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Documents obtained through a Freedom of Information Act lawsuit confirm Department of Defense involvement in the CIA's ghost detention program, revealed three prominent human rights groups today. The groups--Amnesty International USA (AIUSA), the Center for Constitutional Rights (CCR), and the Center for Human Rights and Global Justice (CHRGJ)--today released documents obtained from the U.S. Department of Defense (DOD) and U.S. Department of State (DOS), resulting from their lawsuit seeking the disclosure of government documents that relate to secret detention, extraordinary rendition, and torture. At a public press conference, the groups revealed that these documents confirm the existence of secret prisons at Bagram and in Iraq; affirm the DOD's cooperation with the CIA's ghost detention program; and show one case where the DOD sought to delay the release of Guantanamo prisoners who were scheduled to be sent home by a month and a half in order to avoid bad press.
"These newly released documents confirm our suspicion that the tentacles of the CIA's abusive program reached across agency lines," said Margaret Satterthwaite, Director of the NYU International Human Rights Clinic. "In fact, it is increasingly obvious that defense officials engaged in legal gymnastics to find ways to cooperate with the CIA's activities. A full accounting of all agencies must now take place to ensure that future abuses don't continue under a different guise."
While 928 of the 950 pages of documents from the Transportation Command of the DOD are reprinted news articles, there is one internal email dated February 17, 2006--relating to Guantanamo detainees scheduled for release--that is of note. It recommends "hold[ing] off on return flights for 45 days or so until things die down. Otherwise we are likely to have hero's welcomes awaiting the detainees when they arrive." The email also recommends transfer in a smaller, more discrete plane and has attached a reference to the United Nations (UN) report released around that time criticizing Guantanamo.
"It is astonishing that the government may have delayed releasing men from Guantanamo in order to avoid bad press," said CCR attorney Gitanjali Gutierrez, who represents many of the men held in Guantanamo and has made 30 trips to the base since 2004. "Proposing to hold men for a month and a half after they were deemed releasable is inexcusable. The Obama Administration should avoid repeating this injustice and release the innocent individuals with all due haste."
The 78 documents obtained from the DOS consist of 55 copies of press reports, transcripts of press briefings and public statements, or talking points for use with the press and public; seven public reports by NGOs, UN bodies, and the U.S. government; and 16 internal documents that disclose no new information.
The 2007 lawsuit is based on Freedom of Information Act (FOIA) requests dating back to 2004. Morrison & Foerster LLP serves as co-counsel in the case. Previous government releases also included documents largely already in the public record, including, in one instance, a copy of the Geneva Conventions.
"Out of thousands of pages, most of what might be of interest was redacted," said Tom Parker, Policy Director for Counterterrorism, Terrorism and Human Rights, for AIUSA. "While the sheer number of pages creates the appearance of transparency, it is clear this is only the tip of the iceberg and that the government agencies have not complied with spirit of President Obama's memo on Freedom of Information Act (FOIA) requests. We call on Attorney General Eric Holder and the Obama administration to put teeth into the memo and work actively to comply with FOIA requests."
Examples of DOD Joint Chiefs of Staff (JS) and TRANSCOM Documents of Interest:
* JS 986 (May 28, 2004 Information Paper :"Applicability of Geneva Conventions to "Ghost Detainees" in Iraq) shows that the DOD interpreted the "security internee" provisions of the Geneva Conventions to allow for "ghosting" of detainees by prohibiting the International Committee of the Red Cross (ICRC) from visiting. It also shows that the DOD recognized that indefinitely prohibiting the ICRC from visiting or failing to notify the ICRC of the existence of detainees was illegal under the Geneva Conventions.
