RedState: Palin Might Be ‘Ruining’ Herself By Attending Tea Party Convention
Erick Erickson (whom, full disclosure, I’d asked about the story earlier today) posts a scorching attack on next month’s Tea Party Convention in Nashville, which has been attracting some flack for its high cost (minimum ticket price, $349) and rumors of huge speaker fees. Comparing the event to a Nigerian scam email, Erickson frets that “the tea party movement has largely descended into ego and quest for purpose for individuals at the expense of what the tea party movement started out to be.” And he says Sarah Palin is making a mistake by giving a speech that cost organizers a rumored $100,000. Sarah Palin is certainly giving the National Tea Party Convention legitimacy. But at what cost? I am fearful this thing will blow up and harm her. I am more fearful that a bunch of well meaning people from across the nation are going to show up, expect more, and then grow disaffected or burn out when the deliverables they expect do not come in. I hope I am wrong about all of this. I could be. But something tells me I am right. And because no one else will say it, I will — I think Sarah Palin got some bad advice and probably should have done more due diligence. Here is the original post: RedState: Palin Might Be ‘Ruining’ Herself By Attending Tea Party Convention
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RedState: Palin Might Be ‘Ruining’ Herself By Attending Tea Party Convention
Afghans Show Surprisingly Positive Feelings On ‘Extended Surge’
With all the necessary caveats about polling in Afghanistan, this new BBC poll finds a surprisingly robust acceptance among Afghans for the U.S. troop presence : Of more than 1,500 Afghans questioned, 70% said they believed Afghanistan was going in the right direction – a big jump from 40% a year ago. Of those questioned, 68% now back the presence of US troops in Afghanistan, compared with 63% a year ago. For Nato troops, including UK forces, support has risen from 59% to 62%. These are eye-opening numbers considering the results of the last BBC poll on Afghanistan , which the British news agency published in September. Back then, only 44 percent believed their country was on the right track. (A near-contemporaneous poll from the International Republican Institute pegged that right-track number at 62 percent.) While I can’t find an exact question in the previous poll about the presence of U.S. troops, only 47 percent had positive feelings about the United States in September. So perhaps the poll is an outlier. But if not, then Gen. McChrystal may have been on to something when he contended that the behavior of U.S. forces was more important than the presence of U.S. forces in terms of Afghan perceptions of occupation. See the rest here: Afghans Show Surprisingly Positive Feelings On ‘Extended Surge’
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Afghans Show Surprisingly Positive Feelings On ‘Extended Surge’
Stark Under Ethics Investigation
Rep. Pete Stark (D-Calif.), the outspoken chairman of the Ways and Means health subcommittee, is under investigation by the House Ethics Committee, the panel announced by quietly posting a statement on Christmas Eve. The panel hasn’t identified what potential infringement it’s looking at, but it notified Stark’s office in the middle of last month. What comes now? We might not know until Feb. 10, when the committee is scheduled to announce how it intends to approach whatever allegations it’s looking into. Go here to see the original: Stark Under Ethics Investigation
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Stark Under Ethics Investigation
State Department, for All Practical Purposes, Couldn’t Have Revoked Abdulmutallab’s Visa
In his press briefing yesterday, State Department spokesman Ian Kelly took a beating over the fact that department bureaucrats didn’t revoke Umar Farouk Abdulmutallab’s visa to enter the United States. Kelly, in something of a defensive crouch, said that it was the responsibility of an interagency effort run by the National Counterterrorism Center to order the department to revoke the visa. I’ve contacted NCTC to solicit a response, but no luck yet. In the meantime, I’ve talked to people who’ve directly processed foreigners’ visas. Long story short: It’s even harder for State to revoke a visa than Kelly made it sound. First things first. Like Kelly said, State consular officers need to receive affirmative word from the interagency process that someone is a terror suspect or other security risk before it can revoke a visa on those grounds. Where State does have grounds to revoke a visa unilaterally is if officers catch visa recipients in a lie or violation, such as overstaying a visa’s duration. In those cases, which typically occur when someone reapplies for a visa, officers would have to present the recipient with evidence for why they were revoking his or her visa. Consular officers can tap into the so-called TIDE database of 550,000 names of people who the intelligence community suspects might cause the U.S. harm. But that occurs, typically, when an officer is issuing a visa in the first place. Officers don’t get pinged every time someone gets added to TIDE. Taken together, all that means in practice that State Department officers were not going to revoke Abdulmutallab’s visa. That visa was issued in June 2008, long before anyone had any suspicions about him, and good until June 2010. Making matters more complicated, Abdulmutallab got his visa in London, but it was U.S. embassy officials in Abuja who learned about the threat he posed after his father warned