Crimes, War Crimes and the War on Terror

**jmm99** · 02-25-2009

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** · 02-25-2009

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** · 02-26-2009

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** · 02-26-2009

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).

**jmm99** · 02-27-2009

The DoJ, via the Federal attorney for the central district of Illinois, has filed a two count indictment against al-Marri.

U.S. charges Al-Marri, seeks end of Court case
Friday, February 27th, 2009 1:39 pm | Lyle Denniston
.....
A federal grand jury in Peoria, Ill., has charged a Qatari national held in the U.S. on terrorism crimes, and the Justice Department said Friday it will ask the Supreme Court to dismiss the prisoner’s pending appeal, now set for a hearing April 27.
.....
The Department said the Solicitor General’s office would move, probably later Friday, to have Al-Marri’s petition dismissed in the wake of the indictment. But Jonathan Hafetz, Al-Marri’s lead lawyer, said: “Despite this indictment, the Obama administration has yet to renounce the government’s asserted authority to imprison legal residents and U.S. citizens without charge or gtrial. We will continue to pursue Mr. Al-Marri’s case before the Supreme Court to make sure that no American citizen or lawful resident will ever again be subjected to such treatment.”

The indictment is here; the DoJ press release is here; and the ACLU press release is here.

The indictment is a bare notice pleading charging al-Marri with providing “material support” and "resources", specifically “personnel” (which could include himself) to AQ, and with conspiracy to provide such support

This case will now take two different paths:

1a. SCOTUS will have to decide whether the case should continue. Normally, these facts would render the case moot and it would be dismissed. Since the case presents the issue of whether habeas corpus can be suspended for a non-citizen, but legal US resident, the Court may decide to hear that issue; or,

1b. Even if habeas is not suspended, can a non-citizen resident or even a citizen be detained (even if not charged with a crime) under Common Article 3 of the GCs as an unlawful enemy combatant ? Note that Common Article 3 was originally aimed at covering domestic insurgencies, and does not distinguish whether the insurgent is a citizen, legal alien resident or illegal alien resident of the nation involved in the armed conflict.

2. Al-Marri will have to plead to the indictment; but, since it is a bare notice pleading, the defense will most likely request a bill of particulars; and will certainly engage in some pre-trial discovery. One defense may be that the acts to be proven against al-Marri now were the same acts underlying the initial credit card fraud charge (dismissed with prejudice). If the acts now charged are different, that defense would not be available.

**davidbfpo** · 03-01-2009

More speculation on Binyam Mohammed's allegations of torture will force an investigation in the UK: http://news.bbc.co.uk/1/hi/uk/7917543.stm

davidbfpo

**jmm99** · 03-02-2009

from your BBC link
Lord Carlile told the Sunday Times that a judicial inquiry was needed to look into the claims made Mr Mohamed.

What would a UK judicial inquiry look like ?

For example, in Michigan procedure, we have what is called a one-man grand jury (a judge). He can authorize police investigations, subpeona witnesses, order searches and production of documents, etc. He then can issue indictments if criminal conduct is found. Those one-man grand jury proceedings are secret (like the common law grand jury), until indictments are issued.