February, 12 2009, 11:08am EDT

Rights Groups Release Documents Obtained in FOIA Case Relating to Secret Detention, Extraordinary Rendition, and Torture Program
New Evidence of DOD Cooperation With CIA Ghost Detention Program
NEW YORK and WASHINGTON
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
- Comprehensive Reviews: Schlesinger (comprehensive review of detainee operations); Church (review of DOD interrogation operations); Church Gaps & Seams Report;
- Assessments: Ryder (Detainee Operations), DAIG (Functional Assessment), NAVY IG (Detainee Care at GTMO), Jacoby (Detainee Operations in Afghanistan), and Miller (Interrogation Operations), USAIR IG (Reserve MP/MI Unit);
- Investigations: Taguba (800th MP Brigade); Kerm (205th MI Brigade); CID (serious crimes); Formica (detainee abuse); SOUTHCOM (FBI interrogation memos); and
- Ongoing Investigations as of the date of document: DAIG (senior accountability); Navy IG FOIA; Surgeon General Medical review
* The records from the Joint Chiefs of Staff include:
- April 28, 2005 DSLOC (Detainee Senior Leadership Oversight Committee) Open Recommendations Review (begins at JS 44);
- Aug 3, 2005 DSLOC Open Recommendation Review (begins at JS 426);
- Dec. 8, 2005, DSLOC Meeting (begins at JS 770);
- Aug. 19, 2004, Brief for the Secretary of Defense on Gaps & Seams (Church) (begins at JS 947);
- Jan. 27, 2005, DSLOC Briefing for all OSD Components (begins at JS 987); and
- Date unclear, Detainee Update briefing for Vice Chairs Joint Chiefs of Staff (begins at JS 1022)
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) 614-6464LATEST NEWS
At Least 95 Palestinians Killed in Israeli Attacks Including Massacres at Beach Café, Aid Points
"I saw body parts flying everywhere, and bodies cut and burned," said one eyewitness to a strike on the popular al-Baqa Café.
Jun 30, 2025
Israeli forces ramped up their genocidal assault on the Gaza Strip Monday, killing at least 95 Palestinians in attacks including massacres at a seaside café and a humanitarian aid distribution center and bombings of five school shelters housing displaced families and a hospital where refugees were sheltering in tents.
An Israeli strike targeted the al-Baqa Café in western Gaza City, one of the few operating businesses remaining after 633 days of Israel's obliteration of the coastal strip and a popular gathering place for journalists, university students, artists, and others seeking reliable internet service and a respite from nearly 21 months of near-relentless attacks.
Medical sources said at least 33 civilians were killed and nearly 50 others wounded in the massacre, including footballer Mustafa Abu Amira, photojournalist Ismail Abu Hatab—who survived an earlier Israeli airstrike and is reportedly the 227th journalists killed by Israel since October 2023—and prominent artist Frans Al-Salmi, whose final painting depicting a young Palestinian woman killed by Israeli forces resembles photographs of its slain creator posted on social media after her killing.
Warning: Photos shows image of death
Survivor Ali Abu Ateila toldThe Associated Press that the café was crowded with women and children at the time of the attack.
"Without a warning, all of a sudden, a warplane hit the place, shaking it like an earthquake," he said.
Another survivor of the massacre told Britain's Sky News: "All I see is blood... Unbelievable. People come here to take a break from what they see inside Gaza. They come westward to breathe."
Eyewitness Ahmed Al-Nayrab toldAgence France-Presse that a "huge explosion shook the area."
"I saw body parts flying everywhere, and bodies cut and burned," he said. "It was a scene that made your skin crawl."
Witnesses and officials said Israeli Defense Forces (IDF) troops opened fire on Palestinians seeking food and other humanitarian aid from a U.S.-backed Gaza Humanitarian Foundation distribution point in southern Gaza, killing 15 people amid near-daily massacres of aid-seekers.
"We were targeted by artillery," survivor Monzer Hisham Ismail told The Associated Press. Another survivor, Yousef Mahmoud Mokheimar, told the AP that Israeli troops "fired at us indiscriminately." Mokheimar was shot in the leg, another man who tried to rescue him was also shot.
IDF troops have killed nearly 600 Palestinian aid-seekers and wounded more than 4,000 others over the past month, with Israeli military officers and soldiers saying they were ordered to deliberately fire on civilians in search of food and other necessities amid Israel's weaponized starvation of Gaza.
Another 13 people were reportedly killed Monday when IDF warplanes bombed an aid warehouse in the Zeitoun quarter of southern Gaza City, according to al-Ahli Baptist Hospital officials cited by The Palestine Chronicle. IDF warplanes also reportedly bombed five schools housing displaced families, three of them in Zeitoun. Israeli forces also bombed the courtyard of al-Aqsa Hospital in Deir al-Balah in central Gaza, where thousands of forcibly displaced Palestinian families are sheltering in tents. It was reportedly the 12th time the hospital has been bombed since the start of the war.