* JS 1026 & 1048 (Identical pages with different redactions from the Vice Chairman of the Joint Chiefs of Staff's "Detainee Update" presentation regarding "Internment Serial Number Policy [ISN]," appear to be dated August 2005) show that the DOD did not, as a matter of course, register detainees with the ICRC until they had been in custody for up to 14 days and that authorization was sought to hold some individuals for up to 30 days without ISN/registry with ICRC to "maximize intelligence collection," even though "there is some disagreement as to legal basis to go beyond 14 days." These policies demonstrate the ease with which the CIA could have used DOD facilities as "sorting facilities" without having to worry about ICRC oversight or revelation of the ghost detainee program.
* JS 712, 713, 903, 919 (December 8, 2005, records from Detainee Senior Leadership Oversight Council Meeting) contain references to a previously unreleased section of the Church Report and discuss the need for the DOD to develop and enforce guidelines governing their relationship with "Other Government Agencies," including the CIA, in order to regulate interrogation and other "operations overseas." These documents demonstrate that the DOD and CIA were in an ad hoc relationship, apparently unconstrained by formal guidelines.
* TRANSCOM 1 (February 17, 2006, email exchange between unnamed USTRANSCOM Political Advisor and General Norton Schwartz, then TRANSCOM Commander, currently the Air Force Chief of Staff) shows that in early 2006, in response to the release of a critical UN special rapporteur report on Guantanamo, high-level personnel within the US Transportation Command discussed delaying the return of releasable Guantanamo detainees to avoid bad press.
* JS 43 (July 25, 2007, ICRC Report of Undisclosed Detention Facility at Bagram) Highly redacted report from ICRC concerning secret detention facility at Bagram Air Force Base.
* Multiple Records detail the implementation of recommendations from the Ryder Report concerning detainee operations in Iraq, including the need to develop appropriate programs for juveniles and mentally ill detainees. The records also review in detail the efforts to implement the recommendations from numerous reports related to detainee operations, including the following
* The records from the Joint Chiefs of Staff include:
AIUSA, CCR, and NYU CHRJG filed FOIA requests with several U.S. government agencies, including the CIA, DOD, DOS, DOJ, and DHS beginning in 2004. This is the first time the DOD has provided any documents in response.
To see the most recent documents from the DOD and DOS, as well as the prior filings and the documents previously released through this litigation, click here.
For more information or copies of legal filings in the case and released documents, please contact jnessel@ccrjustice.org, opgenhaffen@juris.law.nyu.edu, or ssingh@aiusa.org,.
For more information about the organizations involved, please see their websites: www.ccrjustice.org, www.chrgj.org and www.amnestyusa.org.
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) 614-6464"Trump's outrageous attack on the DOJ and FBI is a clear and present danger to public safety, and a wrecking ball swinging at the rule of law," Rep. Jamie Raskin said.
The Trump Department of Justice made moves on Friday to fire FBI employees and prosecutors who were involved with the government's cases against U.S. President Donald Trump and the participants in the January 6, 2021 attack on the U.S. Capitol.
First, on Thursday, several senior FBI officials—stationed both at headquarters and in the field—were told to either resign or be fired. Then, at 5 pm Eastern Time on Friday, dozens of DOJ prosecutors who worked on January 6 cases received an email saying they had been fired. Also on Friday, an email sent to FBI employees told them that acting Deputy Attorney General Emil Bove, who previously represented Trump in the cases against him, had requested a list of everyone who had worked on January 6 cases "to determine whether any additional personnel actions are necessary."
"Firing the FBI agents who investigated violent attacks against police officers on January 6 would set a dangerous precedent and make all of us less safe," Stand Up America executive director Christina Harvey said in a statement. "This is a shameless act of political retribution that weakens federal law enforcement and the rule of law."
"This is a massacre meant to chill our efforts to fight crime without fear or favor."
The FBI higher-ups forced out included the agency's six most senior executives as well as more than 20 directors of field offices including Washington, D.C., Miami, Los Angeles, Philadelphia, New Orleans, Seattle, and Las Vegas. The targeted officials had been promoted by former FBI Director Christopher Wray, according toThe New York Times. The Washington, D.C. field office worked extensively on Special Counsel Jack Smith's investigations into Trump's mishandling of classified documents and involvement in the January 6 insurrection, as well as the investigations of the rioters themselves, NBC News reported. One source toldThe Hill that agents who had worked on the cases were physically escorted out of the D.C. field office on Friday.
