Guantanamo Detainees’ Lawyers Cite Hobby Lobby Ruling In Prayer Motion

Lawyers who represent two detainees held at Guantanamo bay have filed motions asserting that their clients should be allowed to pray communally during the month of Ramadan, citing the Supreme Court’s recent ruling in the case of Hobby Lobby.

According to Aljazeera America, the lawyers are arguing that their clients’ rights are protected under the Religious Freedom Restoration Act (RFRA). They assert that the Supreme Court’s ruling in the Hobby Lobby case changes the fact that courts have previously failed to find Guantanamo detainees “persons within the scope of the RFRA,” who enjoy “religious free exercise rights.”

In court papers, the lawyers argue that “Hobby Lobby makes clear that all persons — human and corporate, citizen and foreigner, resident and alien — enjoy the special religious free exercise protections of the RFRA.” The motions were filed earlier this week in Washington, D.C., on behalf of Emad Hassan of Yemen and Ahmed Rabbani of Pakistan.

“If, under our law, Hobby Lobby is a ‘person’ with a right to religious freedom, surely Gitmo detainees are people too,” attorney Cori Crider argued.

According to Axis of Logic, attorneys have asserted that the two men are being prevented from taking part in communal prayers due to the fact that they are participating in a hunger stroke. Cori Crider, an attorney who represents the detainees, questioned the circumstances:

“Why are the authorities at Guantanamo Bay seeking to punish detainees for hunger striking by curtailing their right to pray? If, under our law, Hobby Lobby is a ‘person’ with a right to religious freedom, surely Gitmo detainees are people too.”

U.S. Army Lt. Col. and Department of Defense spokesman Myles B. Caggins III acknowledged that the department was aware of the filing, and said that the government would respond to it through the proper legal channels. “We are committed to religious freedoms and practices for the detainees,” Caggins stated, “keeping in mind the overall goal of security and safety for detainees and staff.”

As The Inquisitr previously reported, the Supreme Court ruled earlier this week in favor of craft store Hobby Lobby, a case that sharply divided public opinion along partisan lines. The owners of Hobby Lobby claimed that their religious freedom was violated by a contraceptive mandate found in the Affordable Care Act. In a widely circulated, scathing dissent, Justice Ruth Bader Ginsberg criticized the “startling breadth” of the court’s ruling, asserting that “What the Court must decide is not ‘the plausibility of a religious claim…’ but whether accommodating that claim risks depriving others of rights accorded them by the laws of the United States.”

The ruling is already being cited by religious groups who wish to claim exemption from federal laws, though it remains to be seen if the Supreme Court’s Hobby Lobby decision will be applied to the detainees at Guantanamo.

[Images via Raw Story and Huffington Post]

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Kerry calls threats of swapped Taliban prisoners to resume jihad “a lot of baloney”

Robert Spencer Jun 9, 2014 at 12:07pm




“No one should doubt the capacity of America to protect Americans,” said Kerry. Oh, really? What about all the many Americans murdered by their Afghan allies over the past few years? What happened to our capacity to protect them? It was sacrificed on the altar of political correctness, specifically to the refusal of our government and military to face the fact that there is no way to protect the Afghan army and police from jihadist infiltrators.

“Kerry calls threats of swapped Taliban prisoners to resume war ‘a lot of baloney,’” by David Lerman and Greg Giroux, Bloomberg, June 9, 2014 (thanks to Samantha):


WASHINGTON — U.S. Secretary of State John Kerry said threats by the five freed Taliban prisoners swapped for Army Sergeant Bowe Bergdahl to return to war and kill Americans are “a lot of baloney.”

Defending the swap that secured the release of the last American prisoner of war in Afghanistan, Kerry said the movements of the five Taliban prisoners released to Qatar will be closely monitored.

“No one should doubt the capacity of America to protect Americans,” Kerry said from France in a taped interview for CNN’s “State of the Union” program Sunday.

Bergdahl, held captive for almost five years, was released May 31 in exchange for five Taliban prisoners held by the U.S. at the Guantanamo Bay prison camp in Cuba. The deal requires that the five men remain in Qatar for at least a year.

“They’re not the only ones keeping an eye on them,” Kerry said of the Qataris, while declining to elaborate.

“We have proven what we are capable of doing with al-Qaida,” he said.

The threats by the Taliban prisoners to resume fighting in Afghanistan and kill Americans amount to propaganda, Kerry said. “They’ll say whatever they want to stir the waters,” he said.

