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(2870)

Scaling Laws: Ethan Mollick: Navigating the Uncertainty of AI Development

Scaling Laws: Ethan Mollick: Navigating the Uncertainty of AI Development

Ethan Mollick, Professor of Management and author of the “One Useful Thing” Substack, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor...

10 Jul 20251h 6min

Rational Security: The “Game Changers” Edition

Rational Security: The “Game Changers” Edition

This week, Scott sat down with fellow Senior Editors Molly Reynolds and Alan Rozenshtein to talk through the week’s big national security news, including:“One Bill to rule them all, One Bill to find t...

9 Jul 20251h 15min

Lawfare Daily: The Double Black Box: Ashley Deeks on National Security AI

Lawfare Daily: The Double Black Box: Ashley Deeks on National Security AI

Lawfare Senior Editor Alan Rozenshtein sits down with Ashley Deeks, the Class of 1948 Professor of Scholarly Research in Law at the University of Virginia School of Law, to discuss her new book, “The ...

9 Jul 202555min

Lawfare Daily: Michael Feinberg on Leaving the FBI

Lawfare Daily: Michael Feinberg on Leaving the FBI

Until late May, Michael Feinberg was a senior FBI counterintelligence agent focused on China. All that changed one weekend, when the Deputy FBI Director found out that he was still friends with a form...

8 Jul 202553min

Lawfare Daily: The Offensive Cyber Industry and U.S.-China Relations with Winnona Bernsen

Lawfare Daily: The Offensive Cyber Industry and U.S.-China Relations with Winnona Bernsen

Winnona Bernsen, nonresident fellow at the Atlantic Council’s Cyber Statecraft Initiative and founder of DistrictCon, joins Lawfare Contributing Editor Justin Sherman to discuss her recently released ...

7 Jul 202540min

Lawfare Daily: The Trials of the Trump Administration, July 5

Lawfare Daily: The Trials of the Trump Administration, July 5

In a live conversation on July 3, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower and Roger Parloff to discuss updates in ...

6 Jul 20251h 40min

Lawfare Archive: Itsiq Benizri on the EU AI Act

Lawfare Archive: Itsiq Benizri on the EU AI Act

From February 16, 2024: The EU has finally agreed to its AI Act. Despite the political agreement reached in December 2023, some nations maintained some reservations about the text, making it uncertain...

5 Jul 202543min

Lawfare Archive: Mike Johnson’s National Security Agenda

Lawfare Archive: Mike Johnson’s National Security Agenda

From November 7, 2023: You probably already know that Rep. Mike Johnson is the new Speaker of the House. What you may not know is that every single one of the issues on his plate is a national securit...

4 Jul 202549min

Populært innen Politikk og nyheter

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