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What Is the Government Hiding About Bagram Detainees?Today, we asked a federal court to order the government to stop suppressing key information about the prisoners detained at Bagram Air Base in Afghanistan. The development comes in our Freedom of Information Act (FOIA) lawsuit seeking records related to the detention and treatment of prisoners at Bagram. Since 2002, the U.S. has detained thousands of people at Bagram, in harsh conditions and without access to lawyers or courts. Currently, approximately 750 people are detained at Bagram. But the government has kept secret the most basic facts about these prisoners. In January, the Defense Department released a list of the people imprisoned at the notorious detention facility. The list contains the names of 645 prisoners who were detained there as of September 2009, but other vital information including their citizenship, how long they have been held, in what country they were captured and the circumstances of their capture has been redacted. The brief we filed today charges the Defense Department with improperly withholding these basic facts. Today’s filing also asks the court to order the CIA, also a defendant in our lawsuit, to process our FOIA request. Shortly after we filed the request, the CIA sent us a letter refusing to process the request, claiming it cannot acknowledge whether it has Bagram-related rendition and interrogation records — even though its rendition of prisoners to Bagram and its interrogation of prisoners there is acknowledged and well-known. Americans remain in the dark about even the most basic facts about the prisoners at Bagram and what happens at this notoriously secretive prison. And while the Defense Department took a step in the right direction when it released a list of the names of Bagram prisoners, as long as the government continues to suppress other vital information about Bagram prisoners, there is no way of knowing if prisoners are being held for excessively long periods of time or if they should even be there at all. When prisoners are in U.S. custody and under U.S. control — no matter the location — our values and commitment to the rule of law are at stake. We hope the court will order the government to stop hiding this vital information. Tags: bagram
ACLU’s Jameel Jaffer at New School ConferenceThis week, The New School in New York City will be hosting a conference, on "Limiting Knowledge in a Democracy," which will assess where America is today with respect to limits on our access to information. The two-day conference will explore the issues of citizens’ right to free public information, the ways in which the government and other political organizations restrict or manipulate the flow of information, and the importance of investigative journalism in upholding democracy and calling for accountability. The ACLU’s National Security Project Director, Jameel Jaffer, will participate in a session on “Arguments for and Against Limits on Knowledge in a Democracy” to discuss the disadvantages of limits on knowledge. The session, which takes place on Thursday, February 25, 2010 from 2:15 pm – 5:00 pm, will be moderated by David Z. Albert, Professor of Philosophy at Columbia University and will include panelists Philip Kitcher, Professor of Philosophy and Director of Undergraduate Studies at Columbia College, and Julie E. Cohen, Professor of Law at Georgetown University Law Center. Jameel will also introduce a 6:00 pm screening of Secrecy, a film by Peter Galison and Robb Moss. As you may recall from the ACLU’s past collaboration with the filmmakers, Secrecy explores open knowledge, government secrets and the tension between our safety as a nation, and our ability to function as a democracy. More information about the conference agenda and details on how to buy tickets (including a special discount for ACLU members) are available online.
Tell Google Not to Enter Into an Agreement With the NSA Yesterday, The Washington Post reported that Google — the world’s largest Internet search company — is negotiating an information-sharing agreement with the National Security Agency (NSA) — the world’s largest network for routine, mass communications surveillance. The partnership is supposed to help protect Google’s networks, but the ramifications of companies like Google working with the NSA are frightening. The NSA — a component of the Department of Defense — is an intelligence collection agency with few effective checks against abuse, and no public oversight of its activities. The NSA sucks up the equivalent of the contents of the Library of Congress every six to eight hours, every single day. In the last decade, the NSA’s dragnet, suspicionless surveillance has targeted everyday Americans, in violation of the law and the Constitution. (To lean more about NSA spying, download our fact sheet on “America’s Surveillance Society”). If companies like Google think they need the government’s help to secure their networks, then a civilian agency needs to step up to the task. Cybersecurity for the American people should not be handed over to a military spy agency, one that is insulated from public oversight and has a history of secretly exploiting vulnerabilities, rather than fixing them. Concerned? You can take action today by sending a letter to Google, letting them know that you object to such a deal and value your privacy online.
End It. Close It.Today, the Obama administration missed its own deadline to close the prison at Guantánamo Bay. As you might recall, a year ago on his second full day in office, President Obama signed an executive order to close the prison within a year. Not only does Guantánamo remain open, but according to news reports today, an administration task force has recommended the detention without trial of nearly 50 of the 198 prisoners held there because "they are too difficult to prosecute but too dangerous to release." Today, we unveiled a new website focusing on indefinite detention.
The new site includes:
The ACLU has long disputed the fact that there exists any significant category of detainees who are too dangerous to release, but too difficult to prosecute. If there is credible evidence that prisoners are dangerous, that evidence should be introduced against them in criminal trials in our federal court system. The criminal laws are broad enough to reach anyone who presents a serious threat, and the time-tested federal courts are fully capable of affording defendants fair trials while preserving the government's legitimate interest in protecting information that is properly classified. Check out the new features on our indefinite detention page. And join us in letting President Obama know that just as important as closing Guantánamo quickly is closing it right, and that means putting an end to the illegal policy of indefinite detention without charge or trial. Tags: Close Gitmo
Winner Announced in ACLU Poster Design Contest Today, we announced the winning design in an ACLU poster contest. After the 2008 election, we asked artists to review our transition plan for the incoming Obama administration and come up with a design that depicts our vision of this country's transformation into a country committed to fixing unconstitutional policies, holding its leaders accountable and reclaiming American values. (Call us optimists.) New York-based designer Christopher King’s submission is the winner of the “Restore America” poster contest, and his artwork will be featured as part of our national campaign to draw attention to the indefinite detention of detainees without charge or trial. We asked Christopher a few questions about his design and his interest in our work. Here is what he had to say: ACLU: Did you know much about the ACLU’s work before you entered the poster contest? C.K.: I've always felt the ACLU plays an important role in our society by giving a voice to those who might not otherwise be heard and holding the government to account for the rights and freedoms promised in our Constitution. When I heard about the call to help raise awareness for this issue it only felt natural to contribute. ACLU: What motivated you to participate in the poster contest? C.K.: The issues of prisoners' rights and the prevention of abuse resonate strongly with me. I'm not sure I've ever been so disgusted as when I first heard the news coming from Guantánamo that prisoners were being held indefinitely, abused and tortured without charge or access to fair trials. Because it happens far away, to people we can't see or learn much about, it's an issue that can be easy to ignore. As a graphic designer, I saw an opportunity to depict and raise awareness about the extreme injustices being committed. ACLU: What do you think about the role of art in activism? C.K.: Art can play an enormous role in social change. Just think of the "HOPE" poster Shepard Fairey created for the Obama campaign in 2008. That image became a symbol not just for a man or a political platform but for all those around the world who hope for a better future. Christopher’s winning design and a showcase of the top entries can be viewed online here. To see more of Christopher’s work, check out his website. Tags: indefinite detention
Tweet to Close Gitmo! Tomorrow marks the one-year anniversary of President Obama’s commitment to close the prison at Guantánamo (PDF). Although the administration has already admitted it will miss its self-imposed deadline, the ACLU will continue to advocate for Guantánamo to be closed as soon as possible and, most importantly, to be closed correctly. To mark the missed deadline, we’ll be joining MoveOn, Amnesty, Human Rights Watch and others, by using Twitter and Facebook to get everyone online talking about closing Guantánamo. Join us by taking action online today, January 21 and tomorrow, January 22:
For the latest ACLU news on Guantánamo, visit www.closegitmo.com. Tags: Close Gitmo
Public Kept in the Dark About Drone StrikesYesterday, we filed a Freedom of Information Act (FOIA) request for information about the U.S. government's use of armed drones to target and kill individuals in Afghanistan, Pakistan and elsewhere. Today, in an article entitled "We don't need no stinking authority," The Economist's "Democracy in America" blog points out that drone-launched missile strikes on al-Qaeda targets in Pakistan have never been voted on by Congress and that in the ongoing debate about drone strikes, there has been relatively little discussion about where the authority for these strikes come from. The article points out: The entire process seems to result from systematic governmental attempts on all sides to evade any kind of responsibility. The Pakistani government doesn't want to take responsibility for eliminating Taliban insurgents in the unruly bits of its own territory. The American government doesn't want to take responsibility for invading those unruly bits, so it carries out pseudo-secret drone strikes without describing or explaining them. The article also cites Spencer Ackerman reporting on our newly-filed FOIA request (PDF). We are troubled by reports that the Obama administration has stepped up the drone program without explaining publicly what the legal basis for the program is, what limitations it recognizes on who can be targeted and where strikes can occur, and what the civilian casualty toll has been thus far. We believe that the American public has a right to know whether the drone program is consistent with international law, and that all efforts are made to minimize the loss of innocent lives.
