More From the Justice Department on Jawad
Since writing my last post, I received this from Tracy Schmaler at the Justice Department, responding to my earlier request for comment on the habeas corpus case of Mohammed Jawad:
We have informed the judge in this case that we will not contest the writ of habeas corpus and that we are not detaining Jawad in order to conduct a criminal investigation of his actions. Instead, we have informed the court that there are a number of steps the government must undertake to comply with Congressional reporting requirements before any transfer can take place. In the meantime, Department prosecutors are investigating whether they can make a criminal case against Jawad, an effort that is proceeding separate and apart from his habeas case.
This administration made a dramatic break with the policies of the past by rejecting the use of torture without exception or equivocation and making it clear that we will not rely on statements obtained through such methods. This case is one of more than a hundred initiated during the last several years that continue to work their way through the federal courts. It is clear that, in addition to serving as a recruiting tool for terrorists, the status quo left behind by the previous administration at Guantanamo is legally unsustainable, which is why we are working to close Guantanamo and develop a new legal framework to govern detention policy that is grounded in the rule of law and will strengthen our national security.