Lawfare Archive: Can Torture Evidence Be Used at Guantanamo Bay?

Lawfare Archive: Can Torture Evidence Be Used at Guantanamo Bay?

From August 8, 2023: Just weeks ago, the U.S. Court of Appeals for the D.C. Circuit upheld the life sentence of a Yemeni national serving out his time at the Guantanamo Bay detention center. He had appealed this life sentence, in part on the grounds that his conviction was based on evidence obtained by torture. Meanwhile, at the Guantanamo military commissions, another detainee tried to appeal charges against him on the basis that torture-obtained evidence was used in his referral for trial by the military commissions—but in June, the body that reviews referrals for trials at Guantanamo denied this appeal. He and his co-defendants are currently set to have pre-trial hearings in October.

All of this is happening despite the fact that in 2022, in a case about a different Guantanamo detainee, the Biden administration’s Justice Department committed to a reinterpretation of a key statute that blocks the use of torture-obtained evidence in Guantanamo litigation and reaffirmed that it would not try to admit statements that the detainee gave while in CIA custody.

So how and why is it that torture-obtained evidence still seems to be being used in certain GTMO cases? To understand the issues, Lawfare Associate Editor Hyemin Han spoke to Scott Roehm, Director of Global Policy and Advocacy at the Center for Victims of Torture, and an Adjunct Professor of Law at Georgetown Law School. They talked about the history of torture evidence at GTMO, dove into a few cases in context of the Justice Department’s 2022 re-interpretation, and discussed what this all might mean for other GTMO detainees moving forward.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Jaksot(2865)

Rational Security: The “Chestbursters Roasting on an Open Fire” Edition

Rational Security: The “Chestbursters Roasting on an Open Fire” Edition

This week, Scott down with his Lawfare colleagues Alan Rozenshtein and Ari Tabatabai to talk through a few of the week’s big national security news stories, including:“Once You Pop, You Can’t Stop.” T...

17 Joulu 20251h 22min

Lawfare Daily: Scott Anderson on How Social Media Platforms Should Handle Unrecognized Regimes

Lawfare Daily: Scott Anderson on How Social Media Platforms Should Handle Unrecognized Regimes

Lawfare Senior Editor Alan Rozenshtein speaks with Scott Anderson, Senior Editor at Lawfare, fellow in Governance Studies at the Brookings Institution, and non-resident senior fellow in the National S...

17 Joulu 202542min

Lawfare Daily: Ukraine’s Asymmetric Blueprint in the Black Sea

Lawfare Daily: Ukraine’s Asymmetric Blueprint in the Black Sea

At the start of the full-scale invasion of Ukraine, Russia held clear naval superiority in the Black Sea. Over the course of the war, Ukraine has developed an asymmetric maritime strategy using unmann...

16 Joulu 202538min

Lawfare Daily: The Trials of the Trump Administration, Dec. 12

Lawfare Daily: The Trials of the Trump Administration, Dec. 12

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Molly Roberts, and Eric Columbus and Lawfare Public Service Fellow Loren Vos...

15 Joulu 20251h 37min

Lawfare Archive: Introducing Allies: A Podcast Series from Lawfare and Goat Rodeo

Lawfare Archive: Introducing Allies: A Podcast Series from Lawfare and Goat Rodeo

From May 16, 2022: Today, Lawfare and Goat Rodeo released the first two episodes of Allies, a podcast series that traces the U.S.’s efforts to protect Afghan interpreters, translators and other partne...

14 Joulu 202535min

Lawfare Archive: President-elect Trump's National Security Appointments

Lawfare Archive: President-elect Trump's National Security Appointments

From November 16, 2024: Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Alan Rozenshtein, and Quinta Jurecic and Executive Director of the Institute for Constituti...

13 Joulu 20251h 8min

Lawfare Live: The Trump Administration’s 2025 National Security Strategy

Lawfare Live: The Trump Administration’s 2025 National Security Strategy

At 10 am ET on Dec. 11, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson; Lawfare Foreign Policy Editor and Director of the Warfare, Irregular Threats, and...

12 Joulu 202556min

Lawfare Daily: The Duty to Disobey Unlawful Orders

Lawfare Daily: The Duty to Disobey Unlawful Orders

News of a U.S. attack on a boat off the coast of Venezuela—which included a second strike on survivors of the first—has raised new concerns about the administration’s operations against alleged drug t...

11 Joulu 202553min

Suosittua kategoriassa Politiikka ja uutiset

aikalisa
politiikan-puskaradio
rss-ootsa-kuullut-tasta
tervo-halme
ootsa-kuullut-tasta-2
viisupodi
et-sa-noin-voi-sanoo-esittaa
rss-vaalirankkurit-podcast
rss-podme-livebox
rss-asiastudio
otetaan-yhdet
aihe
the-ulkopolitist
radio-antro
rss-hyvaa-huomenta-bryssel
rss-sanna-ukkola-show-verkkouutiset
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset
rss-kiina-ilmiot
rss-kovin-paikka
rss-vain-talouselamaa