them in November. They entered him into TIDE. The issuing consular office might very well not have known about it. Absent a determination from NCTC that didn’t occur, no one in the State Department was going to yank the visa. And if some clever consular officers decided to skirt the rules, they would still have to alert Abdulmutallab to the revocation — and hope they didn’t tip him off to the fact that U.S. authorities were monitoring him. I don’t know exactly what the procedure is for the State Department to have known that the U.K. actually denied him a visa in May. Given that Abdulmutallab wasn’t a U.S. citizen, there may not have been a procedure mandating notification. The U.K. didn’t turn him down for terrorism suspicions; the Brits turned him down because his academic pretext for staying in Britain was dubious. None of this should be interpreted as an argument for the merits of the current system. It’s just an explanation of how the system currently works, and one that underscores the difficulty of changing it. See the original post: State Department, for All Practical Purposes, Couldn’t Have Revoked Abdulmutallab’s Visa
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State Department, for All Practical Purposes, Couldn’t Have Revoked Abdulmutallab’s Visa
Remember the Neediest
During the holiday season, we are reminded to remember the less fortunate among us. In that spirit of empathy, TWI has compiled a list of the ten least successful politicians of 2009 — those most in need of our thoughts. Click here to begin slideshow. View original post here: Remember the Neediest
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Remember the Neediest
2. Jon Corzine
At the start on 2009, the Democratic governor of New Jersey already lacked the approval ratings to suggest an easy reelection for him in the fall. But few were ready to put money on New Jersey going Republican in November. Despite the state’s Democratic slant and Corzine’s incumbency, experience, personal wealth and campaign visits from just about every major Democratic politician in the country, Corzine lost his seat. Democrats blame the state’s troubled economy for Corzine’s loss, but Republicans point to Corzine’s failure to solve the state’s tax, housing and employment crises. Next — 1. Rod Blagojevich Excerpt from: 2. Jon Corzine
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2. Jon Corzine
9. David Paterson
Paterson became governor of New York in 2008 after Elliot Spitzer resigned amid sex scandals. At the time, Democrats were pleased to be getting rid of Spitzer and believed that with Paterson running for a full term in 2010, the party would have a strong shot at holding the governorship. But soon both Paterson and his wife were publicly admitting their own extramarital affairs and former drug use. Spitzer made some stumbles this year and voters report they have little confidence in his ability to lead (a negative view Paterson supporters blame on the economic downturn.) At the end of 2009, polls show Paterson with reverse approval ratings, making him extremely vulnerable for reelection … if he runs. Next — 8. Harry Reid Read the rest here: 9. David Paterson
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9. David Paterson
Sanders Withdraws Single-Payer Amendment
Guess that historic first vote on single-payer health coverage won’t happen this year after all. Sen. Bernie Sanders (I-Vt.) today withdrew his Medicare-for-all amendment after Sen. Tom Coburn (R-Okla.) launched a procedural move forcing a Senate clerk to read the entire 767-page text. The Hill has the rest: “The day will come, although I recognize it’s not today, when the U.S. Congress will have to vote to stand up to … all those who profit every single year off of human sickness,” Sanders said. “That day will come.” Senate aides estimated that the bill reading would have taken eight to 10 hours, which would have sidelined the healthcare debate as Democratic leaders are attempting to pass the overhaul by Christmas. Follow this link: Sanders Withdraws Single-Payer Amendment
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Sanders Withdraws Single-Payer Amendment
Introducing TWI’s Gitmo Habeas Scoreboard
Since the Supreme Court ruled last year that detainees at the U.S. prison camp at Guantanamo have the right to habeas corpus — that is, the right to challenge their detention in court — hundreds of detainees have taken advantage, filing petitions in the U.S. District Court in Washington, D.C. Today, The Washington Independent unveils a new feature that will track the outcomes of habeas corpus cases filed by Guantanamo Bay detainees who have challenged their indefinite detentions in the federal court system. The Gitmo Habeas Scoreboard is broken up into two sections: cases won by detainees — further divided between detainees who have been released and those still in custody — and cases won by the U.S. government. Using information compiled by Pro Publica and David Remes, legal director of Appeal for Justice, the accompanying charts feature background information on all 41 detainees whose cases have been decided to date, including the allegations against each detainee, the court’s reasoning in each decision, and the status of any appeals. As more cases are resolved, we’ll keep updating the chart. Of the 41 cases heard so far, detainees have won 32 of them. That means that in 32 out of 41 cases, the government was unable to present enough evidence, including classified evidence, to convince a federal court judge that it’s more likely than not that the detainee was a member or substantial supporter of al-Qaeda or the Taliban. ( Habeas cases are civil proceedings, where there is no need to establish guilt “beyond a reasonable doubt,” as in criminal trials.) Of the 32 cases the government has lost, it has appealed only two. Eight detainees who have lost their cases have appealed so far. Meanwhile, many of the prisoners who have won their petitions for habeas corpus are still imprisoned at Gitmo. Although the court in each case ordered the government to arrange for the detainee’s expeditious release, in some cases the government can’t or won’t send the prisoner back to where he came from. In some cases, that’s either because the detainee legitimately fears persecution at home, as in the case of the Uighurs. In others, it’s because, as with the prisoners from Yemen, the U.S. government doesn’t trust the detainee’s home government to keep him from joining up with local terror groups upon his return. As a result, of the 32 detainees who have won an order of release in a U.S. federal court, 11 remain in prison. For a full breakdown of all the cases, see the Gitmo Habeas Scoreboard here . See original here: Introducing TWI’s Gitmo Habeas Scoreboard
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Introducing TWI’s Gitmo Habeas Scoreboard
Gitmo Habeas Scoreboard — Detainee Wins
Detainees U.S. Government 32 9 Below is a list of the Guantanamo habeas corpus cases in which the detainee won. Information compiled by Pro Publica and David Remes, legal director of Appeal for Justice. Click here to see the 21 detainees who have been released. Click here to see the 11 detainees who are still in custody. Released Abdul Ghappar Abdul Rahman Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Rahman released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Status Report Court Transcript Dawut Abdurehim Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for$5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Abdurehim released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Status Report Court Transcript Abdulrahim Abdul Razak Al Janko Nationality: Syrian Circumstances of Capture: Captured by U.S. forces in January 2002 in Kandahar, Afghanistan. Summary of Allegations: The government alleged that, in early 2000, Janko spent five days at a Taliban guesthouse and trained for 18 days at a Qaeda military camp. Status: Judge found Janko eligible for release June 22, 2009. He has since been transferred to a foreign nation, but the government will not specify which nation or reveal the date of transfer. Reason for Court’s Decision: Judge found Janko eligible for release June 22, 2009, but the government continues to hold him at Guantanamo. Janko was eligible for release, the judge said, because by the time of his arrest in 2002 he should not have been considered to be part of the Taliban or al-Qaeda. The evidence showed that he’d been tortured by al-Qaeda and imprisoned for 18 months by the Taliban in an infamously “horrific” prison. Court Documents: Trial Court Decision Government allegations Khalid Abdullah Mishal Al Mutairi Nationality: Kuwaiti Circumstances of Capture: Captured near Pakistan-Afghanistan border in November 2001 Summary of Allegations: The government alleged that Al Mutairi was a part of al-Qaeda or of a force associated with al-Qaeda, because, among other claims, he’d attended a training camp believed to be affiliated with al-Qaeda. Status: On July 29, 2009, judge ordered the government to “take all necessary and appropriate steps to facilitate Al Mutairi’s release forthwith.” He was transferred to Kuwait on Oct. 13, 2009. Reason for Court’s Decision: The judge concluded that “there is nothing in the record beyond speculation” to prove the government’s allegations. Intelligence reports were too impreciseand needed corroborating proof, she said. For instance, “one reference, in a portion of one sentence, in one interrogation report,” was not enough to prove Al Mutairi had attended a terrorist training camp, because the report didn’t clearly identify him. She rejected one self-incriminating statement from an interrogation of Al Mutairi because “he appears to have been goaded into making these statements.” Court Documents: Trial Court Decision Government Allegations Alla Bin Ali Ahmed Nationality: Yemeni Circumstances of Capture: Captured March 2002 at a guesthouse for Yemenis in Faisalabad, Pakistan. Summary of Allegations: The government alleged that Ali Ahmed had traveled and stayed with al-Qaeda and/or Taliban members in Afghanistan, and that he’d fought and trained in Afghanistan. Status: Judge found Ali Ahmed eligible for release May 11, 2009. He was transferred to Yemen on September 26, 2009. Reason for Court’s Decision: Judge concluded that the government had failed to present reliable evidence proving its allegations, and that certain alleged conduct — such as traveling in the company of terrorists and staying at a suspect guesthouse — wouldn’t be enough to detain Ali Ahmed even if proved. Court Documents: Trial Court Decision Court Transcript Fouad Mahmoud Al Rabiah Nationality: Kuwaiti Circumstances of Capture: Captured near the Afghanistan/Pakistan border in Dec. 2001. Summary of Allegations: The government alleged that Rabiah “provided material support to the Taliban and al Qaida,” meeting with bin Laden four times in July 2001 and delivering money to him. Status: Judge ordered release Sept. 17, 2009. Rabiah was transferred to Kuwait on Dec. 9, 2009. Reason for Court’s Decision: Judge ordered release Sept. 17, 2009. The judge found that the evidence against Rabiah consisted “almost exclusively on Rabiah’s ‘confessions,’” which even Rabiah’s interrogators concluded were “not believable.” Court Documents: Trial Court Decision Government allegationst Hadj Boudella Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of U.S. military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Boudella was transferred to Bosnia and Herzegovina Dec. 16, 2008. