
Which way lies freedom for our press? (Photo: sara~ on Flickr)
On Thursday, the Pentagon banned four reporters from further on-site reporting of military commission trials at Guantanamo, because they published the previously known name of a witness that the Pentagon was trying to present as anonymous. The impact of this assault on press freedom can be seen immediately in the corporate news coverage of this event, as only McClatchy continues to name the witness in its coverage of the banning.
Here is how Spencer Ackerman, also present at Guantanamo, reported the banning:
Two weeks’ worth of proceedings in the pre-trial hearing of Omar Khadr found an unexpected meta-conclusion this afternoon as the public affairs shop in the Office of the Secretary of Defense banned four reporters from returning to Guantanamo Bay. Their offense: reporting the name of a witness whose identity is under a protective order.
The four journalists are Michelle Shephard of the Toronto Star, Steven Edwards of Canwest, Paul Koring of the Globe & Mail and Carol Rosenberg of the Miami Herald. They are not being thrown off the base, but, as of now, they are barred from returning.
Continuing, Ackerman describes the impact of the ban:
Those four reporters comprise much of the institutional knowledge of Guantanamo Bay and the military commissions, as their colleagues widely acknowledge. Shephard has written the most comprehensive account to date of Omar Khadr’s life and experiences in detention at Bagram and Guantanamo Bay, in both her Star reporting and her book Guantanamo’s Child. Rosenberg is the single most diligent, consistent and experienced Guantanamo Bay reporter in the world, having carved out the Guantanamo beat steadily almost since the detention facility here opened in 2002 and traveled here more frequently than any other journalist. (I personally heard complaints about her from public affairs officers here five years ago — and those complaints amounted to whining about how dogged an investigator she was.) Koring and Edwards have also been invaluable resources about Khadr and Guantanamo to their colleagues these past two weeks.
Marcy Wheeler described the Pentagon action and asked questions about its impact:
Basically, the government is banning journalists for using a name they’ve used in reports in the past, a name that is publicly known.
Is this an attempt to prevent the public from making the connection between two Afghans who died in 2002–Dilawar and Habibullah–and Khadr’s treatment? And/or just an attempt to intimidate the press so the people who know the most about the Gitmo show trials (and particularly Khadr) don’t bring that knowledge to bear on their reporting?
We will have to wait to see on Marcy’s first question, but on her second, the Pentagon appears to have succeeded in cowering most of the corporate press. This AP article does not mention the name of "Interrogator No. 1". Reuters matches AP’s refusal to name, and goes even further by bragging about that refusal:
His name had been widely published during a 2005 court-martial in which he pleaded guilty to abusing prisoners at the Bagram air base in Afghanistan. He had also allowed the use of his name in subsequent media interviews.
But the Guantanamo court declared his name to be secret during his testimony on Thursday in a hearing to determine whether a Canadian prisoner’s confessions to interrogators were coerced. He was identified only as Interrogator No. 1.
About a dozen news organizations covered the hearing and about half, including Reuters, did not identify the interrogator by name.
Among those large news organizations who did print the name, McClatchy stands out, especially since their Carol Rosenberg was among the banned:
At issue were news articles earlier this week that identified a witness at a hearing for Canadian detainee Omar Khadr as former Army Sgt. Joshua Claus. The Pentagon had asked reporters to identify him as Interrogator No. 1.
Claus has been the subject of news stories since 2005, when he was convicted by a U.S. military court martial of abusing detainees at Bagram Air Field in Afghanistan in 2002, a conviction that earned him a five-month prison term.
He was first publicly identified as Khadr’s interrogator on March 13, 2008, during a hearing at Guantanamo. He subsequently gave an on-the-record interview to Shephard of the Toronto Star, one of the banned reporters, where he asserted that he’d never abused Khadr, who was 15 years old when he was taken captive by U.S. troops in Afghanistan in 2002.
Just as they did in their reporting on the build-up to the Iraq war, McClatchy (and predecessor Knight Ridder) is willing to adhere to the principles of a free press that doggedly pursues the reality behind stories rather than serving as stenographers for government spin.
Hooray for the good guys and hooray for courage under pressure.
Update May 8: David Dayen informs us in comment 21 below that Daniel Froomkin reported Claus’ name in his story about about the banning. As I responded in comments, that raises an interesting question of whether Froomkin would have been allowed to do so if he were still at the Washington Post. But perhaps the biggest surprise of all is that CNN has joined the group of corporate media organizations naming Claus. See this article. Good on them.



39 Comments

speechless, utterly speechless. (no pun intended)
thanks for this piece, Jim.
There oughta be an amendment…
I’ve heard rumors that there used to be one…
Jim, thank you for profiling this issue.
Knight Ridder aka McClatchy has been one of the news orgs that I ALWAYS look for in an article.
Just for curiousity’s sake, do you know if McClatchy journalists were persona non grata with the Rendon Group? You know, the PR group that vetted and rated war reporters for the Government-according to the reporter’s pro or con reporting of Iraq and Afghanistan.
