September, 17 2010, 11:43am EDT

Lawyers for Guantanamo Prisoner in Court to Defend Successful Challenge to Detention
Appeals Court Should Uphold Ruling That Salahi Be Released, Says ACLU
WASHINGTON
The American Civil Liberties Union and attorneys from the law firm Freedman Boyd Hollander Goldberg Ives & Duncan P.A. today urged a federal appeals court to uphold Guantanamo prisoner Mohamedou Ould Salahi's successful challenge to his unlawful detention. A federal judge ordered Salahi, who was captured far from any battlefield, never took part in any hostilities or attack against the U.S. and has been in U.S. custody for nine years, released from Guantanamo in March on the grounds that he was being held unlawfully. The U.S. government is appealing that ruling in the U.S. Court of Appeals for the District of Columbia Circuit.
"After reviewing thousand of pages of records and hearing four days of testimony - including from Mr. Salahi himself - the district court correctly found that the government did not have enough evidence to support subjecting Mr. Salahi to indefinite military detention," said Theresa Duncan of the law firm Freedman Boyd Hollander Goldberg Ives & Duncan P.A., who argued the case today. "The appeals court should uphold that ruling. It is well past time for Mr. Salahi to go home."
After being arrested in Mauritania in 2001 on suspicion of ties to al Qaeda, Salahi was rendered by the U.S. government to Jordan, where he was detained, interrogated and abused for eight months. He was then rendered to Bagram, Afghanistan and finally to Guantanamo, where he has been held since August 2002.
While at Guantanamo, Salahi was held in total isolation for months, kept in a freezing cold cell, shackled to the floor, sexually abused by female interrogators, deprived of food, made to drink salt water, forced to stand in a room with strobe lights and heavy metal music for hours at a time, threatened with harm to his family, forbidden from praying, beaten and subjected to the "frequent flyer" program, during which he was awakened every few hours and moved to a new cell. Salahi's abuse was confirmed and well documented in a 2009 Senate Armed Service Committee report that investigated allegations of detainee abuse at Guantanamo.
Marine Corps Lt. Col. Stuart Couch, a military lawyer originally assigned to prosecute the case against Salahi in the military commissions, determined that the defendant's self-incriminating statements were so tainted by torture that they couldn't ethically be used against him. Couch told his supervisors that he was "morally opposed" to Salahi's treatment and for that reason he refused to participate in the prosecution.
"Mr. Salahi's treatment presents a case study of all that is wrong with Guantanamo. Upholding the order directing his release would demonstrate the vital role of the courts in remedying these wrongs and restoring the rule of law," said Jonathan Hafetz, cooperating attorney for the ACLU.
In addition to Duncan and Hafetz, attorneys on the case are Melissa Goodman and Jonathan Manes of the ACLU National Security Project; Nancy Hollander of Freedman Boyd Hollander Goldberg Ives & Duncan P.A. and Linda Moreno of Linda Moreno P.A.
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
In Blow to Koch and Exxon, Federal Judges Say Minnesota Climate Suit Belongs in State Court
"This ruling is a major victory for Minnesota's efforts to hold oil giants accountable for their climate lies, and a major defeat for fossil fuel companies' attempt to escape justice," said one advocate.
Mar 24, 2023
Minnesota on Thursday scored a significant procedural win in a lawsuit seeking to hold Big Oil accountable for lying to consumers about the dangers of burning fossil fuels and thus worsening the deadly climate crisis.
In a unanimous ruling, the U.S. Court of Appeals for the Eighth Circuit agreed with a lower court that the state's climate fraud lawsuit against the American Petroleum Institute, ExxonMobil, and Koch Industries can proceed in state court, where it was filed.
"This ruling is a major victory for Minnesota's efforts to hold oil giants accountable for their climate lies, and a major defeat for fossil fuel companies' attempt to escape justice," Richard Wiles, president of the Center for Climate Integrity, said in a statement.
"Big Oil companies have fought relentlessly to avoid facing the evidence of their climate fraud in state court, but once again judges have unanimously rejected their arguments," said Wiles. "After years of Big Oil's delay tactics, it's time for the people of Minnesota to have their day in court."
Fossil fuel corporations have known for decades that burning coal, oil, and gas generates planet-heating pollution that damages the environment and public health. But to prolong extraction and maximize profits, the industry launched a disinformation campaign to downplay the life-threatening consequences of fossil fuel combustion.
"Big Oil companies have fought relentlessly to avoid facing the evidence of their climate fraud in state court, but once again judges have unanimously rejected their arguments."
Dozens of state and local governments have filed lawsuits arguing that Big Oil's longstanding effort to sow doubt about the reality of anthropogenic climate change—and to minimize the fossil fuel industry's leading role in causing it—has delayed decarbonization of the economy, resulting in widespread harm.
Since 2017, the attorneys general of Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, and the District of Columbia, along with 35 municipalities in California, Colorado, Hawaii, Maryland, New Jersey, New York, South Carolina, Washington, and Puerto Rico, have sued fossil fuel giants in an attempt to hold them financially liable for misleading the public about the destructive effects of greenhouse gas emissions from their products.
