rssObama Still Hasn’t Stated Position on Evidence Acquired Through Torture
Thursday, July 16, 2009 at 12:21 pm
- 2 Comments
Following up on my post earlier today that the Justice Department has decided not to oppose the American Civil Liberties Union’s motion to suppress tortured and coerced testimony in the habeas corpus case of Mohammed Jawad, it’s worth noting that the Obama administration still hasn’t said what it’s official position is regarding the use of coerced testimony in cases of Guantanamo Bay prisoners.
Jawad’s case is particularly compelling given that he was arrested by Afghan authorites for allegedly throwing a hand grenade when he was as young as 12 years old, according to the Afghan government. His lawyers say the primary evidence against him was his “confession” to Afghan police after they threatened to kill him and his family if he didn’t say he committed the crime. His “confession” again hours later to U.S. authorities who were similarly trying to intimidate was determined by a U.S. military judge to have also been coerced, unreliable and inadmissible in his military commission case.
The Obama administration, however, in Jawad’s habeas case introduced that same tortured evidence to argue the government had a right to keep him imprisoned. It was only yesterday when, for the first, time, the government indicated a shift in position, by filing a document with the district court hearing the case saying it would not oppose the arguments of Jawad’s ACLU lawyers that the evidence should not be used against their client.
ACLU lawyer Jonathan Hafetz says he had no prior indication that the government would be changing its view in this case, and although he thinks it’s a hopeful sign, it’s not completely clear what it means.
“To me the question is, does this reflect a changed position on the use of coerced evidence generally, as we hope, or just another example of the government dropping a dubious position to avoid embarrassment and an adverse decision by a court?” Hafetz said.
All indications are that the judge in the case, Ellen Huvelle, would likely not allow the introduction of evidence acquired through torture. And an Office of Legal Counsel memo, which the ACLU requested from the government via a FOIA lawsuit yesterday, reportedly says that such Guantanamo detainees would have the right to object to use of such coerced evidence at their military commission trials.
And as Jess Bravin at The Wall Street Journal reported, military prosecutors “have said involuntary statements comprise the lion’s share of their evidence against dozens of Guantanamo prisoners who could be tried.”
So was the Justice Department’s decision not to press for using the coerced confessions in Jawad’s case just a strategic move, or does it signify a real change in policy on the part of the Obama administration?
That remains to be seen. In the meantime, the government will soon have to report to the court whether it has any convincing legally admissible evidence that supports continuing to hold Jawad, or whether it will have to let him go.
2 Comments
Comment posted July 16, 2009 @ 7:53 pm
IS BEING INNOCENT ON DEATH ROW IN AMERICAN PRISONS ~ CONSIDERED TORTURE ?
WILL THE INTERNATIONAL WORLD BE AS GRACIOUS WITH OUR POORER AMERICANS IN RAISING THE NEEDED FUNDING TO HELP ABATE THESE BLATANT AMERICAN INJUSTICES FROM CONTINUING TO DESTOY COUNTLESS AMERICAN FAMILIES AND INDIVIDUAL LIVES ALL ACROSS THE WEALTHIEST COUNTRY IN THE WORLD ???
SOMEHOW OUR U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE DECIDED AND APPROVED CURRENT LEGISLATION TO SPEND 50 BILLION AMERICAN TAX $$$ IN THE INTERNATIONAL FIGHT AGAINST AIDS OVER THE NEXT FIVE YEARS BEFORE TAKING CARE OF OUR OWN POORER AMERICANS HERE AT HOME FIRST !
MIDDLE CLASS AND WORKING POOR AMERICANS ARE UNABLE TO AFFORD PROPER LEGAL REPRESENTATION IN THEIR CIVIL,CRIMINAL AND FAMILY COURTS OF LAW ALL ACROSS AMERICA CAUSING TREMENDOUS HARDSHIPS NATIONWIDE,BUT THESE GREAT MINDS and callous hearts IN OUR AMERICAN CONGRESS HAVE FOUND OTHERS WORLDWIDE MORE NEEDY THEN THEIR OWN CITIZENS WHO ARE BEING FALSELY INCARCERATED,WRONGFULY EXECUTED,LOSING THEIR HOMES OR APARTMENTS,LOSING CHILD CUSTODY OR VISITATION WITH THEIR CHILDREN ETC…
NOT BEING AFFORDED PROPER LEGAL REPRESENTATION BY OUR U.S.CONGRESS HAS CREATED A TOTAL BREAKDOWN OF THE AMERICAN JUDICIAL SYSTEM FOR OUR POORER AMERICANS BECAUSE THE AMERICAN COURTS PUNISH ALL OF US LITTLE PEOPLE IF WE ARE NOT ASSISTED WITH PROPRER LEGAL COUNSEL.IT IS A KNOWN FACT THAT OUR AVERAGE MIDDLE CLASS AND WORKING POOR AMERICANS WITHOUT PROPER LEGAL REPRESENTATION IN ALL OF OUR AMERICAN COURTS OF LAW LOSE THEIR LEGAL CASES TO THE BETTER FINANCED WHO ARE ABLE TO AFFORD LAWYERS.
LAWYERS FOR POOR AMERICANS IS NOW ACTIVELY IN THE HUNT FOR INTERNATIONAL COUNTRIES AND LEADERS WORLDWIDE TO HELP RAISE 5 BILLION DOLLAR$ FOR OUR SLIGHTED POORER AMERICANS WHO HAVE HAD THEIR OWN AMERICAN CONGRESS TURN THEIR BACKS ON THEIR DESPERATE NEEDS IN NOT AFFORDING THEM PROPER LEGAL REPRESENTATION.
TROY DAVIS AND MUMIA ABU – JAMAL ARE 2 PERFECT EXAMPLES OF AMERICAN CITIZENS WHO NEVER HAD PROPER LEGAL REPRESENTATION AFFORDED THEM BY OUR U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD IN THEIR INITIAL CRIMINAL TRIALS IN (GEORGIA AND PENNSYLVANIA) WHO MIGHT VERY WELL HAVE TO PAY THE ULTIMATE PRICE OF POSSIBLY BEING COMPLETELY INNOCENT AND FALSELY EXECUTED IN THE NEAR FUTURE.
THIS IS THE FIRST OF MANY WWW INTERNATIONAL PLEAS BY LAWYERS FOR POOR AMERICANS FOR OTHER LEADERS AND COUNTRIES TO HELP RAISE THE NEEDED MONIE$ TO CORRECT THESE BLATANT INJUSTICES THAT HAVE BEEN INFLICTED ON POORER AMERICANS FOR THE LAST FEW DECADES.
LAWYERS FOR POOR AMERICANS HAS MANY OTHER WRITTEN ARTICLES THAT CAN BE VIEWED WITH ANY WWW SEARCH ENGINE BY OUR NAME OR OUR TELEPHONE NUMBER.
LAWYERS FOR POOR AMERICANS IS A WWW LOBBY GROUP OF VOLUNTEERS THAT SING OUT ABOUT THE DECADES OLD NEGLECT,ABUSE AND INJUSTICES BEING INFLICTED ON OUR POORER AMERICANS THAT HAVE BECOME CRIMES AGAINST HUMANITY ISSUES FOR THE INTERNATIONAL WORLD COURT TO INVESTIGATE.
lawyersforpooreramericans@yahoo.com
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Comment posted July 16, 2009 @ 11:11 pm
Beating the crap out of people and abusing them until they admit their guilt to pause the abuse for a moment is sort of the Republicans' ruling philosophy. It fits in with their views of religion, economic life, and politics. A perfect frat house mentality put into play worldwide.
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