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(2872)

Stephan Haggard on North Korea and the Tactical Divide

Stephan Haggard on North Korea and the Tactical Divide

The escalating tension between North Korea and the United States has risen to an unprecedented level. Earlier this month, Stephan Haggard, Lawrence and Sallye Krause Professor of Korea-Pacific Studies...

22 Syys 201753min

Brookings Panel on Cybersecurity in U.S. Elections

Brookings Panel on Cybersecurity in U.S. Elections

The evidence of foreign interference in the 2016 U.S. elections emphasizes the significant national security threat to our democracy. Last week, Susan Hennessey joined a panel at the Brookings Institu...

15 Syys 201758min

Benjamin Wittes on Investigating the President

Benjamin Wittes on Investigating the President

Special Counsel Robert Mueller’s investigation into possible collusion between President Donald Trump’s presidential campaign and the Russian government has been a focal point in political discourse s...

8 Syys 20171h 8min

Special Edition: Shane Harris and Paul Rosenzweig on the State of Things Today

Special Edition: Shane Harris and Paul Rosenzweig on the State of Things Today

In the past 24 hours, the Financial Times reported that Russian lobbyist Rinat Akhmetshin testified before Robert Mueller's grand jury; Politico carried that the Mueller team is cooperating with the ...

31 Elo 201745min

#LawfareQuestions

#LawfareQuestions

Susan Hennessey and Benjamin Wittes answer listener questions about Lawfare, the podcast, and current events in law and national security.Support this show http://supporter.acast.com/lawfare. Hosted o...

25 Elo 201743min

Bobby Chesney and Michael Sulmeyer on NSA and Cyber Command

Bobby Chesney and Michael Sulmeyer on NSA and Cyber Command

Friday morning, the White House announced it will elevate Cyber Command to a full unified combatant command. Within 60 days, the Secretary of Defense will recommend whether Cyber Command should also s...

18 Elo 201740min

Bryan Fogel on "Icarus"—and Russia

Bryan Fogel on "Icarus"—and Russia

Filmmaker and cyclist Bryan Fogel talks about his new movie, Icarus, about Russian subversion of international doping rules in sports—and how it relates to the current investigation of Russian interfe...

12 Elo 201741min

Mira Rapp-Hooper and Stephan Haggard on North Korea

Mira Rapp-Hooper and Stephan Haggard on North Korea

The growing threat from North Korea has intensified during the past few weeks after a series of missile tests demonstrated that the Kim regime may soon be able to strike the continental United States....

5 Elo 201746min

Suosittua kategoriassa Politiikka ja uutiset

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