Lawfare Archive: Can Torture Evidence Be Used at Guantanamo Bay?
The Lawfare Podcast1 Jan 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.

Episoder(2868)

Lawfare Daily: FCC’s New Submarine Cable Rules with Adam Chan

Lawfare Daily: FCC’s New Submarine Cable Rules with Adam Chan

Adam Chan, National Security Counsel at the Federal Communications Commission (FCC) and inaugural Director of the FCC’s new Council on National Security, joins Lawfare’s Justin Sherman to discuss the ...

20 Aug 202548min

Lawfare Daily: The Alaska Summit and Its Fallout

Lawfare Daily: The Alaska Summit and Its Fallout

In a live conversation on August 18, Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Fellow Mykhailo Soldatenko, Lawfare Ukraine Fellow Anastasiia Lapatina, and Carnegie Senior Fellow E...

19 Aug 20251h 9min

Lawfare Daily: The Trials of the Trump Administration, Aug. 15

Lawfare Daily: The Trials of the Trump Administration, Aug. 15

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott Anderson, Anna Bower, and Roger Parloff, and Lawfare contributor Chris Mirasola to...

18 Aug 20251h 48min

Lawfare Archive: The End of U.S. Ambition in the Middle East with Steven Cook

Lawfare Archive: The End of U.S. Ambition in the Middle East with Steven Cook

From July 31, 2024: For this episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Council on Foreign Relations Senior Fellow Steven Cook to discuss his new book, “The End...

17 Aug 202558min

Lawfare Archive: Ukraine Invades Russia

Lawfare Archive: Ukraine Invades Russia

From August 14, 2024: Over the past week, Ukrainian forces have launched a major incursion into Russia proper, occupying 1,000 square kilometers in Kursk Oblast, which borders Ukraine. The operation, ...

16 Aug 20251h 14min

Scaling Laws: What's Next in AI Policy (and for Dean Ball)?

Scaling Laws: What's Next in AI Policy (and for Dean Ball)?

In this episode of Scaling Laws, Dean Ball, Senior Fellow at the Foundation for American Innovation and former Senior Policy Advisor for Artificial Intelligence and Emerging Technology, White House Of...

15 Aug 202559min

Lawfare Daily: Insider’s View of Zelensky’s Anti-Corruption Fiasco

Lawfare Daily: Insider’s View of Zelensky’s Anti-Corruption Fiasco

On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina sits down with a member of the Ukrainian parliament, Anastasiia Radina, to discuss the Ukrainian government’s attack on the country’s i...

14 Aug 202550min

Rational Security: The “Business Casual August” Edition

Rational Security: The “Business Casual August” Edition

This week, a rejuvenated Scott returned from vacation to sit down with his Lawfare colleagues Benjamin Wittes, Daniel Byman, and Kate Klonick to talk through some of the week’s big national security n...

13 Aug 20251h 16min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
aftenpodden-usa
forklart
popradet
stopp-verden
det-store-bildet
lydartikler-fra-aftenposten
rss-gukild-johaug
fotballpodden-2
dine-penger-pengeradet
nokon-ma-ga
rss-ness
i-retten
hanna-de-heldige
aftenbla-bla
frokostshowet-pa-p5
rss-dannet-uten-piano
rss-penger-polser-og-politikk
rss-utenrikskomiteen-med-bogen-og-grasvik