainees accused of crimes related to the 9/11 attacks because of a history of political interference from Brig. Gen. Thomas Hartmann, a top Pentagon general.
Last Friday, the Department of Defense announced that Hartmann will be "reassigned" to a newly created post - director of court logistics - and replaced by his deputy as the military commissions' legal advisor. Pledging to prosecute detainees at a quick pace, Hartmann said that his goal in his new post is "to keep the process moving, really intensely," an objective that raises questions about trials that cut corners, deny basic fairness and are aimed at convictions rather than uncovering the truth.
"General Hartmann is essentially saying that he will use his authority to run roughshod over these proceedings and deny even the semblance of a fair trial," said Denny LeBoeuf, Director of the ACLU John Adams Project, a partnership with the National Association of Criminal Defense Lawyers (NACDL) to provide civilian lawyers to supplement the under-resourced military defense counsel. "The American people are being denied a fair and open process of adjudication."
In legal papers filed before Hartmann's reassignment, defense lawyers had asked that he be removed from the cases for exerting "unlawful command influence" or that the cases be dismissed. Hartmann's dual role of supervising the prosecution and offering legal advice to the commissions' convening authority, who must make impartial assessments on issues raised by both the prosecution and defense, represented a clear conflict of interest. Hartmann has already been dismissed from three other military commission cases after improperly politicizing them, including that of Salim Hamdan, Osama bin Laden's driver, whose Guantanamo trial concluded in August. The lawyers argued that the cases should still be dismissed because the fairness of the process has already been compromised.
The defense lawyers are also arguing that the convening authority must allow the defense the ability to hire expert consultants or witnesses without first notifying the prosecution about the substance of their requests. Currently, the defense teams must clear each request for expert consultants - including the details of and strategy for their proposed retention - with the prosecution. This practice is typically not required in military courts.
"It is too late to level this playing field. From day one, these flawed commissions, which allow for hearsay, secret evidence and evidence obtained through torture, have stacked the deck in favor of the Bush administration. Once you look at this system, you see that it has no integrity - rules are biased and there is a vast disparity of resources between the government and the defense," said LeBoeuf. "The prosecution has all of the resources of the federal government behind it and, by its own claim, has conducted the 'largest criminal investigation in United States history.' But the defense is supposed to disclose a detailed description of their legal strategy to the prosecution in order to get an expert witness?"
Also at this week's proceedings, which are expected to continue into Tuesday, defense lawyers will follow up with questions of the judge in order to determine his objectivity.
In another example of the secrecy surrounding the Guantanamo proceedings, legal documents related to these and other hearings, normally a matter of public record in traditional courts, are unavailable for release due to military commission rules.
More information on the ACLU and NACDL's John Adams Project is available online at: www.aclu.org/johnadams
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Kenyan Court Rejects Plan for US Ebola Quarantine Center Amid Growing Outbreak
Kenya's largest medical professionals union, which welcomed the ruling, argued that if setting up an Ebola quarantine facility "is too dangerous for America, it is too dangerous for Kenya."
May 29, 2026
A day after US officials said Kenya had approved a request to open a quarantine center for Americans exposed to a rare strain of the Ebola virus, a court in the East African nation on Friday temporarily blocked the plan amid a growing outbreak in neighboring Uganda and the Democratic Republic of Congo.
The High Court prohibited the Kenyan government from establishing or operating any Ebola exposure, quarantine, isolation, or treatment facility in the country under any agreement with the United States or any other foreign government or agency.
The court also blocked Kenya's government from allowing anyone infected with or exposed to Ebola into the country pending the outcome of the case, which was filed by the Katiba Institute, a civil rights group.
“At its core, the case is about preserving constitutional accountability, protecting public health, and ensuring that no government may place expediency above the lives and safety of the people of Kenya,” Katiba Institute executive director Nora Mbagathi said Thursday.
A 50-bed Ebola quarantine center was set to open Friday at Laikipia Air Base in Nanyuki, located approximately 125 miles north of Nairobi. The facility would have been operated by members of the US Public Health Service, a uniformed branch of the Department of Health and Human Services.