NBC reported that several of the senior officials had chosen to retire, even though they could have challenged their dismissals as nonpolitical appointees subject to civil service regulations.
Many of the agents received the ultimatum the same day that U.S. President Donald Trump's nominee to head the FBI, Kash Patel, promised in his Senate confirmation hearing that he would not retaliate against any agents who worked on the Trump cases and was not aware of any attempts to do so.
"All FBI employees will be protected against political retribution," Patel told the Senate.
Trump, meanwhile, said on Friday that he was not aware of the firings, but added, "If they fired some people over there, that's a good thing, because they were very bad. They were very corrupt people, very corrupt, and they hurt our country very badly with the weaponization."
Another memo sent by Bove to acting FBI Director Brian J. Driscoll Jr. laid the groundwork for more firings, as Driscoll was asked to submit a list of all agents and employees "assigned at any time to investigations and/or prosecutions" related to January 6, as The New York Times reported. Field offices received a similar request from the FBI's counterterrorism division. Bove also asked for a list of agents who worked on a case against Hamas leadership, though it is not clear why.
One employee toldCNN that the January 6 case was the largest case the bureau had ever worked on, observing that "everyone touched that case."
In an email to staff on Friday reported by NBC, Driscoll noted, "We understand that this request encompasses thousands of employees across the country who have supported these investigative efforts," adding, "I am one of those employees."
"This is a massacre meant to chill our efforts to fight crime without fear or favor," another anonymous agent told CNN. "Even for those not fired, it sends the message that the bureau is no longer independent."
The FBI Agents Association, which represents over 14,000 active and former agents, issued a scathing statement on Friday.
"If true, these outrageous actions by acting officials are fundamentally at odds with the law enforcement objectives outlined by President Trump and his support for FBI Agents," the association said. "Dismissing potentially hundreds of agents would severely weaken the bureau's ability to protect the country from national security and criminal threats and will ultimately risk setting up the bureau and its new leadership for failure. These actions also contradict the commitments that Attorney General-nominee Pam Bondi and Director-nominee Kash Patel made during their nomination hearings before the United States Senate."
The group added that Patel had promised association members in a meeting that "agents would be afforded appropriate process and review and not face retribution based solely on the cases to which they were assigned."
Finally on Friday, DOJ prosecutors received an email from Interim U.S. Attorney Ed Martin, telling them they were being fired and including a memo from Bove. The fired prosecutors had been hired to work on the January 6 cases and were made permanent by the Biden administration following the November election. In his memo, Bove suggested the prosecutors had been made permanent in an inappropriate attempt to protect them from being fired.
"I will not tolerate subversive personnel actions by the previous administration at any U.S. Attorney's Office," Bove wrote, as POLITICO reported. "Too much is at stake. In light of the foregoing, the appropriate course is to terminate these employees."
One of the impacted prosecutors told POLITICO that 25 to 30 people were let go.
"This attack on the Justice Department and particularly on the FBI is the beginning of America's first true era of dictatorship."
The latest round of DOJ firings comes days after the Trump administration already fired a dozen lawyers who had helped bring Smith's two cases against Trump. They also come a week after Trump's firing of 12 inspectors general. Trump also pardoned all approximately 1,500 people involved in the January 6 insurrection on his first day in office.
News of the FBI and DOJ firings sparked ire from Democratic lawmakers.
"Trump's outrageous attack on the DOJ and FBI is a clear and present danger to public safety, and a wrecking ball swinging at the rule of law," said Rep. Jamie Raskin (D-Md.), ranking member of the House Committee on the Judiciary, in a statement. "Trump wants to send the message to the police and federal officers that the law doesn't apply to Trump and his enablers. It's also part of his campaign to replace nonpartisan career civil servants with political loyalists and incompetent sycophants. Trump's moves have already left the Justice Department and the FBI rudderless and adrift by ousting their career senior ranks. Now, these unprecedented purges of hundreds of prosecutors, staff, and experienced law enforcement agents will undermine the government's power to protect our country against national security, cyber, and criminal threats."