The World Health Organization has documented more than 700 attacks on Gaza healthcare facilities since October 2023. Most of Gaza's hospitals are out of service due to Israeli attacks, some of which have been called genocidal by United Nations experts.
Israel's overall behavior in the war is the subject of an ongoing International Court of Justice genocide case, while Israeli Prime Minister Benjamin Netanyahu is wanted by the International Criminal Court for alleged war crimes and crimes against humanity in Gaza, including murder and using starvation as a weapon of war.
Since October 2023, Israeli forces have killed or wounded more than 204,000 Palestinians in Gaza, including over 14,000 people who are missing and presumed dead and buried under rubble, according to the Gaza Health Ministry, whose casualty figures have been found to be generally accurate and even a likely undercount by peer-reviewed studies.
The intensified IDF attacks follow Israel's issuance of new forced evacuation orders amid the ongoing Operation Gideon's Chariots, an ongoing offensive which aims to conquer and indefinitely occupy all of Gaza and ethnically cleanse much of its population, possibly to make way for Jewish recolonization as advocated by many right-wing Israelis.
Keep ReadingShow Less
'We Cannot Be Silent': Tlaib Leads 19 US Lawmakers Demanding Israel Stop Starving Gaza
"This current blockade is starving Palestinian civilians in violation of international law, and the militarization of food will not help."
Jun 30, 2025
As the death toll from Israel's forced starvation of Palestinians continues to rise amid the ongoing U.S.-backed genocidal assault and siege of the Gaza Strip, Rep. Rashida Tlaib on Monday led 18 congressional colleagues in a letter demanding that the Trump administration push for an immediate cease-fire, an end to the Israeli blockade, and a resumption of humanitarian aid into the embattled coastal enclave.
"We are outraged at the weaponization of humanitarian aid and escalating use of starvation as a weapon of war by the Israeli government against the Palestinian people in Gaza," Tlaib (D-Mich.)—the only Palestinian American member of Congress—and the other lawmakers wrote in their letter to U.S. Secretary of State Marco Rubio. "For over three months, Israeli authorities have blocked nearly all humanitarian aid from entering Gaza, fueling mass starvation and suffering among over 2 million people. This follows over 600 days of bombardment, destruction, and forced displacement, and nearly two decades of siege."
"According to experts, 100% of the population is now at risk of famine, and nearly half a million civilians, most of them children, are facing 'catastrophic' conditions of 'starvation, death, destitution, and extremely critical acute malnutrition levels,'" the legislators noted. "These actions are a direct violation of both U.S. and international humanitarian law, with devastating human consequences."
Gaza officials have reported that hundreds of Palestinians—including at least 66 children—have died in Gaza from malnutrition and lack of medicine since Israel ratcheted up its siege in early March. Earlier this month, the United Nations Children's Fund warned that childhood malnutrition was "rising at an alarming rate," with 5,119 children under the age of 5 treated for the life-threatening condition in May alone. Of those treated children, 636 were diagnosed with severe acute malnutrition, the most lethal form of the condition.
Meanwhile, nearly 600 Palestinians have been killed and more than 4,000 others have been injured as Israeli occupation forces carry out near-daily massacres of desperate people seeking food and other humanitarian aid at or near distribution sites run by the U.S.-backed Gaza Humanitarian Foundation (GHF). Israel Defense Forces officers and troops have said that they were ordered to shoot and shell aid-seeking Gazans, even when they posed no threat.
"This is not aid," the lawmakers' letter argues. "UNRWA Commissioner-General Philippe Lazzarini has warned that, under the GHF, 'aid distribution has become a death trap.' We cannot allow this to continue."
"We strongly oppose any efforts to dismantle the existing U.N.-led humanitarian coordination system in Gaza, which is ready to resume operations immediately once the blockade is lifted," the legislators wrote. "Replacing this system with the GHF further restricts lifesaving aid and undermines the work of long-standing, trusted humanitarian organizations. The result of this policy will be continued starvation and famine."
"We cannot be silent. This current blockade is starving Palestinian civilians in violation of international law, and the militarization of food will not help," the lawmakers added. "We demand an immediate end to the blockade, an immediate resumption of unfettered humanitarian aid entry into Gaza, the restoration of U.S. funding to UNRWA, and an immediate and lasting cease-fire. Any other path forward is a path toward greater hunger, famine, and death."
Since launching the retaliatory annihilation of Gaza in response to the Hamas-led October 7, 2023 attack on Israel, Israeli forces have killed at least 56,531 Palestinians and wounded more than 133,600 others, according to the Gaza Health Ministry, which also says over 14,000 people are missing and presumed dead and buried beneath rubble. Upward of 2 million Gazans have been forcibly displaced, often more than once.