US Secretary of State Marco Rubio said Thursday during a Cabinet meeting that “we cannot and will not allow any cases of Ebola to enter the United States."
However, US public health officials strongly criticized the plan to quarantine Americans in Kenya instead of repatriating them, with one emergency physician accusing the Trump administration of “a dramatic abdication of what we owe our own."
Elected leaders in Laikipia County welcomed the High Court's ruling. They had opposed the US quarantine center, and had asked in a joint statement prior to the decision, "Why Laikipia?"
"What does the US government know about this that they are not accepting their own affected citizens into their soil but are ready to have them elsewhere?"
The Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU), which had strongly opposed the quarantine center and had threatened to strike, also welcomed the High Court ruling.
"We are utterly disgusted by the government’s apparent willingness to trade national biosecurity and the lives of its citizens for foreign aid," KMPDU secretary general Davji Bhimji Attelah said in a statement Thursday, referring to the $13.5 million the Trump administration pledged for Ebola preparedness in Kenya, part of a broader $125 million US commitment toward fighting the disease.
Kenyan healthcare workers are pushing back hard against reported plans for the U.S. to establish Ebola quarantine/treatment facilities in Kenya for exposed American personnel during the ongoing Bundibugyo Ebola outbreak in Central/East Africa.
[image or embed]
— BK. Titanji (@boghuma.bsky.social) May 28, 2026 at 11:31 AM
"We will not sit back and watch Kenya be treated as a containment colony for a lethal pathogen that we did not generate," Attelah added. “We will not tolerate an apartheid healthcare model on Kenyan soil. If it is too dangerous for America, it is too dangerous for Kenya."
Critics say President Donald Trump’s ideologically driven decision to withdraw the US from the World Health Organization (WHO), his administration’s dismantling of the US Agency for International Development, and reduced funding for the US Centers for Disease Control and Prevention’s global public health efforts have adversely affected the response to the current Ebola epidemic, compared with 2014 and 2019 outbreaks.
The WHO said Friday that there were a total of 906 suspected Ebola cases and 223 suspected deaths reported in the Democratic Republic of the Congo as of Wednesday, and 125 confirmed cases in the DRC and 9 in Uganda, with 18 deaths among the confirmed cases in both countries.
Ebola—which typically kills between 25% and 90% of infected people, depending upon the strain of the virus and quality of available medical care—causes widespread and often catastrophic damage to the body’s blood vessels, immune system, and organs. The virus is transmitted to people from wild animals, including fruit bats, porcupines, and non-human primates, and then spreads between humans through direct contact with the blood or bodily fluids of infected people.
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3 Months of Trump's Disastrous Iran War Has Cost US Consumers $60 Billion in Extra Energy Costs
The average US household, according to Moody's, has shouldered nearly $450 in extra fuel costs due to the Republican president's unprovoked Middle East war.
May 29, 2026
Americans have made clear since President Donald Trump joined Israel in beginning an unprovoked war on Iran that they view the conflict-of-choice as damaging to their financial well-being—and that they blame the president for the higher cost of fuel since the war started in February.
On Friday, Moody's Analytics put an exact number on the heightened financial anxiety families across the country have been feeling over the past three months as Iran's closure of the Strait of Hormuz has sent fuel prices soaring: $447.19.
That's how much the average US household has had to additionally spend on fuel-related expenses since Trump and Israeli Prime Minister Benjamin Netanyanu launched their attack on February 28, Moody's told CNBC.
Altogether, Americans have spent a total of nearly $60 billion on gas, airline fares, and other related costs as the strait, a key shipping route for oil, has remained effectively closed.
According to AAA, the average price of a gallon of regular gas stands at $4.39—up close to 50% since early March. Diesel now costs $5.52 per gallon, forcing consumers to pay $20 billion more in additional expenses on groceries and other goods.
"The economy isn’t just soft, it’s struggling," Mark Zandi, Moody's chief economist, said Thursday. "The Iran war needs to end, and the Strait of Hormuz needs to be reopened soon, or recession will become more likely than not."
"Unless the war ends soon, financially pressed consumers will have no option but to turn more cautious in their spending."