"The loyal friend of autocrats, kleptocrats, oligarchs, and broligarchs, Trump doesn't care about the requirements of democracy, national security, and public safety," Raskin continued. "His agenda is vengeance and retribution. If allowed to proceed, Trump's purge of our federal law enforcement workforce will expose America to authoritarianism and dictatorship."
Sen. Dick Durbin, (D-Ill.), who serves on the Judiciary Committee, called the firings "a major blow to the FBI and Justice Department's integrity and effectiveness."
"This is a brazen assault on the rule of law that also severely undermines our national security and public safety," Durbin continued. "Unelected Trump lackeys are carrying out widespread political retribution against our nation's career law enforcement officials. President Trump would rather have the FBI and DOJ full of blind admirers and loyalists than experienced law enforcement officers."
Rep. Jim Himes (D-Conn.) also decried the firings and cast doubt on the integrity of Bondi and Patel, whom Trump had tapped to lead the DOJ and FBI respectively.
"Pam Bondi and Kash Patel both committed to protecting the Department of Justice and the FBI from politics and weaponization. If these reports are true, it's clear they misled the Senate," Himes said. "As ranking member of the House Intelligence Committee, I have repeatedly asked the FBI for more information about these reports and will insist on answers."
Fellow Connecticut Democrat Rep. Rosa DeLauro wrote on social media: "Priority #1 for the Trump administration: Protect the lawless and purge those who uphold the law. The firing of FBI agents and federal prosecutors without cause is an assault on the rule of law and law enforcement. It leaves Americans vulnerable and less safe. We will push back."
As Democrats promised action, Harvey of Stand Up America also called on Republican lawmakers to respond.
"This is not about public safety—it's about revenge and control," Harvey said. "Removing experienced law enforcement professionals and replacing them with political loyalists puts all of our safety at risk. If there are any Republican senators left who care about protecting the rule of law and public safety, they should oppose this dangerous purge and reject Kash Patel's nomination as FBI Director."
Progressive political commenter Thom Hartmann urged U.S. citizens to call their representatives.
"Let's just call these mass firings at Justice and the FBI what they are. Donald Trump is a lawless man who is ripping apart the FBI to turn it into a banana republic-style group of enforcing thugs who will only do his will," Hartmann wrote on his Substack Saturday morning. "They will spare his friends and persecute his enemies. We've seen this over and over during the past century in countries all over the world; it's nothing new. It's just that we never expected to see it here in America."
"[Russian President Vladimir] Putin dreamed for most of his life of destroying America; he now has a friend who is doing it for him. This attack on the Justice Department and particularly on the FBI is the beginning of America's first true era of dictatorship. The only question now is how long and how far Democratic and Republican politicians and career government employees will tolerate this, and, when their resistance comes, whether it will be too late. The phone number for Congress is 202-224-3121."
"Congress famously has the power of the purse," wrote one expert. "But it looks like DOGE is trying to snatch it."
Reporting Friday that aides to Elon Musk—the billionaire backer of Republican President Donald Trump who runs the Department of Government Efficiency—locked career civil servants out of computer systems containing the personal data of millions of federal employees raised alarms among observers who said the move is consistent with the administration's efforts to assert authoritarian control over the federal government.
An unnamed official at the Office of Personnel Management (OPM) toldReuters that "we have no visibility" into what Musk aides "are doing with the computer and data systems," and "that is creating great concern."
"There is no oversight," the official said, adding that "it creates real cybersecurity and hacking implications."
No one elected Musk and he holds no official position—and yet: “Aides to Elon Musk charged with running the US government human resources agency have locked career civil servants out of computer systems that contain the personal data of millions of federal employees” www.reuters.com/world/us/mus...
