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(2870)

Rosa Brooks on "How Everything Became War and the Military Became Everything"

Rosa Brooks on "How Everything Became War and the Military Became Everything"

At this week's Hoover Book Soiree, Rosa Brooks joined Benjamin Wittes to talk about her new book, How Everything Became War and the Military Became Everything: Tales from the Pentagon. The book covers...

30 Syys 201653min

Judge Laurence Silberman on the Birth of NSD

Judge Laurence Silberman on the Birth of NSD

Last week, the National Security Division of the Justice Department celebrated its 10th anniversary by holding a major conference at the Center for Strategic and International Studies. Judge Laurence ...

23 Syys 201627min

An Interview with Independent Presidential Candidate Evan McMullin

An Interview with Independent Presidential Candidate Evan McMullin

It's been an unusual election season so far—to put it mildly. Among the many other unexpected or unprecedented occurrences that have taken place over the course of the 2016 campaign season, we've seen...

17 Syys 201637min

Disrupting ISIS Recruitment Online

Disrupting ISIS Recruitment Online

On September 7, the Brookings Institution convened a discussion on a pilot program to disrupt online ISIS recruitment spearheaded by Jigsaw, a technology think tank run by Alphabet. Yasmin Green, Jigs...

9 Syys 201650min

Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb

Geeking Out on Al-Nashiri with Michel Paradis and Bob Loeb

Michel Paradis, a senior attorney in the Department of Defense’s Office of the Chief Defense Counsel and counsel for Abd al-Rahim al-Nashiri, came on the podcast with Bob Loeb, a partner at Orrick, He...

2 Syys 201652min

Dave Aitel and Matt Tait on How “Everything You Know About the Vulnerability Equities Process Is Wrong”

Dave Aitel and Matt Tait on How “Everything You Know About the Vulnerability Equities Process Is Wrong”

Dave Aitel and Matt Tait come on the podcast to discuss their recent Lawfare essay critiquing the current status of the Vulnerability Equities Process. They argue that the process by which the US gove...

26 Elo 201647min

#LawfareAMA

#LawfareAMA

It's the dog days of summer, and Lawfare is bringing you the special August AMA edition. All week, we've been taking your questions on Twitter under the hashtag #LawfareAMA, on topics ranging from Tru...

19 Elo 201636min

Walter Pincus on "The Norms of National Security Reporting"

Walter Pincus on "The Norms of National Security Reporting"

Walter Pincus, the Washington Post’s recently-retired national security reporter, sat down with Benjamin Wittes at the Hoover Book Soiree to discuss Walter's recent essay, "Reflections on Secrecy and ...

12 Elo 201640min

Suosittua kategoriassa Politiikka ja uutiset

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