As CNBC reported Friday, "higher energy costs can force consumers to raid their savings and lean more on debt to cover expenses."
Trump flatly said earlier this month that he doesn't consider Americans' financial situation "even a little bit" when it comes to the war on Iran, while National Economic Council Director Kevin Hassett posited earlier this week that Americans are "spending more money" not because higher prices are forcing them to but because they're "very, very optimistic about the state of the economy." He also bragged recently that "credit card spending is through the roof"—a sign several observers took not as a positive omen for the economy but as a sign that families are being forced to take on debt to pay for gas and other essentials.
Zandi provided a reality check Friday.
"Unless the war ends soon, financially pressed consumers will have no option but to turn more cautious in their spending, threatening the already soft economy,” he told CNBC, warning that families could end up spending nearly $2,000 extra on fuel-related costs if the war continues reaches the one-year mark.
Republicans emphasized last year that Trump's One Big Beautiful Bill Act would give bigger tax returns to families across the country. Any benefit, said Zandi, has now been canceled out by the president's war.
On Thursday, US Sens. Elizabeth Warren (D-Mass.), Chuck Schumer (D-NY), and Jeff Merkley (D-Ore.) said the White House is in denial about the fact that Americans are struggling with the impact of Trump's foreign policy decisions as the Pentagon vastly underestimates how much the conflict has cost in public statements.
The acting comptroller of the Pentagon told Congress in April that the war had cost $25 billion, increasing the estimate to $29 billion two weeks later.
The senators told the Congressional Budget Office Friday that independent analyses had put the real cost of the war at $40 billion-$50 billion.
“It is essential," said the lawmakers, "that Congress and the American public receive accurate, comprehensive estimates of the costs of the war in Iran."
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'By This Logic, Any Protest Could Be a Conspiracy': Conviction of Spokane ICE Protesters Raises Free Speech Concerns
"We were guinea pigs," said the father of one of the convicted protesters. "They brought the swamp of Washington, DC, into our area to stop American citizens from exercising our rights that are guaranteed."
May 29, 2026
With the conviction of three anti-ICE protesters in Spokane, Washington on federal "conspiracy" charges Thursday, civil rights advocates and legal experts fear that the Trump administration may have just been handed a powerful tool to criminalize dissent.
Jac Archer, Justice Forral, and Bajun Mavalwalla II, nicknamed the "Spokane 3," were indicted last year for their actions at a protest in June 2025, where they attempted to physically obstruct ICE agents from transporting two Venezuelan immigrants to an ICE processing facility in Tacoma.
Both of the men reportedly entered the US legally under a humanitarian parole program that had been terminated by the Trump administration, leading advocates to protest their detention.
As Spokesman-Review, a Spokane newspaper, described:
Protesters that day eventually began linking arms around vans and in front of agents’ cars. The event grew chaotic. ICE agents entered a crowd of people standing outside the facility’s parking lot gate and began grabbing people by the necks and arms, pushing them to the ground. Protesters also slashed tires of vans meant to transport the detainees.
But where such activity would usually lead to charges against specific protesters for discrete illegal actions like trespassing, property damage, or other public order offenses, the Department of Justice (DOJ)—as part of a nationwide effort to crack down on protests against ICE—charged nine protesters with "conspiracy to impede or injure officers," even though no officers were actually injured during the protest.
Legal experts described it as a novel approach that wrapped many people involved in the protest into a single "conspiracy" regardless of whether they committed specific criminal acts.
“Usually if a protest gets out of hand and people are hurt or property is hurt, you see charges based on that,” Mary Fan, a former federal prosecutor and a University of Washington law professor, told The New York Times earlier this month. “They’re not going after people based on specific harm done. They’re stretching conspiracy charges to target protesters and people who organize protests.”
Facing pressure from the federal government to bring the case following a national memo sent from the DOJ to prioritize and publicize cases against ICE agents, then-acting US Attorney for Eastern Washington Richard Barker resigned last year rather than bring charges against the protesters.
