Lawfare Archive: Can Torture Evidence Be Used at Guantanamo Bay?
The Lawfare Podcast1 Tammi 2025

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(2868)

Lawfare Daily: The Justice Department as a Political Weapon

Lawfare Daily: The Justice Department as a Political Weapon

In a live conversation on September 29, Lawfare Senior Editor Kate Klonick spoke to Lawfare Editor in Chief Benjamin Wittes, Lawfare Senior Editor Anna Bower, and Professor of Practice at New York Uni...

30 Syys 202552min

Lawfare Daily: The Trials of the Trump Administration, Sept. 26

Lawfare Daily: The Trials of the Trump Administration, Sept. 26

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, Eric Columbus, and Roger Parloff to discuss the Supreme Cour...

29 Syys 20251h 44min

Lawfare Archive: David Pozen on ‘The Constitution of the War on Drugs’

Lawfare Archive: David Pozen on ‘The Constitution of the War on Drugs’

From May 10, 2024: David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relation...

28 Syys 202555min

Lawfare Archive: The Supreme Court Rules in Murthy v. Missouri

Lawfare Archive: The Supreme Court Rules in Murthy v. Missouri

From June 28, 2024: On June 26, the Supreme Court handed down its decision in Murthy v. Missouri—the “jawboning” case, concerning a First Amendment challenge to the government practice of pressuring s...

27 Syys 202543min

Lawfare Daily: Rethinking Deepfake Response with Gavin Wilde

Lawfare Daily: Rethinking Deepfake Response with Gavin Wilde

Gavin Wilde, Nonresident Fellow at the Carnegie Endowment for International Peace, adjunct lecturer at Johns Hopkins University, and author of the recent paper, “Pyrite or Panic? Deepfakes, Knowledge ...

26 Syys 202536min

Rational Security: The “I AM an Object Lesson” Edition

Rational Security: The “I AM an Object Lesson” Edition

This week, Scott sat down with Senior Editors Kate Klonick and Eric Columbus to talk through the week’s big national security news stories, including: “An Un-Airing of Grievances.” Since the assassina...

25 Syys 20251h 13min

Scaling Laws: AI and Young Minds: Navigating Mental Health Risks with Renée DiResta and Jess Miers

Scaling Laws: AI and Young Minds: Navigating Mental Health Risks with Renée DiResta and Jess Miers

Alan Rozenshtein, Lawfare Senior Editor and Research Director; Renée DiResta, Lawfare Contributing Editor; and Jess Miers, visiting assistant professor of Law at the University of Akron School of Law,...

25 Syys 202559min

Lawfare Daily: Analyzing the Administration's New Counterdrug Approach

Lawfare Daily: Analyzing the Administration's New Counterdrug Approach

Loren Voss, Public Service Fellow at Lawfare, sits down with Dan Byman, Lawfare Foreign Policy Editor and the Director of the Warfare, Irregular Threats, and Terrorism Program at the Center for Strate...

24 Syys 202552min

Suosittua kategoriassa Politiikka ja uutiset

aikalisa
politiikan-puskaradio
rss-ootsa-kuullut-tasta
tervo-halme
ootsa-kuullut-tasta-2
viisupodi
rss-podme-livebox
et-sa-noin-voi-sanoo-esittaa
otetaan-yhdet
rss-asiastudio
rss-vaalirankkurit-podcast
aihe
the-ulkopolitist
rss-sanna-ukkola-show-verkkouutiset
rikosmyytit
radio-antro
rss-mina-ukkola
rss-kovin-paikka
rss-terveisia-seelannista
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset