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(2869)

Eric Schwartz on US Refugee Policy and the Syrian Civil War

Eric Schwartz on US Refugee Policy and the Syrian Civil War

Eric Schwartz, dean of the Hubert H. Humphrey School of Public Affairs at the University of Minnesota and previously U.S. Assistant Secretary of State for Population, Refugees, and Migration, explains...

8 Huhti 201641min

The Lawfare Podcast: Adam Segal on "The Hacked World Order"

The Lawfare Podcast: Adam Segal on "The Hacked World Order"

This week, Adam Segal of the Council on Foreign Relations joined Lawfare’s Jack Goldsmith at the Hoover Book Soiree for a discussion of his new book, The Hacked World Order: How Nations Fight, Trade, ...

31 Maalis 201644min

The Lawfare Podcast: The Need for Pragmatic Engagement Amidst Global Uncertainty

The Lawfare Podcast: The Need for Pragmatic Engagement Amidst Global Uncertainty

This week on the podcast, Lawfare’s Ben Wittes interviews Amy Zegart and Stephen Krasner, both of the Hoover Institution, about their recently released national security strategy called Pragmatic Enga...

25 Maalis 201641min

The Lawfare Podcast: General Michael Hayden Discusses American Intelligence in the Age of Terror

The Lawfare Podcast: General Michael Hayden Discusses American Intelligence in the Age of Terror

Last week, General Michael Hayden—the only person to be both the director of the CIA and the NSA—joined Lawfare’s Benjamin Wittes at the Hoover Book Soiree for a discussion of his new book, Playing to...

18 Maalis 201656min

The Lawfare Podcast: Lisa Monaco on America’s Counterterrorism Strategy against ISIS and Al Qaeda

The Lawfare Podcast: Lisa Monaco on America’s Counterterrorism Strategy against ISIS and Al Qaeda

This week, the president’s Homeland Security Advisor, Lisa Monaco, made news by announcing that the White House will release long sought data on the U.S. drone program. Delivering the Kenneth A. Mosko...

10 Maalis 20161h

Apple v. FBI at the Wilson Center

Apple v. FBI at the Wilson Center

The Wilson Center takes on the Apple v. FBI controversy in a panel entitled “Will They or Won’t They? Understanding the Encryption Debate.” Wilson Center President Jane Harman hosts the event, which f...

5 Maalis 20161h 23min

The Lawfare Podcast: How to Solve the Encryption Challenge

The Lawfare Podcast: How to Solve the Encryption Challenge

This week as the battle between the FBI and Apple raged in a California court, the Bipartisan Policy Center in Washington hosted Chairman of the House Homeland Security Committee Michael McCaul (R-TX)...

26 Helmi 20161h 33min

The Lawfare Podcast: Leon Wieseltier on the Moral Dimensions of the Syrian Refugee Crisis

The Lawfare Podcast: Leon Wieseltier on the Moral Dimensions of the Syrian Refugee Crisis

This week we have Leon Wieseltier on the show, who among many other things, is the Isaiah Berlin Senior Fellow in Culture and Policy at the Brookings Institution. Wieseltier is currently completing an...

19 Helmi 201643min

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