With the U.S. combat role in Afghanistan coming to an end and most troops to be withdrawn by the end of 2016, opportunities for Taliban to kidnap Americans will dwindle, Kerry said.

Whether or not Bergdahl deserted his post in eastern Afghanistan, as some of his former fellow soldiers claim, “it would have been offensive and incomprehensible to consciously leave an American behind,” Kerry said….

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Special envoy says Obama admin. moving aggressively to transfer Gitmo detainees

Transcript

JUDY WOODRUFF: The Pentagon announced a significant milestone was reached this week in the long saga to close the prison in Guantanamo Bay. The last three ethnic Uighurs from China were released and sent to Slovakia. A total of 22 Uighurs were captured after the U.S. invaded Afghanistan in 2001.

They were found not to be a threat, and a judge ordered them freed in 2008, but the U.S. struggled to find a place to send them. All told, nine detainees were transferred in the month of December.

So, just who has been released and under what conditions? And what will happen to the remaining 155 prisoners?

For that, we turn to the State Department's special envoy for Guantanamo closure, Cliff Sloan.

Cliff Sloan, welcome to the NewsHour.

CLIFF SLOAN, U.S. State Department Special Envoy for Guantanamo Closure: Thank you. Happy to be here.

JUDY WOODRUFF: So there was a slump in the release of prisoners for a period of about two years, until you came in this summer. Just in the last month, as we have said, several released.

What's changed since you have been there?

CLIFF SLOAN: Well, Judy, as you know, in May, the president gave a speech at the National Defense University.

And he strongly reiterated and renewed his commitment to close Guantanamo. And he's been very committed to closing it from the beginning. And in this speech, he said, we were going to move forward on transfers, we were going to move forward on closing the facility.

He announced the appointment of special envoys at the State Department and the Defense Department who would be focused and moving forward on closure. I started the beginning of July. Paul Lewis, my counterpart at the Defense Department, started in November. And so we are moving full-speed ahead.

And I'm also pleased that we are able to work with Congress in the last few months to change the law in a way that removes some of the obstacles and restrictions that had led to that slump that you referred to. And I think that's also going to be very helpful to us in moving forward.

JUDY WOODRUFF: Well, is that what made the difference? And how did you prioritize who was going to be released first among these prisoners?

CLIFF SLOAN: Well, in terms of changing the law -- and the law will be different in 2014 -- I think that is going to help us very much in moving forward with the transfers.

In terms of prioritizing the transfers, let's step back for a second and have an overview of the facility; 155 detainees are there right now; 76 now are approved for transfer; 79 are not approved for transfer. And when I say approved for transfer, there's a very important point that I think people don't realize, which is that the executive branch in 2009 and 2010 undertook a very rigorous review by the national security agencies and departments.

And those who are approved for transfer were unanimously determined that they should be transferred, subject to appropriate security arrangements and humane treatment arrangements.

JUDY WOODRUFF: That they were no longer a threat, or...

CLIFF SLOAN: Well, that they should be -- that they should be transferred, subject to appropriate security and humane treatment, assurances and agreements with other countries, that there was no need to continue to hold them.

And so those are the priority. And we have been moving forward as aggressively and quickly as we can on those approved for transfer. Now, let me just say...

(CROSSTALK)

JUDY WOODRUFF: Can I just say, is the hold -- has the holdup then been finding the countries, the places that will take them?

CLIFF SLOAN: Well, it's a -- it's a complicated process, which includes, as I said, there were the congressional restrictions which we think were far more burdensome than necessary and helpful.

There's the question of the countries they're going to. And in some cases, it's to their home countries. And in some cases, if that's not possible for security or humane treatment reasons, it would be to third countries. And that takes negotiations. And it is a -- it is a complicated process.

But one thing that I think is very important, Judy, and that I have tried to emphasize and Paul Lewis at the Defense Department has tried to emphasize, we don't want to relitigate the old battles. We don't be looking backward. We want to be looking ahead.

And we feel very strongly there is a new air of possibility on moving forward on closing the Guantanamo detention facility. That is what we are focused on. We don't want to go over what happened in the -- during the last several months and the years when there was that slump. We feel very good about moving ahead now.

JUDY WOODRUFF: So, of the 155 left, you said 70-some are cleared for -- how long is it going to take to get those detainees out of the country to a new location?

