One of those amazing moments every teacher can appreciate. Yet another brilliant former student at @pennlaw has published a paper - incredibly timely - on the int'l legal culpability of freshly-emerged torture architect, John Yoo. brill.com/view/journals/…
Incisive piece in @just_security by my teammate @br_farley about the GTMO military commission's fundamental jurisdiction problems. Spoiler alert: "the military commission’s approach is . . . fundamentally incoherent and incorrect in law."
And it has taken EIGHT YEARS of pre-trial hearings for the military commission to elucidate that incoherent/incorrect view of its own jurisdiction, because the govt is so arrogant/MC system so corrupt, that they never thought they'd need to demonstrate jurisdiction.
☝️🏾Attn: @TheJusticeDept and @DeptofDefense - it's never too late to learn something new, like jurisdiction in an armed conflict that you claim has existed for 24 years.
Yet another example of GTMO insanity: the military judge has just denied the defense access to the full SSCI torture report, despite a letter from @SenFeinstein supporting release to security-cleared counsel, and despite its centrality to @BaluchiGitmo's death penalty case.
When we say that @BaluchiGitmo and others are facing "trial" at Guantanamo, please understand that it is an illegal process before an illegally constituted "court," bound by rules that intentionally violate all semblance of due process.
I wrote about the importance of defense (and public!) access to the full SSCI report earlier this year: post-gazette.com/opinion/Op-Ed/…
Why are we willing to accept such a shameful standard of living in the United States (health care, wealth disparities, justice system)? The complacency/willful blindness/self-defeating jingoism is constantly stunning.
This is a bold-faced lie that Dems have adopted to justify lack of accountability during the Obama years, which is one reason Guantanamo is one of the most bi-partisan atrocities the USG has ever perpetrated.
Also, forget Gitmo - try telling this to victims of CVE here at home, or you know, the *hundreds of thousands* (at least) civilians killed in Iraq bc we were willing to compensate for our inability to find OBL with rage against another set of brown people.
What about all the wrong calls made by @CIA last month during Mitchell and Jessen? How do we clear those up in real-time? Or do we just not and forever cut off entire areas of examination or argument bc the CIA wants to call something classified?
@CIA cut us off last month when we asked Dr. Mitchell about COBALT having 20 cells, which is in the SSCI report. Record wasn’t cleared till days later - BY US - and questioning was over. This is illegal.
This is @CIA exercising outside control of the courtroom, with prosecution helpless to act independently even when they know better re classification. This is a total mockery.
I have never in my life seen a brief with as many ad hominem attacks as the USG's filing to oppose a 75 yo attorney's withdrawal from a case whose trial the govt has delayed for 8 yrs while hiding torture evidence and spying on defense counsel.