Gitmo EducationIn light of new developments about the future of Guantánamo Bay and the fate of the men who remain imprisoned there, several recently released books will be vital to the impending national debate about the prison camp. Written by those with first hand knowledge of Gitmo — the detainees and their lawyers — these books provide a unique inside view inside the notorious detention facility. Newly published by NYU Press, The Guantánamo Lawyers: Inside a Prison Outside the Law, edited by the ACLU National Security Project's own Jonathan Hafetz and fellow Gitmo-expert, Seton Hall's Mark Denbeaux, this new book draws together first-hand accounts from attorneys who have represented many of the 750 men imprisoned at Guantánamo. Containing more than 100 personal narratives from the range of people who have represented the prisoners, the book is an inside view into Guantánamo and the litigation it has sparked, and includes submissions from ACLU attorneys Denny LeBeouf, Steven Watt, and Ben Wizner, and former ACLU attorney, Amrit Singh. Additionally, the full and unedited stories are collected and preserved in an electronic archive through the Seton Hall Law School and the New York University Libraries. Former Guantánamo detainee British-born Moazzam Begg, who is featured in a recently released ACLU film, is author of the first memoir published by a Guantánamo detainee. Enemy Combatant: My Imprisonment at Guantánamo, Bagram, and Kandahar details Moazzam's three year imprisonment in Afghanistan and at Guantánamo, much of it spent in solitary confinement, before his eventual release in 2005, without explanation apology. Considered "essential reading" by the New York Review of Books, Moazzam's book provides a revealing look at the notorious prison camp. Another published account by a former detainee is that of German-born Murat Kurnaz. Five Years of My Life: An Innocent Man in Guantanamo. Murat was detained in Afghanistan and at Guantánamo for five years, endured daily interrogations, solitary confinement, sleep deprivation and other abuse, before he was acknowledged to be innocent and released in 2006. Poems from Guantánamo is a collection of work written by detainees while imprisoned at Guantánamo. Edited by Marc Falkoff, a law professor and attorney for Guantánamo prisoners, this collection brings together 22 poems by 17 detainees — among them, Moazzam Begg — and others who still remain in legal limbo at the prison camp. A poem by Osama Abu Kabir, a Jordanian water driver entitled "Is It True?" reads: Is it true that the grass grows again after rain? Abu Kabir was released from Guantánamo without charge in November 2007. For a preview of the kind of details contained in these books, check out the ACLU's short film Justice Denied: Voices from Guantánamo, which puts a human face on the Bush administration's failed detention and interrogation policies through five interviews with former detainees, including Moazzam Begg. Tags: Close Gitmo
Arguments in Extraordinary Rendition Case TodayToday, at 10:00 a.m. PST, we'll be in federal appeals court in San Francisco to argue that our lawsuit against Boeing subsidiary Jeppesen DataPlan Inc. for its role in the Bush administration's unlawful "extraordinary rendition" program should go forward. The government has repeatedly misused the state secrets privilege in an attempt to have the case thrown out. To this day, not a single victim of the Bush administration's torture policies has had his day in court. As The New York Times pointed out in an editorial today, "It is up to the courts to fulfill their constitutional role by checking executive power and providing accountability. The precedent set by the federal Court of Appeals for the Ninth Circuit will be critical." We hope you'll stand with us to let the government know that victims of torture — and the American public — deserve to know why prisoners were abused and tortured in America's name. To learn more about the case against Jeppesen and extraordinary rendition you can visit our website and read previous blog entries related to the case. Tags: Rendition
State Secrets, Take 3Next week, a panel of 11 judges from the 9th Circuit federal appeals court will hear the government’s appeal of an earlier ruling that allowed our lawsuit against Boeing subsidiary, Jeppesen DataPlan, Inc. to proceed. In 2007, we sued Jeppesen for its role in the Bush administration’s unlawful extraordinary rendition program. Our lawsuit was filed on behalf of five men who were forcibly disappeared by the CIA and then tortured in U.S.-run secret overseas prisons or by foreign intelligence agents. This ACLU video explains more about our case against Jeppesen.
Shortly after the lawsuit was filed, the Bush administration intervened, improperly asserting the state secrets privilege and asking the judge to have the case thrown out without considering any evidence in support of the mens’ claims of forced disappearance and torture. Although the lower court upheld the government’s assertions, in April , a three-judge panel reversed the lower court’s dismissal (PDF) of the lawsuit. The panel held, contrary to the pleas of Obama administration lawyers, and as we had argued, that the state secrets privilege can only be invoked with respect to specific evidence, and not to dismiss an entire suit. In June , the Obama administration appealed the decision. An en banc panel of 11 judges will hear the appeal next week, on December 15 in San Francisco. While we are disappointed by the court’s decision to re-hear the case, we hope and expect that the court’s earlier ruling permitting the lawsuit to go forward will stand. As one of our plaintiffs in the case, Bisher al-Rawi , points out in the video, the CIA’s rendition and torture program is not a state secret, and there is a significant and ever growing body of public information about the CIA’s extraordinary rendition program and Jeppesen’s role in that program. The government’s overbroad claims of secrecy have so far denied all victims of U.S. sponsored torture, including Bisher, their day in court and shielded torturers from accountability. Victims of torture should have their day in court and perpetrators of torture should be held accountable. But don’t just take our word for it — one of our plaintiffs, Mohamed Farag Bashmilah , recently penned an opinion piece about his forced disappearance in the name of national security . As Mohamed states, “The American public deserves to know what was done to people like me — and I deserve to know why I lost nineteen months of my life — all in the name of protecting their security...Truth and justice are not in opposition; both are necessary, and both are the right of all Americans and the victims harmed in their name.” Tags: Rendition |
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