CLIFF SLOAN: Well, I can't give you an exact time frame, but what I can tell you is, we are working just as hard as we can. We are moving forward as aggressively as we can.

As you mentioned, nine were transferred in the month of December alone, 11 in the last couple of months. We are working very hard on all those approved for transfer. But the other point that I want to make which is also very important is, the 79 who are not approved for transfer, we have also started a new administrative process for them, a new hearing, where they have the opportunity to show that they now should be approved for transfer. They get a fresh look.

And that's important as well in moving forward.

JUDY WOODRUFF: So it's -- so they may not necessarily stay at Guantanamo, because right now it looks as if you have got several dozen of them who are -- who will be there indefinitely?

CLIFF SLOAN: Well, they -- as I said, we have 79 who are not approved for transfer. Eight of those are facing criminal charges. So, of the remaining 71, they now will have this new administrative hearing.

That's already started. That's going to accelerate on a rolling basis, and that is going to be very important in moving forward.

JUDY WOODRUFF: Do you believe that Guantanamo will close within the foreseeable future, and that all detainees will be taken care of one way or another?

CLIFF SLOAN: Absolutely.

We are going to close the Guantanamo detention facility. I have no doubt about that. And President Obama is very strongly committed to that.

JUDY WOODRUFF: By when?

CLIFF SLOAN: I'm not going to give you a time frame on it, but I am absolutely convinced that we going to close the Guantanamo facility.

JUDY WOODRUFF: Why are you convinced, if you don't -- if you can't say how long it's going to take?

CLIFF SLOAN: Well, I can't say how long it's going to take because there are variables, and I don't want to give an artificial timeline. I don't want to just pluck a date out of the air and say it.

But those who have been approved for transfer, we will do everything we can to transfer those. Those who are not approved for transfer will have the new administrative hearing. Now, there is more work to be done with Congress, because there currently is a ban on bringing any detainees to the United States, including for prosecution in our courts.

And we think that is unwise. And we think that restriction should be lifted. But we are going...

(CROSSTALK)

JUDY WOODRUFF: And do you think you can be successful changing that?

(CROSSTALK)

CLIFF SLOAN: I think so. And I think you are seeing a new recognition across the spectrum that it's time to move on, it is time to put this problem before us.

When you look at the facts and when you just take a sort of reasoned view of it, there is a much better solution out there than just -- just keeping them at Guantanamo. And we can and we will close the Guantanamo detention facility.

JUDY WOODRUFF: Cliff Sloan, who is the special envoy for Guantanamo closure, we thank you.

CLIFF SLOAN: Thank you. I appreciate it.


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Al Qaeda kingpin Abu Anas al-Libi belongs at Guantanamo, not in New York

By J.D. Gordon

Published October 14, 2013

FoxNews.com

The interior of an unoccupied communal cellblock is seen at Camp VI, a prison used to house detainees at the U.S. Naval Base at Guantanamo Bay. (rEUTERS)


U.S. Commandos scored a tactical victory against Al Qaeda by swooping into Libya and capturing Abu Anas al-Libi earlier this month, a former Bin Laden confidant and terror kingpin. Now President Obama must follow through with a strategic win.

That means extracting valuable intelligence from al-Libi, whose name literally means “the Libyan,” about his two decades of terror insider experience as an Al Qaeda computer expert and co-conspirator of plots against U.S. interests. Al-Libi is believed to have been involved in plots across Africa and the Middle East, including against our Kenya and Tanzania Embassies in 1998 which killed 224 people.

But getting that treasure trove of information depends on our strategy to pry it from a hardened warrior.

And so far, the Obama administration is failing us.

Here’s why:

Instead of whisking al-Libi to Guantanamo where he could be interrogated by the military and CIA for as long as it takes to get actionable intelligence – and then try him by military commission as an enemy combatant, Mr. Obama first decided to hold him aboard the amphibious transport ship USS San Antonio, and later try him in a New York federal courtroom.

Mr. Obama’s resistance is entirely based on politics, which he is putting above national security. Again.

First, let's look at the move to put him on the Navy ship.

While holding key terror suspects captured overseas on a Navy ship makes sense temporarily, therein lies the long term problem -- everybody knows it’s just a temporary landing place, including the detainee. Al-Libi has likely been inclined to bide his time and wait till he arrived in the United States to speak with a civilian lawyer.

Second, about justice.