On Sunday, U.S. President Donald Trump reiterated a call for a cease-fire deal that would secure the release of the remaining 22 living Israeli and other hostages held by Hamas.
In addition to Tlaib, the letter to Rubio was signed by Sen. Bernie Sanders (I-Vt.) and Democratic Reps. Greg Casar (Texas), Jesús "Chuy" García (Ill.), Al Green (Texas), Jonathan Jackson (Ill.), Pramila Jayapal (Wash.), Henry "Hank"Johnson (Ga.), Summer Lee (Pa.), Jim McGovern (Mass.), Alexandria Ocasio-Cortez (N.Y.), Ilhan Omar (Minn.), Chellie Pingree (Maine), Mark Pocan (Wisc.), Ayanna Pressley (Mass.), Delia Ramirez (Ill.), Paul Tonko (N.Y.), Nydia Velázquez (N.Y.), and Bonnie Watson Coleman (N.J.).
Keep ReadingShow Less
Biden National Security Adviser Among Those Crafting 'Project 2029' Policy Agenda for Democrats
"Jake Sullivan's been a critical decision-maker in every Democratic catastrophe of the last decade," said one observer. "Why is he still in the inner circle?"
Jun 30, 2025
Amid the latest battle over the direction the Democratic Party should move in, a number of strategists and political advisers from across the center-left's ideological spectrum are assembling a committee to determine the policy agenda they hope will be taken up by a Democratic successor to President Donald Trump.
Some of the names on the list of people crafting the agenda—named Project 2029, an echo of the far-right Project 2025 blueprint Trump is currently enacting—left progressives with deepened concerns that party insiders have "learnt nothing" and "forgotten nothing" from the president's electoral victories against centrist Democratic candidates over the past decade, as one economist said.
The project is being assembled by former Democratic speechwriter Andrei Cherny, now co-founder of the policy journal Democracy: A Journal of Ideas, and includes Jake Sullivan, a former national security adviser under the Biden administration; Jim Kessler, founder of the centrist think tank Third Way; and Neera Tanden, president of the Center for American Progress and longtime adviser to former Secretary of State Hillary Clinton.
Progressives on the advisory board for the project include economist Justin Wolfers and former Roosevelt Institute president Felicia Wong, but antitrust expert Hal Singer said any policy agenda aimed at securing a Democratic victory in the 2028 election "needs way more progressives."
As The New York Times noted in its reporting on Project 2029, the panel is being convened amid extensive infighting regarding how the Democratic Party can win back control of the White House and Congress.
After democratic socialist and state Assemblymember Zohran Mamdani's (D-36) surprise win against former New York Gov. Andrew Cuomo last week in New York City's mayoral primary election—following a campaign with a clear-eyed focus on making childcare, rent, public transit, and groceries more affordable—New York City has emerged as a battleground in the fight. Influential Democrats including House Minority Leader Hakeem Jeffries (D-N.Y.) and Sen. Kirsten Gillibrand (D-N.Y.) have so far refused to endorse him and attacked him for his unequivocal support for Palestinian rights.
Progressives have called on party leaders to back Mamdani, pointing to his popularity with young voters, and accept that his clear message about making life more affordable for working families resonated with Democratic constituents.
But speaking to the Times, Democratic pollster Celinda Lake exemplified how many of the party's strategists have insisted that candidates only need to package their messages to voters differently—not change the messages to match the political priorities of Mamdani and other popular progressives like Sen. Bernie Sanders (I-Vt.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.).
"We didn't lack policies," Lake told the Times of recent national elections. "But we lacked a functioning narrative to communicate those policies."
Sanders and Ocasio-Cortez have drawn crowds of thousands in red districts this year at Sanders' Fighting Oligarchy rallies—another sign, progressives say, that voters are responding to politicians who focus on billionaires' outsized control over the U.S. political system and on economic justice.
Project 2029's inclusion of strategists like Kessler, who declared economic populism "a dead end for Democrats" in 2013, demonstrates "the whole problem [with Democratic leadership] in a nutshell," said Jonathan Cohn of Progressive Mass—as does Sullivan's seat on the advisory board.
As national security adviser to President Joe Biden, Sullivan played a key role in the administration's defense and funding of Israel's assault on Gaza, which international experts and human rights groups have said is a genocide.
"Jake Sullivan's been a critical decision-maker in every Democratic catastrophe of the last decade: Hillary Clinton's 2016 campaign, the withdrawal from Afghanistan, the Israel/Gaza War, and the 2024 Joe Biden campaign," said Nick Field of the Pennsylvania Capital-Star. "Why is he still in the inner circle?"
"Jake Sullivan is shaping domestic policy for the next Democratic administration," he added. "Who is happy with the Biden foreign policy legacy?"
Keep ReadingShow Less
Most Popular