[image or embed]
— Leah McElrath (@leahmcelrath.bsky.social) January 31, 2025 at 12:50 PM
The Reuters report came on the same day that The Washington Post reported that David Lebryk, who has worked in nonpolitical positions at the U.S. Treasury Department since the George H.W. Bush administration, will retire following "a clash with allies of billionaire Elon Musk over access to sensitive payment systems."
As the Post noted:
Run by the Bureau of the Fiscal Service, the sensitive systems control the flow of more than $6 trillion annually to households, businesses, and more nationwide. Tens, if not hundreds, of millions of people across the country rely on the systems, which are responsible for distributing Social Security and Medicare benefits, salaries for federal personnel, payments to government contractors and grant recipients, and tax refunds, among tens of thousands of other functions.
The clash reflects an intensifying battle between Musk and the federal bureaucracy as the Trump administration nears the conclusion of its second week. Musk has sought to exert sweeping control over the inner workings of the U.S. government, installing longtime surrogates at several agencies, including the Office of Personnel Management, which essentially handles federal human resources, and the General Services Administration, which manages real estate.
On Friday, the Trump administration ordered the General Services Administration to create a plan to slash 50% from the independent agency's budget, according to journalist Ken Klippenstein, who reported senior officials were left looking "shell-shocked'" by the directive.
Lebryk's announcement underscored what critics have warned is an aggressive push by Musk and other unelected Trump acolytes to sideline civil servants as part of an agenda in which MAGA sycophants are empowered to weaken government checks and balances and ensure total loyalty to the president, who has repeatedly flirted with authoritarianism.
In a Friday article highlighting Lebryk's announcement, Gizmodo's Matt Novak reported that "while it's not clear why [Department of Government Efficiency] wants access, experts are alarmed because there's basically no plausible explanation that doesn't involve tinkering with critical government functions by sidestepping Congress."
"Lebryk's departure is apparently related to the interference by DOGE-affiliated goons to access these payment systems," Novak asserted.
Common Dreamsreported earlier this week that Trump loyalists in the OPM and Office of Management and Budget associated with Project 2025—the Heritage Foundation-led blueprint for a far-right takeover of the federal government—are leading a sweeping effort to purge career civil servants and replace them with officials who will do the president's bidding without question.
Don Moynihan, a professor at the University of Michigan's Ford School of Public Policy, toldReuters Friday that "this makes it much harder for anyone outside Musk's inner circle at OPM to know what's going on."
Despite its name, DOGE is a presidential advisory committee, not a federal department—and critics including Novak have accused the billionaire Trump supporter of reaching "his tentacles into virtually every agency."
"Congress famously has the power of the purse," he wrote. "But it looks like DOGE is trying to snatch it."
Earlier this week, Congressman Gerry Connolly (D-Va.), the ranking member of the House Committee on Oversight and Government Reform, warned that Trump "is trying every trick he and his Project 2025 cronies can think of to circumvent established civil service protections so they can purge the civil service of experts and replace them with political loyalists."
"The victims here, as is always the case with Donald Trump, are the American people who will see government services and benefits allocated not by nonpartisan civil servants, but by partisan hacks," Connolly added.
Mark Mazur, who served in senior Treasury Department roles during the Obama and Biden administrations, told the Post Friday that the prospect of government officials using the federal payments system in service of personal political motives is without precedent.
"It's never been used in a way to execute a partisan agenda," Mazur stressed. "You have to really put bad intentions in place for that to be the case."
"This administration's reckless plan to block federal funding has already caused chaos, confusion, and conflict throughout our country," said New York's attorney general, who is leading the legal challenge.
A federal judge in Rhode Island on Friday delivered another blow to U.S. President Donald Trump's effort to dramatically overhaul the government, temporarily blocking the Republican's funding freeze that sparked chaos and confusion this week.