Obama’s counter-terrorism strategy often resembles a hybrid of police work and war. Ahmed Abdulkadir Warsame, a leader of Somalia’s Al Qaeda ally, Al Shabaab was captured in 2011 and held aboard a Navy ship for two months. But then Obama ordered his transfer to federal court in New York where he would be afforded a full range of Constitutional Rights.

Ironically, Obama champions a concept that gives foreign enemy combatants trying to kill Americans, with generous legal protections designed by our Founding Fathers to protect Americans.

What would George Washington would say?

Third, on the interrogations.

Let’s face it, al-Libi’s time on a ship likely didn't require much toughness. Mr. Obama banned coercive interrogation techniques within 48 hours of his January 2009 inauguration. -- Al-Libi could face rougher treatment from police departments across the country for robbing a liquor store.

Sure, he may decide to cooperate with investigators over a hamburger and fries. Some FBI agents have the knack of getting guys to reveal meaningful information via polite conversations, but that strategy can take considerable time as the interrogator-detainee form a tight bond. While that’s great to help prosecutors secure convictions in court, it could take years, and won't stop imminent attacks.

So what’s wrong with sending al-Libi to Guantanamo?

Actually, nothing.

Mr. Obama’s resistance is entirely based on politics, which he is putting above national security.

Again.

Let’s understand that although Gitmo had a rocky start in 2002, it remains in the crosshairs of history’s largest propaganda campaign.

Left-leaning defense lawyers, so-called human rights activists, key media and politicians, both in the U.S. and overseas, worked tirelessly to convince the world that Al Qaeda and Taliban terrorists at Gitmo were actually the victims.

They conveniently ignore the fact that detainees collectively killed countless thousands of civilians worldwide, including on Sept. 11, 2001, in the mass-casualty bombings at our East African Embassies, at a Bali nightclub, and the Jakarta Marriott, and during Afghanistan’s civil war.

And with the exception of isolated incidents impacting a grand total of 1% of the total detainee population, the rest have been treated with kid gloves.

Gitmo and military commissions have played a vital role in defending America as we remain at war.

Just as we held Nazis as enemy combatants in 1943, we should continue holding Al Qaeda terrorists and affiliates in the same status.

Al-Libi should join them at Gitmo -- starting today.

J.D. Gordon is a retired Navy Commander who served as a Pentagon spokesman in the Office of the Secretary of Defense from 2005-09. He serves as senior adviser to several Washingtonbased think tanks.


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White House blames Congress for Gitmo prison staying open

Tue Apr 16, 2013 2:34PM




The White House on Monday blamed Congress for preventing the closing of the Guantanamo Bay detention prison amid a hunger strike and riots at the camp.

President Obama “remains committed” to closing Guantanamo Bay, something he said he would do in his first week in office in 2009, White House press secretary Jay Carney insisted.

“It is the president’s view that facility ought to be closed”, Carney said. “We have taken steps processing detainees, transferring them to third countries, but the obstacles to closing Guantanamo Bay have been raised by Congress”.

Violent riots broke out at one of the prison's camps this weekend after military authorities decided to end communal housing, instead moving prisoners to individual cells.

The Pentagon said the decision was made after detainees covered windows and surveillance cameras, a move that coincided with a hunger strike being staged by dozens of prisoners. At least one prisoner was injured by a rubber bullet in the clash with guards on Saturday.

Saturday's violence has refocused attention on the administration’s failed attempt to close the prison in Cuba. The Hill




FACTS & FIGURES

The Center for Constitutional Rights lists a few basic facts about Guantanamo, which are worth recalling:


779 men have been brought to and held in Guantanamo since January 2002, all of whom were Muslim.

604 men have been transferred from Guantanamo.

166 men remain imprisoned at Guantanamo.

92 percent of the men ever held in Guantanamo, according to the U.S. government, are not “al-Qaeda fighters”.

86 men have been cleared for release from Guantanamo but remain in detention, including 56 men from Yemen.

46 men are slated for indefinite detention without charge or trial. The U.S. government says they will not be prosecuted or released.

22 or more prisoners were under 18 when captured.

12 or more men fear torture or persecution in their countries of nationality. These men will remain in detention until other countries offer them safe havens and a chance to rebuild their lives.

10 years or more is the length of time most men have been held at Guantanamo without charge or trial.

9 men have died in Guantanamo.

0 senior government officials, including former President Bush and former Vice President Cheney, have been held accountable for the wrongful detention and torture at Guantanamo. Common Dreams



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