Discover and read the best of Twitter Threads about #GTMO
Most recents (7)
For years, folks have been arguing that there’s no way to separate the #GTMO military commissions from the prior torture of the detainees now being tried.
Today’s (surprising) ruling from Judge Pohl seems to drive home that argument—and spells real trouble for the government...
Today’s (surprising) ruling from Judge Pohl seems to drive home that argument—and spells real trouble for the government...
Indeed, I don’t think it’s an exaggeration to suggest that one of the (many) factors in pushing the government toward trying these cases at #GTMO in the first place was concern over how the shadow of CIA torture might infect evidentiary rulings like this one—from civilian courts.
And assuming the government appeals this ruling to the Court of Military Commission Review (under 10 USC § 950d(a)(2)), that will presumably only further delay the (inexorable) pre-trial proceedings in these cases, perhaps substantially...
@ScottyShopUSMC OOO-OOO-OOOH-KLA-HOMA
Sup @HillaryClinton?
You know...we know everything, right?
#SemperFi #GoodTalk #ThePain
#MAGA #CampSevenBucketsPlease
#QAnon #WarriorWednesday #GTMO #WWG1WGA
DO NOT #RESIST MA’AM...MA’AM...
Sup @HillaryClinton?
You know...we know everything, right?
#SemperFi #GoodTalk #ThePain
#MAGA #CampSevenBucketsPlease
#QAnon #WarriorWednesday #GTMO #WWG1WGA
DO NOT #RESIST MA’AM...MA’AM...
@ScottyShopUSMC @HillaryClinton Hillary, do remember what @BillClinton transferred to the Alfred P. Murrah Federal Building? We do.
Checkmate...@POTUS literally blocked the Clinton’s back path to power.
Hindsight is a very powerful thing.
If history is edited & erased, how will we see? They want you blind.
Checkmate...@POTUS literally blocked the Clinton’s back path to power.
Hindsight is a very powerful thing.
If history is edited & erased, how will we see? They want you blind.
@ScottyShopUSMC @HillaryClinton @BillClinton @POTUS I knew your “sugar daddy” Hillary.
He was a friend of the FAMILY.
He’s dead now.
Maybe it’d be better if you called Boss and negotiated the “perp walk”. NOW please.
Unless you want me to keep talking?
He was a friend of the FAMILY.
He’s dead now.
Maybe it’d be better if you called Boss and negotiated the “perp walk”. NOW please.
Unless you want me to keep talking?
Per this @nakashimae/@missy_ryan story on the American #ISIS fighters being transferred stateside to be tried in civilian court, it’s not just that sending them to the #GTMO military commissions would be stupid; there’s also no legal authority to do so.
washingtonpost.com/world/national…
washingtonpost.com/world/national…
Under the Military Commissions Act, only an “alien unprivileged enemy belligerent” can be tried by the #GTMO tribunals:
law.cornell.edu/uscode/text/10…
law.cornell.edu/uscode/text/10…
US citizens can still theoretically be tried by military commission under World War II-era precedents, but (1) only for international war crimes; and (2) under different authority than the #GTMO commissions:
law.cornell.edu/uscode/text/10…
law.cornell.edu/uscode/text/10…
One aspect of Judge Kavanaugh’s jurisprudence that hasn’t gotten a lot of attention is his central role in the D.C. Circuit’s #GTMO jurisprudence, both with respect to detainee habeas cases & military commission appeals.
Here’s me on the former in 2011:
scholarship.shu.edu/cgi/viewconten…
Here’s me on the former in 2011:
scholarship.shu.edu/cgi/viewconten…
As for the commissions, Judge Kavanaugh’s concurrence in Al Bahlul III is perhaps the most important defense of those courts’ power to try domestic offenses:
scotusblog.com/wp-content/upl…
I’ve (rather vehemently) disagreed with his analysis, but there’s no doubting its significance.
scotusblog.com/wp-content/upl…
I’ve (rather vehemently) disagreed with his analysis, but there’s no doubting its significance.
To be clear, I think Judge Kavanaugh is immensely bright, talented, and qualified (even if he is a @Nationals fan). He’s an exceptionally gifted judge with whom I just (often) disagree.
I’m just putting this out there to help inform the conversation about his jurisprudence...
I’m just putting this out there to help inform the conversation about his jurisprudence...
The government has filed a response in #SCOTUS to our supplemental letter in Dalmazzi, suggesting that there is “some dispute” as to whether a military officer who retired from the Army can keep serving on the #GTMO Court of Military Commission Review:
Our position all along has been that military officers appointed to the CMCR (like Judge Herring) hold _two_ offices, & can stay on the CMCR even after leaving the military. It sure seems like the government’s saying that either we’re right or he’s no longer validly on the CMCR.
And if the latter is somehow true, that will just create more headaches for the #GTMO appeals court, where defendants could presumably then challenge any ruling in which Judge Herring participates going forward (and so the court would be down yet another judge)...
🗝 (1) Speaking of #GITMO or officially #GTMO it would appear there are indeed crumbs, lots of them. Guess who visited there in July? Sessions and Rosenstein 😆 #Qanon 
(2) In fact #Sessions thinks GITMO is a very fine place, with plenty of space and mentions we’ve spent a lot of money fixing it up. Who can argue with that? 
(3) Do you know who else is a big fan? Who used to run the place? Who fell out with O because he wanted to close it? That would be #GeneralKelly #breadcrumbs 
1. Later today, #SCOTUS will consider whether to review another major #GTMO mil. comm'n appeal (Al-Nashiri). Quick thread on why it matters:
2. Al-Nashiri is charged with, among other things, responsibility for 10/2000 bombing of USS Cole. But Cole bombing pre-dated 9/11...
3. Congress only allowed #GTMO mil. comm'ns to try offenses committed during "hostilities," i.e., "any conflict subject to the laws of war."
