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)

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

The Lawfare Podcast: Daniel Placek on Darkode

The Lawfare Podcast: Daniel Placek on Darkode

Last week as part of the University of Texas at Austin Strauss Center's conference on "The Frontiers of Cybersecurity Policy and Law," Daniel Placek, formerly one of the key figures behind the undergr...

13 Helmi 201657min

The Lawfare Podcast: Defense Strategies for the Next President

The Lawfare Podcast: Defense Strategies for the Next President

This week as Iowa voters took to the caucuses, Brookings hosted a panel discussion on defense strategy for the next president. The panel, moderated by Brookings Senior Fellow Michael O’Hanlon, include...

5 Helmi 20161h 30min

The Lawfare Podcast: Justice Stephen Breyer on the Court and the World

The Lawfare Podcast: Justice Stephen Breyer on the Court and the World

Last week at The Brookings Institution, United States Supreme Court Justice Stephen Breyer participated in a discussion with Lawfare’s Benjamin Wittes and Newsweek’s Dahlia Lithwick about his new book...

29 Tammi 20161h 31min

The Lawfare Podcast: Ashley's War and the Role of Women on the Special Ops Battlefield

The Lawfare Podcast: Ashley's War and the Role of Women on the Special Ops Battlefield

The fourth Hoover Book Soiree held this week in Hoover's beautiful Washington, D.C. offices featured Gayle Tzemach Lemmon on her newest book, Ashley’s War: The Untold Story of a Team of Women Soldiers...

22 Tammi 20161h

The Lawfare Podcast: Why You Should Buy Back Your Bitcoin

The Lawfare Podcast: Why You Should Buy Back Your Bitcoin

This week, Brookings hosted a discussion on Bitcoin and the technology that undergirds the currency, specifically focusing on the promise of the distributed-ledger. The panel featured David Wessel, Mi...

15 Tammi 20161h 56min

The Lawfare Podcast: Nick Weaver on Why You Should Sell Your Bitcoin

The Lawfare Podcast: Nick Weaver on Why You Should Sell Your Bitcoin

This week we have on Nick Weaver the show. Nick's a regular Lawfare contributor, senior staff researcher at the International Computer Science Institute in Berkeley, California, and as you’ll see, qui...

8 Tammi 201645min

The Lawfare Podcast: ISIS in America: Disrupting Retweets from Raqqa

The Lawfare Podcast: ISIS in America: Disrupting Retweets from Raqqa

This week, we asked Lorenzo Vidino and his co-author, Seamus Hughes, both from the George Washington University Program on Extremism, into the studio to discuss their new report, “ISIS in America: Fro...

18 Joulu 201542min

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