I commented yesterday (on an EW thread)that AP was the only news org allowed access to activities relating to the Gulf of Mexico debacle.
The really stupid thing, on the part of the DOD, is that by this move, they’ve highlighted this whole trial far more than it would have been otherwise.
Fine summary, well cited. Thank you. Why is it our government never seems to answer such obvious criticisms of its overreach and possibly criminal self-protectedness?
That’s why calling the military’s office “public affairs” is a contradiction in terms.
Has word one about this pre-trial hearing, as prelude to an attempted Executive Branch trial, eight years after the fact, of a 15-year-old Canadian (at the time of his shooting and capture), been heard or seen on America’s TV networks, or on its 24-hour cable TV “news” programs, in the last two weeks? Word one??
Has anyone seen TV reporting about this outrageous banning of not only some of the best (print) reporters covering Guantanamo Bay, but of some of the only reporters who’ve bothered to jump through the hoops necessary to do so – repeatedly, in Carol Rosenberg’s case?? Hoops which include the need for Rosenberg to travel from Miami to Washington to get a (military) flight to Cuba (and vice versa), every time she wants to cover proceedings, living in tents on base, a few miles from where the captives are held, using privacy-limited toilet facilities in another tent, working through the high humidity and iffy internet access, and putting up with “security” hassles just to get behind some sound-proof glass where the courtroom sound is fed into the court’s observation gallery subject to CIA censorship, etc., etc.
Has Rachel Maddow of MSNBC, who tweeted approvingly to Spencer Ackerman about his reporting from Guantanamo, said word one on-air about Omar Khadr’s pre-trial hearing, or the banning yesterday? If not, WHY NOT, Rachel? Those reporters are all home from Guantanamo as of late today – you can surely soon get them on the phone, if not immediately on video.
And for those – like our Members of Congress, who are charged with overseeing Executive Branch actions – who haven’t been following the few reporters covering, and tweeting, about Khadr’s pre-trial hearing that ended yesterday, here’s an eyewitness account from one of the few human rights/NGO observers present, detailing the testimony of one of two key defense witnesses (the other is Claus, “Interrogator #1,” whose identity is at issue in the bannings) who revealed what the U.S. was doing to Omar Khadr, and those like him, after he was gravely wounded in a U.S. attack on a house in Afghanistan in July, 2002:
Carol Rosenberg’s twitter page:
http://twitter.com/carolrosenberg
Perhaps because it knows the criminality is potentially the seed of losing its authority.
Thanks for the link to the diary from Human Rights First. They have done tremendous work on Guantanamo, as you point out.
IIRC, John Walker LIndh was at Bagram Air Base in Afghanistan and was subjected to torture there prior to being transferred to a US vessel.
Michael Chertoff had the DOJ cut a deal that Lindh would not reveal what treatment he received at the hands of his fellow countrymen in exchange for a statement from Lindh saying he was NOT tortured-and a lesser sentence.
Could this interrogator,Claus had been involoved with the John Walker Lindh’s treatment at Bagram?
Office of Legal Counsel—Jack Goldsmith
The office provides legal opinions and advice to the president and the executive branch on legal issues of special importance or complexity, including the limits of executive power. According to Goldsmith, one consequence of OLC’s “power to interpret the law is the power to bestow on government officials what is effectively an advance pardon for actions taken at the edges of vague criminal statutes.”[5] Goldsmith resigned after 9 months. Some claimed that he resigned after a failed attempt to moderate what he considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror.[2]
During his tenure at OLC Goldsmith withdrew as legally defective what have been called variously the Bybee Memo or the Torture Memos, OLC legal justifications for tormenting detainees regarded by the CIA as a “golden shield” against prosecuting officials involved.[6]
Goldsmith has clarified his opinions more recently on Now on PBS, going so far as to respond to the question “What’s the downside of regular courts” a statement culminating in “Another reason you might not want to use the trial system is that the trial system, to be legitimate, has to have the possibility of acquitting someone of a crime” in reference to attempts to allow military trials of American Citizens while withholding government evidence.[9]
Wikipedia
RE: Michael Chertoff,Lindh plea deal and gag order-July 15,2002
Here’s some info re: gag order on his torture :
The court scheduled an evidence suppression hearing, at which Lindh would have been able to testify about the details of the torture to which he claimed he was subjected. The government faced the problem that a key piece of evidence — Lindh’s confession — might be excluded from evidence as having been forced under duress.
To forestall this possibility, Michael Chertoff, then-head of the criminal division of the U.S. Department of Justice, directed the prosecutors to offer Lindh a plea bargain, to which, Lindh would plead guilty to two charges: — serving in the Taliban army and carrying weapons. He would also have to consent to a gag order that would prevent him from making any public statements on the matter for the duration of his 20-year sentence, and he would have to drop any claims that he had been mistreated or tortured by U.S. military personnel in Afghanistan and aboard two military ships during December 2001 and January 2002. In return, all other charges would be dropped.
