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)

Lawfare Daily: Nayib Bukele's Crackdown on Dissent in El Salvador

Lawfare Daily: Nayib Bukele's Crackdown on Dissent in El Salvador

El Salvador’s President Nayib Bukele has made a lot of headlines recently in the United States for his partnership with the Trump administration. Bukele has helped enable President Trump’s scheme to r...

20 Maj 202551min

Lawfare Daily: The Trials of the Trump Administration, May 16

Lawfare Daily: The Trials of the Trump Administration, May 16

In a live conversation on May 16, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Anna Bower, Quinta Jurecic, and Roger Parloff and Lawfare Legal Fellow James Pearce to di...

19 Maj 20251h 33min

Lawfare Archive: Human Rights Abuses in Saudi Arabia with Joey Shea

Lawfare Archive: Human Rights Abuses in Saudi Arabia with Joey Shea

From September 26, 2023: On August 21, the Human Rights Watch released a report detailing systematic abuses of Ethiopian migrants and asylum seekers at the Saudi Arabia-Yemen border. Researchers inter...

18 Maj 202528min

Lawfare Archive: Christina Koningisor on Secrecy Creep

Lawfare Archive: Christina Koningisor on Secrecy Creep

From January 4, 2022: Government secrecy is pervasive when it comes to national security and foreign affairs, and it’s becoming more and more common for state and even local governments to invoke gove...

17 Maj 202539min

Lawfare Daily: What Trump’s Middle East Trip Means for Gaza and the Israeli-Palestinian Conflict, with Joel Braunold

Lawfare Daily: What Trump’s Middle East Trip Means for Gaza and the Israeli-Palestinian Conflict, with Joel Braunold

For today’s episode, Lawfare General Counsel and Senior Editor Scott R. Anderson sat down with Contributing Editor Joel Braunold, the Managing Director of the S. Daniel Abraham Center for Middle East ...

16 Maj 20251h 10min

Rational Security: The “Doodle Ordinance” Edition

Rational Security: The “Doodle Ordinance” Edition

This week, Scott sat down with his Lawfare colleagues Natalie Orpett, Tyler McBrien, and Daniel Byman to talk through the week’s big national security news, including:“Borderline Behavior.” A major fl...

15 Maj 20251h 17min

Lawfare Daily: How China Might Coerce Taiwan

Lawfare Daily: How China Might Coerce Taiwan

For today's episode, Lawfare Foreign Policy Editor Daniel Byman talked with Evan Braden Montgomery and Toshi Yoshihara, both Senior Fellows at the Center for Strategic and Budgetary Assessments, to di...

15 Maj 202536min

Lawfare Daily: Cullen O’Keefe on the Impending Wave of AI Agents

Lawfare Daily: Cullen O’Keefe on the Impending Wave of AI Agents

Cullen O’Keefe, Research Director at the Institute for Law and AI, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and a Contributing Editor at Lawfare, and Renée DiResta, Associate Res...

14 Maj 202537min

Populärt inom Politik & nyheter

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