"Minnesota is not the first state or local government to file this type of climate change litigation," the Eighth Circuit declared Thursday. "Nor is this the first time" that fossil fuel producers have sought to shift jurisdiction over such suits from state courts to federal court, where they believe they will be more likely to avoid punishment.
"But our sister circuits rejected them in each case," the federal appeals court continued. "Today, we join them."
According to the Center for Climate Integrity, "Six federal appeals courts and 13 federal district courts have now unanimously ruled against the fossil fuel industry's arguments to avoid climate accountability trials in state courts."
Last week, the U.S. Department of Justice moved for the first time to support communities suing Big Oil by urging the U.S. Supreme Court to reject Exxon and Suncor Energy's request to review lower court rulings allowing a lawsuit from three Colorado communities to go forward in state court.
Keep ReadingShow Less
'He's Threatening Prosecutors With Violence': Trump Warns of 'Death and Destruction' If Indicted
"Trump got his supporters to attack the government once," said one ethics watchdog. "He's making it clear that if he's arrested, he's going to try to do it again."
Mar 24, 2023
Government watchdogs on Friday said former President Donald Trump has potentially placed himself in even more legal jeopardyafter he threatened violence if he's charged in a criminal case in New York.
Shortly after midnight on Friday, Trump wrote on his social media platform, Truth Social, that potentially "catastrophic" violence would result if he is indicted by a Manhattan grand jury.
"What kind of person can charge another person, in this case a former president of the United States, who got more votes than any sitting president in history, and leading candidate (by far!) for the Republican Party nomination, with a crime, when it is known by all that NO crime has been committed, and also known that potential death and destruction in such a false charge could be catastrophic for our country?" Trump said.
He also called Manhattan Attorney General Alvin Bragg "a degenerate psychopath that truly hates the USA."
Bragg's office has presented a grand jury with evidence related to alleged hush-money payments to adult film star Stormy Daniels during the 2016 presidential campaign, years after the former president allegedly had a sexual relationship with Daniels.
Trump's former lawyer, Michael Cohen, said in 2018 that he made a $130,000 payment to Daniels. He was reimbursed in 2017 by the Trump Organization.
The former president has made several public statements about the case against him in recent days, saying last weekend that he expected to be indicted on Tuesday and calling for a "protest" in New York, and posting an image in social media on Thursday showing Trump holding a baseball bat next to Bragg's head.
His call for "death and destruction" is his most explicit statement about potential violence, said critics including government watchdog Citizens for Responsibility and Ethics in Washington (CREW).
"He's not being subtle, he's threatening prosecutors with violence... Trump got his supporters to attack the government once," said CREW, referring to Trump's encouragement of his supporters to attend the rally at the U.S. Capitol on January 6, 2021 that turned into a violent insurrection aimed at overturning his election loss. "He's making it clear that if he's arrested, he's going to try to do it again."
The group added that Trump's threats of violence "are admissible in court."
Rep. Don Beyer (D-Va.) called on Republicans to clearly "condemn and oppose" Trump's calls for violence, to avoid another violent uprising in his defense.
"Donald Trump's incitement of violence is more direct, explicit, dangerous now than it was before January 6th," said Beyer. "Republican leaders cannot ignore this or wish it away."
According toThe Washington Post, the grand jury is next scheduled to meet on Monday at the earliest.
Keep ReadingShow Less
Minnesota Nuclear Plant Shuts Down After New Leak Near Mississippi River
Federal regulators said they are monitoring groundwater for a radioactive compound following the leak.
Mar 24, 2023
The operator of a Minnesota nuclear power plant said the facility would be taken offline Friday to repair a new leak near the Mississippi River, an announcement that came a week after the company and state officials belatedly acknowledged a separate leak that occurred in November.
Xcel Energy insisted in a statement Thursday that the leak at its Monticello Nuclear Generating Plant poses "no risk to the public or the environment," but a team of federal regulators is monitoring the groundwater in the area amid concerns that radioactive materials—specifically tritium—could wind up in drinking water.
Valerie Myers, a senior health physicist with the U.S. Nuclear Regulatory Commission, told a local CBS affiliate that "there are wells between the ones that are showing elevated tritium and the Mississippi that are not showing any elevated levels."
"We are watching that because the ground flow is toward the Mississippi," added Myers.
The Associated Pressreported Friday, that "after the first leak was found in November, Xcel Energy made a short-term fix to capture water from a leaking pipe and reroute it back into the plant for re-use."
"However, monitoring equipment indicated Wednesday that a small amount of new water from the original leak had reached the groundwater," the outlet noted. "Operators discovered that, over the past two days, the temporary solution was no longer capturing all of the leaking water, Xcel Energy said."
The Minnesota Pollution Control Agency and the Minnesota Department of Health said in a statement that they "have no evidence at this point to indicate a current or imminent risk to the public and will continue to monitor groundwater samples."
"Should an imminent risk arise, we will inform the public promptly," the agencies said. "We encourage the U.S. Nuclear Regulatory Commission, which has regulatory oversight of the plant's operations, to share ongoing public communications on the leak and on mitigation efforts to help residents best understand the situation."
Keep ReadingShow Less
Most Popular
SUPPORT OUR WORK.
We are independent, non-profit, advertising-free and 100%
reader supported.
reader supported.