U.S. District Judge John J. McConnell Jr. granted a temporary restraining order in response to a lawsuit filed by the attorneys general of the District of Columbia and 22 states. His move came after Washington, D.C.-based District Judge Loren AliKhan issued an administrative stay that blocked Trump's funding freeze until a Monday hearing, in a case launched by nonprofits.
After AliKhan's Tuesday decision, the Trump administration rescinded the relevant memo from Matthew Vaeth, acting director of the Office of Management and Budget (OMB). However, White House Press Secretary Karoline Leavitt said on social media Wednseday: "This is NOT a rescission of the federal funding freeze. It is simply a rescission of the OMB memo."
"Why? To end any confusion created by the court's injunction," Leavitt wrote, stressing the president's executive orders "on federal funding remain in full force and effect, and will be rigorously implemented."
Citing Leavitt's post in a 13-page order, McConnell explained that the administration tried to claim "that this matter is moot because it rescinded the OMB directive. But the evidence shows that the alleged rescission of the OMB directive was in name only and may have been issued simply to defeat the jurisdiction of the courts. The substantive effect of the directive carries on."
The temporary restraining order is in effect until further action from McConnell, an appointee of former Democratic President Barack Obama. Although the Trump administration can move forward with its review of federal funds, it cannot "pause, freeze, impede, block, cancel, or terminate" funding to the states or D.C. The judge also prohibited "reissuing, adopting, implementing, or otherwise giving effect to the OMB directive under any other name or title or through any other defendants."
"McConnell's order was expected, as he had signaled following a hearing Wednesday that he was inclined to issue the temporary pause of the Trump administration's directive," CBS Newsnoted Friday.
Still, the Democrats behind the legal challenge celebrated their win. New York Attorney General Letitia James said in a statement that "this administration's reckless plan to block federal funding has already caused chaos, confusion, and conflict throughout our country. In the short time since this policy was announced, families have been cut off from childcare services, essential Medicaid funds were disrupted, and critical law enforcement efforts were put in jeopardy."
"I led a coalition of attorneys general in suing to stop this cruel policy, and today we won a court order to stop it," she continued.
"The president cannot unilaterally halt congressional spending commitments. I will continue to fight against these illegal cuts and protect essential services that New Yorkers and millions of Americans across the country depend on."
Rhode Island Attorney General Peter Neronha said that "I am grateful for Judge McConnell's careful consideration of this matter and for seeing the irreparable harm that this directive would cause, and frankly has already caused, Americans across the country."
"As we allege in our complaint, the executive branch does not have the authority to intercept crucially important federal funding that the Congress has already allocated to the states, and on which Americans rely," he emphasized. "This directive targets public safety, healthcare, veterans' services, childcare, disaster relief, and countless other cornerstones of American life."
"Make no mistake: This federal funding pause was implemented to inspire fear and chaos, and it was successful in that respect," he added. "These tactics are intended to wear us down, but with each legal victory we reaffirm that these significant and unlawful disruptions won't be tolerated, and will certainly be met with swift and immediate action now and in the future."
As The New York Timesreported:
Judge McConnell's Friday order does not block the Trump administration from continuing its review, only from defunding those programs that fail its tests in the states that sued—New York, California, Illinois, Rhode Island, New Jersey, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Mexico, Oregon, Vermont, Washington and Wisconsin, along with the District of Columbia.
In that sense, it may create a divide between Democratic states that will continue to have funds flowing and Republican states that will still face uncertainty.
The judge's decision came as Trump and billionaire Elon Musk—the richest person on Earth and chair of the president's Department of Government Efficiency (DOGE)—attack the federal government in various ways, including by trying to purge the federal workforce.
As
The Washington Post reported Friday that the U.S. Treasury Department's highest-ranking career official, David Lebryk, is leaving his post after clashing with Musk allies over access to payment systems that the agency uses to distribute over $6 trillion, Reuters revealed the DOGE leader's said have "locked career civil servants out of computer systems that contain the personal data of millions of federal employees."