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government allegations Detainee response Lakhdar Boumediene Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Boumediene was transferred to France May 15, 2009. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government allegations Detainee response Mohammed El Gharani Nationality: Born in Saudi Arabia, citizen of Chad Circumstances of Capture: Arrested by Pakistani authorities and turned over to the United States in early 2002. Summary of Allegations: The government alleged that he’d stayed at a Qaeda-affiliated guesthouse in Afghanistan, received military training at a Qaeda camp, served as a courier for al-Qaeda members, fought the U.S. and allies at the battle of Tora Bora, and belonged to a Qaeda cell based in London. Status: Judge found El Gharani eligible for release Jan. 13, 2009. He was transferred to Chad on June 11, 2009. Reason for Court’s Decision: The government’s evidence was unreliable, the judge said, because it consisted chiefly of statements by two other detainees — sometimes contradicting each other — whose believability was questioned by the government itself. Court Documents: Trial Court Decision Government allegations Anwar Hassan Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release June 2003. Federal trial judge ordered Hassan released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Status Report Government allegations Court Transcript Mustafa Ait Idir Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Ait Idir was transferred to Bosnia and Herzegovina Dec. 16, 2008. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government allegations Jalal Jalaldin (aka Abdullah Abdulqadir) Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Parhat released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by the D.C. federal appeals court. Jalaldin nevertheless was transferred to Bermuda, June 11, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Mohammed Jawad Nationality: Afghan Circumstances of Capture: Arrested by local officials in Afghanistan in December 2002. Summary of Allegations: The government alleged that on Dec. 17, 2002, Jawad tossed a grenade in Afghanistan that seriously injured two U.S. soldiers and their local interpreter. Status: On July 30, 2009, judge ordered that “beginning on August 21″ the government “shall promptly release petitioner Jawad.” He was transferred to Afghanistan on Aug. 24, 2009. Reason for Court’s Decision: Technically the judge ordered Jawad released because the government said it would no longer detain him as a wartime enemy. But the government’s decision followed a scathing reprimand from the judge for continuing to detain Jawad and prosecute him in a military commission based mostly on a confession obtained by Afghan officials under death threats. Court Documents: Trial Court Decision Court Transcript Saber Lahmar Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Lahmar was transferred to France on Nov. 30, 2009. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government Allegations Edham Mamet Nationality: Chinese (Uighur) Circumstances of Capture: Captured in Afghanistan in November 2001. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Mamet released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Status Report Court Transcript Abdul Nasser (aka Khaleel Mamut) Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer November 2005. Federal trial judge ordered Nassar released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Nasser nevertheless was transferred to Bermuda on June 11, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Mohamed Nechla Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Nechla was transferred to Bosnia and Herzegovina Dec. 16, 2008. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government Allegations Detainee Response Adel Noori Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer October 2005. Federal trial judge ordered Noori released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S. — and that Parhat could not be held as an enemy combatant on “bare assertions.” Court Documents: Trial Court Decision Government allegations Huzaifa Parhat Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Parhat released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by the D.C. federal appeals court. Parhat nevertheless was transferred to Bermuda, June 11, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S. – and that Parhat could not be held as an enemy combatant on “bare assertions.” Court Documents: Trial Court Decision Government allegations Abdul Semet (aka Salahadin Abdulahat) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Rahman released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Ahmad Tourson Nationality: Chinese (Uighur) Circumstances of Capture: Captured in Afghanistan in November 2001. