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(2873)

Rational Security: “The Next First Day of the Rest of Our Lives” Edition

Rational Security: “The Next First Day of the Rest of Our Lives” Edition

This week, Scott sat down with his Lawfare colleagues and hosts emeriti Benjamin Wittes, Quinta Jurecic, and Alan Rozenshtein to talk through the week’s big—and we mean BIG—national security news, inc...

22 Tammi 20251h 21min

Lawfare Daily: The Gaza Ceasefire and Where It May Lead

Lawfare Daily: The Gaza Ceasefire and Where It May Lead

For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with a panel of leading experts to discuss the recent ceasefire in Gaza, including: Natan Sachs, Senior Fellow at the Brookings In...

22 Tammi 20251h 4min

Lawfare Daily: Discussing Recent Disruptions to Undersea Cables with Kevin Frazier

Lawfare Daily: Discussing Recent Disruptions to Undersea Cables with Kevin Frazier

Senior Editor at Lawfare Eugenia Lostri sits down with Kevin Frazier, Lawfare’s Tarbell Fellow in Artificial Intelligence, to discuss recent disruptions to undersea cables. They talk about the ongoing...

21 Tammi 202540min

Lawfare Archive: The Paradox of Democracy

Lawfare Archive: The Paradox of Democracy

From July 11, 2022: We often use the terms democracy and liberal democracy interchangeably, but they're not the same thing. Democracy means majority rule and public participation. Liberal democracy me...

20 Tammi 202557min

Lawfare Archive: Norm Eisen on the Emoluments Clause

Lawfare Archive: Norm Eisen on the Emoluments Clause

From February 11, 2017: Donald Trump's election as president brought a surge of interest in the previously obscure Emoluments Clause, which prohibits any “Person holding any Office of Profit or Trust ...

19 Tammi 202539min

Lawfare Archive: Susan Hennessey and Matt Tait Go on a Political Witch Hunt

Lawfare Archive: Susan Hennessey and Matt Tait Go on a Political Witch Hunt

From January 7, 2017: In an interview with The New York Times before his intelligence briefing on Russian efforts to interfere in the U.S. election on Friday, President-elect Donald Trump called the i...

18 Tammi 202546min

Lawfare Daily: Janet Egan and Lennart Heim on the AI Diffusion Rule

Lawfare Daily: Janet Egan and Lennart Heim on the AI Diffusion Rule

Janet Egan, Senior Fellow at the Center for a New American Security (CNAS) and Lennart Heim, an AI researcher at RAND, join Kevin Frazier, a Tarbell Fellow at Lawfare, to analyze the interim final rul...

17 Tammi 202539min

Lawfare Daily: Rubio, Ratcliffe, and Bondi Confirmation Hearings Dispatch

Lawfare Daily: Rubio, Ratcliffe, and Bondi Confirmation Hearings Dispatch

In a live conversation on January 15, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Managing Editor Tyler McBrien and Lawfare Senior Editors Anna Bower and Scott Anderson about the second d...

16 Tammi 20251h

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
rikosmyytit
the-ulkopolitist
rss-asiastudio
io-techin-tekniikkapodcast
aihe
rss-pallo-keskelle-2
radio-antro
rss-kovin-paikka
rss-sanna-ukkola-show-verkkouutiset
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset