Legal Commentary

Judge Orders Gov't to Turn Over Evidence of Torture During Rendition

By TChris

As TalkLeft noted here, the government dropped charges against Guantanamo detainee Binyam Mohamed. That hasn't stopped the Bush administration from continuing to detain him, but it has raised a judicial eyebrow.

The Justice Department told Judge Emmet Sullivan that it no longer relied upon the claim that Mohamed assisted Jose Padilla in planning the detonation of a "dirty bomb" in the United States -- a charge that was never pursued against Padilla.

At the Thursday hearing, Judge Sullivan asked why, after more than six years, the government had stepped away from its claims about a dirty-bomb plot. “That raises a question as to whether or not the allegations were ever true,” the judge said.

It certainly does. [more ...]

Mohamed says he falsely confessed to the dirty bomb plot to put an end to torture that he believes was directed by American officials while he was being held in Morocco and elsewhere. Padilla was convicted on other charges but was never tried on the allegation that he conspired to set off a dirty bomb.

The Justice Department denies that Mohamed was tortured. However, documents released by British intelligence officials tend to substantiate his claim that he was tortured during the two years he was held incommunicado.

Here's how the rendition game has worked:

The country that receives the prisoners gives phony assurances to Washington that they will be well-treated, which allows the Central Intelligence Agency to claim, as they did in this case, that it “does not transport individuals anywhere for the purpose of torture.” Right, and waterboarding is not torture either.

The Justice Department told the court it would file new charges against Mohamed. It apparently continues to rely on statements Mohamed made that allegedly confirm his support for al Qaeda. Judge Sullivan therefore ordered the government to turn over to Mohamed's lawyers documents pertaining to Mohamed's treatment during his rendition to other countries.

Judge Sullivan said: "My concern is getting to the truth." That's a refreshing attitude, and one that is at odds with the Justice Department, which merely wants to justify the government's prolonged detention and abuse of Mohamed.

As The New York Times editorial board wrote:

If he was indeed tortured by proxies of the C.I.A., he should be set free, with the nation’s apologies, and those responsible should go to jail in his place.

Meanwhile, the British government may launch a criminal investigation into the actions of MI5 and the CIA with regard to Mohamed's rendition and torture.

Full post as published by TalkLeft on October 31, 2008 (boomark / email).