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release December 2005. Federal trial judge ordered Tourson released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Still in Custody Mohammed Al Adahi Nationality: Yemeni Circumstances of Capture: Captured by Pakistani authorities near the Afghanistan border in December 2001. Summary of Allegations: The government alleged that Adahi once helped tend to wounded Taliban soldiers during a bus trip; was present in Kabul during the U.S. air campaign there; and was in possession of the model of a watch that has been used in bombings linked to al-Qaeda. Status: Judge ordered release Aug. 17, 2009. He remains at Guantanamo. Reason for Court’s Decision: Judge ordered release Aug. 17, 2009. He remains at Guantanamo. The judge found “no reliable evidence” that Adahi supported, trained or fought for, or was a member of al-Qaeda, and that while Adahi acknowledged meeting Osama Bin Laden, that did not justify his detention. Court Documents: Trial Court Decision Government Allegations Detainee response Khalid Ali (aka Saidullah Khalik) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Ali released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Ali has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S. — and that Khalid could not be held as an enemy combatant on “bare assertions.” Court Documents: Trial Court Decision Status Report Yasin Muhammed Basardh Nationality: Yemeni Circumstances of Capture: Captured near the Afghanistan/Pakistan border in early 2002. Summary of Allegations: The government alleged that Basardh trained at a Qaeda military camp and fought for the Taliban, hiding with Osama bin Laden in the mountains of Tora Bora in late 2001. Status: Judge found Basardh eligible for release April 15, 2009. He remains at Guantanamo, while the government appeals the decision. Reason for Court’s Decision: Judge found Basardh eligible for release. However, he remains at Guantanamo, while the government appeals the decision. The judge said the admitted Taliban fighter could no longer be properly detained, because news reports showed that Basardh gave U.S. authorities information about numerous other suspected terrorists. “[A]ny ties with the enemy have been severed, and any realistic risk that he could rejoin the enemy has been foreclosed,” the judge wrote. Court Documents: Trial Court Decision Farhi Saeed bin Mohammed Nationality: Algerian Circumstances of Capture: Captured by Pakistani authorities in late 2001 while attempting to cross the border from Afghanistan to Pakistan. Summary of Allegations: The government alleged that Mohammed received weapons training in Afghanistan, and that he saw Osama bin Laden at a funeral in Kabul shortly after 9/11. Status: Judge ordered release Nov. 19, 2009. Mohammed remains at Guantanamo. Reason for Court’s Decision: The court has not yet released a declassified version of the judge’s opinion. Saeed Hatim Nationality: Yemeni Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: He went to Afghanistan in 2001 , where he attended the al-Farouq training camp and joined Arab soldiers near Kabul. Status: A judge granted his petition for a writ of habeas corpus on Dec. 16, 2009. He remains at Guantanamo. Arkin Mahmud Nationality: Chinese (Uighur) Circumstances of Capture: Captured in Afghanistan in November 2001 Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Reason for Court’s Decision: Determined by government to be eligible for transfer January 2006. Federal trial judge ordered Mahmud released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahmud has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs? appeal of their case. Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript) Bahtiyar Mahnut Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer December 2005. Federal trial judge ordered Mahnut released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahnut has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript Hammad Memet (aka Ahmed Mohamed) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer May 2008. Federal trial judge ordered Memet released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Memet has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript Sabir Osman (aka Hajiakbar Abdulghupur) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Osman released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Osman has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript) Abdul Razakah Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer December 2005. Federal trial judge ordered Razakah released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Razakah has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Status Report Court Transcript Abdul Sabour (aka Yusef Abbas) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Ordered released, remains at Gitmo. Reason for Court’s Decision: Determined by government to be eligible for transfer November 2003. Federal trial judge ordered Sabour released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Sabour has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs? appeal of their case. Court Documents: Trial Court Decision Government allegations Status Report Court Transcript View original post here: Gitmo Habeas Scoreboard — Detainee Wins
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Gitmo Habeas Scoreboard — Detainee Wins
Gitmo Habeas Scoreboard