He said at the time he was grateful he “never had to sign an indictment or file a brief that [he] didn’t believe in." His successor, Stephanie Van Marter, however, did sign the order.
Six of the defendants pleaded guilty to the charges to avoid federal prison time. But Archer, Forral, and Mavalwalla chose to fight them, believing the case was part of an unjust attempt to criminalize their right to protest.
After a trial that lasted seven days, a jury found the three defendants guilty of conspiracy. But the defense has argued that the trial was marred by problems that rendered the verdict faulty.
As the Guardian explained:
In February, a federal judge ordered the release of a Venezuelan migrant whose transportation for deportation the protesters sought to block, ruling his arrest violated the constitution.
But the jury, drawn from conservative eastern Washington state, did not hear those facts at trial, thanks to rulings by Judge [Rebecca] Pennell. Pennell, a former federal public defender and appointee of the Democratic president Joe Biden, also ruled the protesters on trial could not use the First Amendment as a defense, though they were allowed to state their reasons for demonstrating.
Instead, the jury watched hours of law enforcement body camera video and heard from a parade of ICE agents... Jeremy Burlingame, an ICE agent who testified, had authored social media posts that called Black politicians “lying ghetto garbage” and transgender people “mentally ill.” He boosted a post showing ICE arresting a pregnant woman at gunpoint that called her a “pregnant invader.”
Federal prosecutors deemed the posts troubling enough to recall Burlingame to impeach him, despite the fact that he was their witness...
But Burlingame’s online posts, the lack of injury to ICE officers, and the absence of evidence showing communication between the three defendants prior to the protest were not enough to sway the jury.
The defendants now face potential sentences of up to six years in prison and a $250,000 fine. However, they are expected to appeal the verdict and have filed a rarely used motion allowing their attorneys to argue that no rational juror could find their clients guilty.
"I question whether justice truly was served by today’s verdict,” Barker told the Spokesman-Review. "This was the first conspiracy prosecution in Eastern Washington history under... a Civil War-era law dusted off to punish members of the Spokane community who stood up for two young men who were unlawfully detained by ICE."
Video by KREM 2 News/Youtube
Looking beyond the details of the trial itself, many observers questioned the very premise of the DOJ's prosecution.
Spokane Mayor Lisa Brown said from the start of the trial she believed it was "politically motivated."
"It was meant to make an example out of people who disagreed with federal immigration policy," she said.
City council member Sarah Dixit, who said she took part in the protest, said: "Based on the evidence that was shown, I personally didn’t see evidence of what they were accused of. Conspiracy is a charge that feels complicated to prove, and I don’t believe that the government made a strong case for that.”
Others expressed fear for the precedent that had been set. La Rond Baker, the legal director of the Washington ACLU, said the Trump administration "has a demonstrable history of using the Department of Justice to silence and punish its critics."
The administration has pursued similar sweeping conspiracy charges against other groups of anti-ICE protesters around the country—including in Los Angeles, Broadview, Illinois, and North Texas.
“The verdict was painfully disappointing,” said Archer’s attorney, Carl Oreskovich. “I think it was an extraordinarily aggressive approach to prosecution of protests. And it certainly is going to chill people who want to utilize their First Amendment right to dissent against government actions that they don’t agree with."
In a comment to The Guardian, Robert Chang, a law professor at the University of California, Irvine School of Law and executive director of its Fred T. Korematsu Center for Law and Equality, said the verdict was "frightening."
“By this logic, any protest could be a conspiracy,” he said. “The goal posts keep moving.”
Bajun Mavalwalla Sr., a retired US Army intelligence officer who served in Afghanistan, said his son—also a veteran of the same war—and the other two defendants were standing for "the freedoms that separate this country from the dictatorships.”
“People in Spokane and people in Eastern Washington need to understand that we were guinea pigs. That they brought the swamp of Washington, DC, into our area to stop American citizens from exercising our rights that are guaranteed,” the elder Mavalwalla said after his son was convicted.
“It was the whole point of the Constitution, the right to protest, the right to dissent, the right to assemble, all of those things are now in question because of this case," he said. "My son has taken the brunt of the entire weight of the United States government onto their shoulders.”
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