Lindh accepted this offer. On July 15, 2002, he entered his plea of guilty to the two remaining charges. The judge asked Lindh to say, in his own words, what he was admitting to. Lindh’s allocution went as follows: “I plead guilty”, he said. “I provided my services as a soldier to the Taliban last year from about August to December. In the course of doing so, I carried a rifle and two grenades. I did so knowingly and willingly knowing that it was illegal.”~~~~~~~~~~Wiki
NOTE: This Lindh pleading could have explained to some degree why Chertoff said “You cant write a get out of jail free card,” the very next day,July 16,2002, the day of the “Yoo” meeting.
Scott Horton rings in…
http://www.harpers.org/archive/2010/05/hbc-90007004
Really good work, Jim!
Thanks for all the info, powwow. This is O/T, but, in case you haven’t seen this, [I thought you might be interested]:
“Anemic Congressional Oversight“; [Congressional Oversight Crippled by Institutional Anemia, Reformer Says]; Dan Froomkin; 5/5/20
Thanks, harpie. You’re on my wavelength… I saw that headline (or a summary) posted in some thread, and thought – YUP. Didn’t/don’t have the will right now to read all the gory details (I’m struggling at the moment to dissect and grasp the extent of the “modifications” that Bernie Sanders made to his Audit the Fed amendment), but I’ll get around to it, and I’m very glad that Dan Froomkin is working/focusing on the absolutely-vital matter of abdicated Congressional oversight (following up on his plea that someone in Congress “give a shit” about what our military is doing abroad).
Good on McClatchy for their hard stance, but don’t make the mistake of holding them up as paragons of virtue. They are still more than willing to print government propaganda and censor comments.
Excellent diary Jim. McClatchy does good work Jim not only in this area and human rights, but on the economy too. They have asked hard questions about Obama’s ties to Goldman Sachs.
They still do journalism the old fashioned way. Sorry, shekissesfrogs, I usually agree with you but your comment above is a bit over the top.
Thanks to first off to Jim and then followed by pow wow and Harpie. I’m wondering if the ‘banned’ reporters will write essay editorials on their own behalf and, of course, on our behalf since this deals all of us an unacceptable censoring.
Froomkin named names too and good for him
Thanks Jim – Is it typical for the identity of a witness be protected as in this case? (other than an intelligence agent or asset)
Aloha, Jim…! Only one more reason why I love McClatchy…!
It ain’t Santa…
What happened to contracts under duress or with illegal purpose are null? Just a thought.
Josh Mull is upstairs!
General McChrystal Has No Idea What’s Going On In Afghanistan
The government faced the problem that a key piece of evidence — Lindh’s confession — might be excluded from evidence as having been forced under duress.
Evidently you and I are on the same page…perhaps those in positions of power have reading comprehension difficulties?
Rachel just reported it!!
Thanks for that. I wonder if Froomkin would have been allowed to name him if he still worked at the Washington Post?
But without using the name.
McClatchy deserves my business. Seriously, they are standing up to obvious illegal and un-Constitutional intimidation. These so-called “trials” are a joke and have little to do with legal theory; unless one subscribes to the “legal” theory that those who control the media can do whatever they want.
Yeah, but..
That leaves RevBev’s question still hanging. The plea-bargain and attendant gag-rule is a contract of adhesion. But what can Lindh do about it (or could be done for him)?
Michael, THAT is a question for minds far more developed than mine.(Paging Rayne!)
Perhaps some of the legal eagles(PAGING bmaz,Mary) could provide some technical assistance.
Great post. I really enjoy that headline Jim White!
Thanks for highlighting this – I got a kick out of Nancy Youssef’s piece going up almost immediately and naming names. I’m also waiting to hear what the Pentagon’s response is going to be, since their letter threatened that the news orgs themselves would be barred if there were any other mentions – of course, now they aren’t reporting on what was going on in the hearings, they’re reporting on the banning ;) using publically available info ;) that is necessary to explain the first amendment constraints being invoked by the Pentagon.
On a much more somber note, I don’t think it is fair to mention Claus without also mentioning the effect of his unit’s handling of “interrogation” on this little girl:
http://freedetainees.org/wp-content/uploads/2008/07/20abuse4_lg.jpg
The girl whose father was tortured to death by the US forces.
As klynn just mentioned on Marcy’s thread, the story of the girl would make a tremendous post.
Great post, and a most important development, Jim.
I’m still feeling so angry and flustered over this, I can’t write a coherent piece. What I want to emphasize is that reporting or analysis on this should make clear that this is Obama’s Military Commissions, Obama’s censorship (something he’s already shown a strong proclivity towards), and Obama’s trial of a former child soldier on trumped-up war crimes charges.
Let us place the responsibility where it lies, with the President and Commander-in-Chief. This is his policy, his desire, and he (along of course with the Pentagon) should get the bulk of the political heat.
And it’s still Obama who hasn’t ended DADT.
He’s building quite a legacy.
A possible partial answer:
http://legalschnauzer.blogspot.com/2010/04/is-bush-able-to-blackmail-obama-into.html