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.

Avsnitt(2870)

Rational Security: The "Middle East War to End Middle East Wars" Edition

Rational Security: The "Middle East War to End Middle East Wars" Edition

This week, Scott sat down with Lawfare Managing Editor Tyler McBrien and Foreign Policy Editors Daniel Byman and Dana Stuster to talk through the week’s big news in Israel and Iran, including:“The Nuc...

18 Juni 20251h 14min

Lawfare Daily: The Israel/Iran Conflict: What Do We Know So Far?

Lawfare Daily: The Israel/Iran Conflict: What Do We Know So Far?

On today's episode, Lawfare Executive Editor Natalie Orpett discussed the ongoing hostilities between Israel and Iran with Suzanne Maloney, Director of the Foreign Policy Program at the Brookings Inst...

18 Juni 20251h 1min

Lawfare Daily: Evaluating January 6 Prosecutions with Greg Rosen

Lawfare Daily: Evaluating January 6 Prosecutions with Greg Rosen

Greg Rosen, now an attorney at Rogers Joseph O’Donnell, spoke with James Pearce, Lawfare Legal Fellow, about his time prosecuting federal crimes in the U.S. Attorney’s Office for the District of Colum...

17 Juni 202555min

Lawfare Daily: The Trials of the Trump Administration, June 13

Lawfare Daily: The Trials of the Trump Administration, June 13

In a live conversation on June 13, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Legal Fellow James Pearce and Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff to d...

16 Juni 20251h 36min

Lawfare Archive: The Court at War

Lawfare Archive: The Court at War

From December 26, 2023: The Supreme Court during World War II issued some of the most notorious opinions in its history, including the Japanese exclusion case, Korematsu v. United States, and the Nazi...

15 Juni 20251h 3min

Lawfare Archive: Protests, the Police, and the Press

Lawfare Archive: Protests, the Police, and the Press

From June 21, 2023: Carolyn Cole, a Pulitzer-Prize winning staff photographer for the Los Angeles Times, has covered wars and other conflicts in Afghanistan, Iraq, Israel, Kosovo, Liberia, Sudan, Nica...

14 Juni 202548min

Lawfare Daily: U.S. Troops on the Streets of Los Angeles

Lawfare Daily: U.S. Troops on the Streets of Los Angeles

For today's episode, Lawfare Senior Editor and General Counsel Scott R. Anderson sat down with three leading legal experts on domestic military deployments: William Banks of Syracuse University Colleg...

13 Juni 20251h 25min

Escalation, Episode Seven: Boiling the Frog

Escalation, Episode Seven: Boiling the Frog

Today, it’s Episode Seven of Escalation, our latest narrative series co-hosted by Lawfare Managing Editor Tyler McBrien and Ukraine Fellow Anastasiia Lapatina. Throughout the show, Nastya and Tyler tr...

12 Juni 202558min

Populärt inom Politik & nyheter

aftonbladet-krim
svenska-fall
rss-krimstad
fordomspodden
p3-krim
blenda-2
motiv
flashback-forever
aftonbladet-daily
rss-sanning-konsekvens
spar
olyckan-inifran
svd-ledarredaktionen
rss-vad-fan-hande
grans
krimmagasinet
dagens-eko
rss-frandfors-horna
politiken
rss-krimreportrarna