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: Sanctions, Speech, and Sovereignty in Brazil

Lawfare Daily: Sanctions, Speech, and Sovereignty in Brazil

For today’s episode, Lawfare Contributing Editor Renée DiResta interviews Joan Barata, Visiting Professor at the Catholic University of Porto; Laís Martins, journalist at The Intercept Brazil and Fell...

9 Syys 202556min

Lawfare Daily: The Trials of the Trump Administration, Sep 5

Lawfare Daily: The Trials of the Trump Administration, Sep 5

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff and Scott Anderson, Lawfare Public Service Fellow Loren Voss, and the Bren...

8 Syys 20251h 38min

Lawfare Archive: How the FBI is Combating Cyberattacks, with Brett Leatherman

Lawfare Archive: How the FBI is Combating Cyberattacks, with Brett Leatherman

From March 28, 2024: One of the gravest threats to U.S. national security today—and also one of the newest—is the risk of cyberattacks. They come in many forms, and they can incapacitate companies, in...

7 Syys 202554min

Lawfare Archive: A Conversation with an Exiled Venezuelan Opposition Leader

Lawfare Archive: A Conversation with an Exiled Venezuelan Opposition Leader

From August 22, 2024: Anastasiia Lapatina is a Kyiv-based Ukraine Fellow at Lawfare. Leopoldo Lopez is a Venezuelan opposition leader living in exile in Madrid, after escaping prison for leading prote...

6 Syys 202525min

Lawfare Daily: U.S. Military Conducts Lethal Strike on Venezuelan ‘Drug Boat’

Lawfare Daily: U.S. Military Conducts Lethal Strike on Venezuelan ‘Drug Boat’

In a live conversation on Sept. 4, Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Scott R. Anderson and Professor of Law at Cardozo Law School Rebecca Ingber to discuss th...

5 Syys 20251h

Scaling Laws: Contrasting and Conflicting Efforts to Regulate Big Tech: EU v. U.S.

Scaling Laws: Contrasting and Conflicting Efforts to Regulate Big Tech: EU v. U.S.

Anu Bradford, Professor at Columbia Law School, and Kate Klonick, Senior Editor at Lawfare and Associate Professor at St. John's University School of Law, join Kevin Frazier, AI Innovation and Law Fel...

5 Syys 202547min

Lawfare Daily: Wargaming a Chinese Blockade of Taiwan

Lawfare Daily: Wargaming a Chinese Blockade of Taiwan

For today's episode, Lawfare Foreign Policy Editor Daniel Byman interviews Mark Cancian, a Senior Adviser with the Center for Strategic and International Studies, to assess the impact and implications...

4 Syys 202534min

Rational Security: The “Master of the House” Edition

Rational Security: The “Master of the House” Edition

This week, Scott sat down with his Lawfare colleagues Anna Bower, Tyler McBrien, and Peter Harrell to talk through the week’s big national security news stories, including:“Faginomics.” With the recen...

3 Syys 20251h 20min

Suosittua kategoriassa Politiikka ja uutiset

aikalisa
politiikan-puskaradio
rss-ootsa-kuullut-tasta
ootsa-kuullut-tasta-2
tervo-halme
viisupodi
rss-podme-livebox
otetaan-yhdet
rss-asiastudio
et-sa-noin-voi-sanoo-esittaa
aihe
rss-sanna-ukkola-show-verkkouutiset
rikosmyytit
the-ulkopolitist
rss-pallo-keskelle-2
rss-mina-ukkola
rss-hyvaa-huomenta-bryssel
rss-terveisia-seelannista
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset
rss-vain-talouselamaa