Crimes, War Crimes and the War on Terror

[jmm99]

if you alleged that some lawyers (and press agents) are in it for money - either directly, or because it will give them fame, which will later translate to money.

Some, however, will be in it because of beliefs and/or because they hate the prior administration with all their hearts.

[Ken White]

on all counts. Wonder who'll do the book contract...

[jmm99]

Five former Gitmo detainees, repatriated to France and who were convicted on French terrorism charges in 2007, have had those convictions overturned by a French intermediate appeals court.

Paris appeals court acquits ex-Guantanamo inmates
By JAMEY KEATEN, Associated Press Writer
Tuesday, February 24, 2009

(02-24) 12:50 PST PARIS, France (AP) --

A Paris appeals court on Tuesday overturned the terrorism convictions of five former detainees at Guantanamo Bay, ruling French police agents were out of line in questioning them at the U.S. prison camp.

France is among the few Western countries to prosecute nationals who have returned home from Guantanamo — and the ruling marks the latest high-profile foreign disavowal of the secretive center that President Barack Obama's administration wants to shutter for good.

The appeals court ruled that agents from the French counterterrorism agency DST who questioned the five inmates at Guantanamo in 2002 and 2004 had overstepped their roles. Overturning a lower court's conviction, the appeals court said DST could not act as both a spy agency and a judicial police service, the body French law says is authorized to interrogate detainees.

State prosecutors said they would appeal to the highest French court, the Court of Cassation.

The logic of the appellate court closely follows the logic of the Eminent Jurists discussed above. Note that the sentence involved was 1 year.

[jmm99]

continues here and here. Besides giving one a warm, fuzzy feeling, both articles provide an interesting factoid:

(from the first link)
Jaralla Saleh Mohammed Kahla al-Marri, a Qatari, said he had been held at the Colnbrook Immigration Removal Center since Monday over a visa irregularity.

In a telephone interview from the center, al-Marri said he couldn't understand his treatment. He said he traveled to Britain a few weeks ago without problems to take part in a speaking tour about his experiences at the prison camp.

"They said 'We didn't know you were in Guantanamo,'" al-Marri said "All the world, they know. (The British government is) the last to know? It's a shame."

Al-Marri was detained by U.S. forces in Afghanistan in 2001 on suspicion of links to the Taliban and al-Qaida. But no charges were ever brought against him.

His brother, Ali al-Marri, is currently being held in the brig at Charleston Naval Base, in South Carolina.

Of course, none of these folks (plus Moazzam Begg, also mentioned) have any pre-Gitmo links - just a reunion of former Gitmo detainees who want to sit over tea and biscuits (cookies). And, I have a bridge to sell ......

[davidbfpo]

JMM,

Very odd the detention of the Qatari, Jaralla Al-Mari, on 23/2/09 apparently on his exit from the UK; for some months IIRC he has been featured in the publicity for a UK tour to speak on G-Bay organised by Cageprisoners campaign group, alongside Mozzam Begg (ex-G-Bay UK prisoner), Omar Deghayes (ex-G-bay prisoner, Libyan origin and UK resident) and Christopher Arendt (ex-US Army guard).

The main website run by Begg is: http://www.cageprisoners.com/index.php (their home page has problems loading) and the UK tour is: http://www.cageprisoners.com/campaigns.php?id=818 note lengthier spelling of Al-Mari's name.

Needless to say there are many hits via Google on the history of all those named.

davidbfpo

[jmm99]

quite a tour. I expect more of this, not only by released detainees so far named, but by others - e.g., Mohamed Farag Bashmilah.

Another former Gitmo guard, making the US media circuit, is Brandon Neely, whose statement is here. Neely is presently active in the Houston chapter of Iraq Veterans Against the War.[*]

The journalist who has followed the Gitmo cases most closely (many articles and a book) - from the detainees' viewpoint - is UK resident Andy Worthington, who lives in London.

I expect this cottage industry to grow - exponentially if Sen. Leahy's proposed Truth & Reconciliation Commission flies.

------------------------
[*] Ex-guard Arendt is also connected with IVAW, and testified last year at the Winter Soldier Hearings. The latter is also a road show - in Austin TX on 28 Feb. IVAW is an affiliate of Veterans for Peace, whose board is bio'd here.

Another affiliate is VVAW (Vietnam Veterans Against the War), which is a splinter from a splinter of the original VVAW of the late 60s and early 70s. Barry Romo, who spoke at 2008 Winter Solder, is probably its best known member from his role in 1971 Winter Soldier.

None of these groups should be confused with VVA (Vietnam Veterans of America), which is congressionally chartered under Title 36, USC - VVA webpage.

[jmm99]

Originally, al-Marri was charged by John Ashcroft under Federal criminal law. Pres. Bush overruled him; the charges were dismissed and al-Marri was detained under the President's executive order. The Obama administration may reverse course and attempt to restore the criminal prosecution as Lyle Denniston reports here.

Court trial for Al-Marri?
Thursday, February 26th, 2009 2:25 pm | Lyle Denniston
....
The American Civil Liberties Union, citing news stories, reported Thursday that the Justice Department will shortly file terrorism charges and hold a trial in civilian court of a Qatari national, Ali Saleh Kahlah Al-Marri — the only detainee taken prisoner in the U.S. and still being held in this country. ...
..... [a summary of the al-Marri proceedings follow] ....

The ACLU news release is here. The Washington Post story is here.

If the indictment is filed, the SCOTUS appeal, not far off from being decided, will probably be moot and dismissed (based on recent decisions). There may be problems in prosecuting in Federal court because of the prior dismissal of the original Federal charges (mentioned in prior posts); although the original charges (credit card fraud and making false statements to the FBI) are different from the new charges (providing material support to al-Qaeda).