Detainees U.S. Government 32 9 Click on the numbers in the scoreboard above for a detailed breakdown of the cases. Since the Supreme Court ruled last year that detainees at the U.S. prison camp at Guantanamo have the right to habeas corpus — that is, the right to challenge their detention in court — hundreds of detainees have taken advantage, filing petitions in the U.S. District Court in Washington, D.C. The Gitmo Habeas Scoreboard is broken up into two sections: cases won by detainees — further divided between detainees who have been released and those still in custody — and cases won by the U.S. government. Using information compiled by Pro Publica and David Remes, legal director of Appeal for Justice, the accompanying charts feature background information on all 41 detainees whose cases have been decided to date, including the allegations against each detainee, the court’s reasoning in each decision, and the status of any appeals. As more cases are resolved, we’ll keep updating the chart. Of the 41 cases heard so far, detainees have won 32 of them. That means that in 32 out of 41 cases, the government was unable to present enough evidence, including classified evidence, to convince a federal court judge that it’s more likely than not that the detainee was a member or substantial supporter of al-Qaeda or the Taliban. ( Habeas cases are civil proceedings, where there is no need to establish guilt “beyond a reasonable doubt,” as in criminal trials.) Of the 32 cases the government has lost, it has appealed only two. Eight detainees who have lost their cases have appealed so far. Meanwhile, many of the prisoners who have won their petitions for habeas corpus are still imprisoned at Gitmo. Although the court in each case ordered the government to arrange for the detainee’s expeditious release, in some cases the government can’t or won’t send the prisoner back to where he came from. In some cases, that’s either because the detainee legitimately fears persecution at home, as in the case of the Uighurs. In others, it’s because, as with the prisoners from Yemen, the U.S. government doesn’t trust the detainee’s home government to keep him from joining up with local terror groups upon his return. As a result, of the 32 detainees who have won an order of release in a U.S. federal court, 11 remain in prison. Thanks to Hannah Dreier and Lazar Backovic for their work in compiling this scoreboard. See the original post here: Gitmo Habeas Scoreboard
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Gitmo Habeas Scoreboard
A Fox News Poll on Our America-Hating President
Via Nate Silver , I’m just now seeing the full crosstabs of a 10/1 Fox News/Opinion Dynamics poll. Looking it over, it’s tough to see how a straight-up Republican organization would have altered it at all. Most of the questions deal with fears of the national debt, which is one of the worst-reported, least-understood economic issues out there. And most of the rest deal with paranoid questions about Afghanistan that pit the president against his generals. The weirdness begins early: I guess it’s interesting to learn that a 5-point plurality of Republicans wish Hillary were president, but who’s been asking this? Next, a question from GOP talking points: Next, a clutch of debt questions that reveal — surprise! — that most Americans don’t want the government to spend money “so future generations don’t have to pay.” Next, the suggestion that “U.S. military commanders” are being overruled by the president’s feckless policies. And finally, some good, old-fashioned misinformation on terrorism. For more on how Fox News is often responsible for passing on bad information about terrorism and the law, consult Cato’s Julian Sanchez . – You can follow TWI on Twitter and Facebook . See the rest here: A Fox News Poll on Our America-Hating President
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A Fox News Poll on Our America-Hating President
DHS Immigration Detention Reforms Don’t Satisfy Critics
The Department of Homeland Security Secretary on Tuesday released a report on the immigrant detention system and announced plans to improve detention conditions for the approximately 30,000 immigrants being held on immigration violations. The report finds that although many immigrants have not committed crimes, they’re held in secure facilities designed for criminals and often in far more restrictive conditions than necessary. They also often don’t have sufficient access to medical and legal assistance while in custody. The reforms announced today by DHS Secretary Janet Napolitano and Immigration and Customs Enforcement Assistant Secretary John Morton involve primarily centralizing control of the detention facilities under ICE headquarters’ supervision; classifying immigrant detainees according to their risk level and housing them accordingly; improving detainees’ access to medical and legal services; and increasing supervision of the facilities by federal employees rather than by private contractors. Longtime critics of the agency’s detention practices are not completely satisfied, however, noting that DHS’s proposals fail to include a way to ensure that the agency complies with improved standards, that immigrants aren’t unnecessarily locked up, and that innocent people aren’t harassed by local authorities empowered to enforce federal immigration law. As Judy Rabinovitz, deputy director of the American Civil Liberties Union Immigrants’ Rights Project, put it in a statement released yesterday, “Meaningful reform of the system must focus not only on the conditions under which immigrants are being detained, but on why they are being detained in the first place — often for prolonged periods of time — when other forms of supervised release would be sufficient to address the government’s concerns, as well as the need for basic due process.” Linton Joaquin, general counsel for the National Immigration Law Center, called the proposal “a step in the right direction” but said that “as long as these standards are not enforceable, the rights violations faced by the men and women in these systems will persist.” Read the original post: DHS Immigration Detention Reforms Don’t Satisfy Critics
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DHS Immigration Detention Reforms Don’t Satisfy Critics