Andy Worthington has posted his take on the Khadr verdict last Sunday, where a 7-person military jury ignored all evidence of torture and sentenced former child soldier Omar Khadr to 40 years in prison. For more on my take on the verdict, see my live-blogging of the event at Firedoglake.
While a plea bargain with the Pentagon allowed Khadr to plead guilty in exchange for an 8-year sentence, making the jury deliberation a fancy piece of propagandistic kabuki, he will spend one more year at Guantanamo before being transferred to Canada (if everything works out, and in my opinion that’s a big “if”). Meanwhile, the 24-year-old prisoner, who has spent all of his adult years at Guantanamo, was sent upon announcement of the sentence, back to solitary confinement, itself a hideous form of sensory and social deprivation torture.
In Andy’s article, Omar Khadr Jury Hammers the Final Nail Into the Coffin of American Justice, he notes that the plea bargain, with its admission of guilt, followed by the jury’s 40 year sentence (even if shaved by the plea bargain to 8 years), was a major propaganda coup for the government. As I noted in my “live-blogging” article the other day, “This propaganda show is one example of how prisoners are used for exploitation, i.e., psychological warfare purposes. It is no different than the Stalinists using show trials of dissenters, complete with confessions and fake juries, the entire panoply of juridical proceedings, but with none of the content.”
From Andy Worthington’s article:
In other words, then, a former child prisoner, who should have been rehabilitated rather than punished, because the responsibility for his actions lay with his militant father, was convicted on war crimes charges that were invented by Congress and were then reworked by the Obama administration so that the glaring contradiction between real war crimes and invented war crimes could be papered over with a veneer of legitimacy.
Small wonder then that, in the “Statement of Fact” that Khadr signed as part of his plea deal, he was also obliged to waive his right to appeal, in a passage that stated that he “does not have any legal defense to any of the offenses to which he is pleading guilty.”
With such grotesque distortions of justice taking place over the last week, it is easy to forget that the judge, Army Col. Patrick Parrish, had also prevented Khadr’s lawyers from drawing on their client’s well-chronicled reports of his torture and abuse in US custody….
n their closing comments, his lawyers managed to introduce a statement, written by Khadr, referring to the terror he felt when an interrogator, Sgt. Joshua Claus, threatened him with being sent to a US jail where he would be raped by “four big black guys”….
In conclusion, while those who exult in the depths to which America has sunk over the last nine years, since “the gloves came off” following the 9/11 attacks, will rejoice in Khadr’s 40-year sentence (and will complain that his real sentence is only eight years), anyone who retains a shred of decency and respect for the rule of law will be more inclined to accept the words of Dennis Edney, one of Khadr’s long-term Canadian civilian lawyers, who stated after the military jury announced its sentence:
The fact that the trial of a child soldier, Omar Khadr, has ended with a guilty plea in exchange for his eventual release to Canada does not change the fact that fundamental principles of law and due process were long since abandoned in Omar’s case. Politics also played a role. To date, there have been in excess of 1,200 US troops killed in Afghanistan, yet it is only Omar who has been put on trial.
In a comment at the Emptywheel blog the other day, I noted some strange threads hanging from the government’s Khadr story:
The question of how Omar Khadr got to the compound where he would later experience the firefight, and perhaps participate (although his family is clear he was sent only as a translator), is an interesting one because it involves, as the stipulation notes, the appearance of “Sheikh Abu Leith al-Libi, a senior LIFG and al Qaeda military commander.” Somehow, Sheikh al-Libi was to absent himself from this firefight, only to be killed as one of the numerous ostensible number threes of Al Qaeda by CIA airstrike in January 2008.
Al-Libi was a member of the Libyan Islamic Fighting Group (LIFG) which the stipulation document noted, with some strained language, “is a designated terrorist organization and was associated with Al Qaeda at the time of Omar Khadr’s offenses. “Is?” “Was?” In fact, the LIFG was not considered a terrorist organization prior to 9/11, and according to numerous accounts in the British Press (based on a document leak and the testimony of ex-MI5 agent David Shayler, had received British funds and arms in an attempt to overthrow Libyan leader Colonel Moammar al-Qadhafi.
Besides Abu Leith al-Libi, another leader of LIFG was Anas Al-Libi, who worked closely with the dubious Ali Mohamed (who worked closely with portions of the U.S. government and military, as a double or triple agent, no one can be sure). It was a raid on Anas Al-Libi’s house that brought us the famous Manchester document, otherwise known as the Al Qaeda manual, including its interrogation component.
Omar Khadr’s link to Sheikh al-Libi isn’t necessarily sinister or anything more than it seems (apparently, Omar’s father was later furious with al-Libi for endangering his son), but it does point to some strange connections. You can’t probe too closely on any of these affairs and not find something nefarious; in this case, the Judge’s reticence to notice that the man who brought Omar Khadr to the compound in 2002 was only a few years before a paid coup plotter, if not assassin, for the British government. And Omar Khadr showed poor judgment?
—— Khadr’s case is one of the more egregious of countless cases of torture, false imprisonment, kidnapping and murder by the U.S. government. The fact this was done to someone who would not even have been tried in an adult court in most of the United States only adds to the special nature of the Khadr case. It speaks personally to many, and says, this is a vulnerable human being. This person should not be used as a piece of propaganda. His fate dehumanizes all of us.



15 Comments

There was another outstanding thread hanging from this case, and one leftover pedagogical point. The pedagogy has to do with the effects of solitary confinement, still too little understood or discussed in this country.
The other hanging thread (this being election time, I almost said, chad) has to do with the government’s admission (in Col. Parrish’s ruling suppressing the torture evidence) of the use of stress positions on detainees or prisoners in Bagram in 2002. I am pursuing this aspect of the story further, with sources, and will be reporting on it in the near future.
I look forward to hearing from various Obamanoids how this would have been much worse if Bush or McCain had been in charge.
A corrupt, shameful, morally bankrupt, travesty of justice.
Jeff,
Thank you for all of your coverage on this case and reports to come in the near future.
The irony, as I read your post, “carving board meats” happen to be advertised. An interesting metaphor for what the US did with the evidence on this case…carved it up and repackaged it for show. And the US is trying to make it look good and taste good too.
You ask some great questions as you look at the outstanding “threads”. There must be more reasons for suppressing the torture evidence, beyond the obvious.
I keep wondering how they can sentence Omar to one more year in G.mo, and in solitary to boot, when we all know the place is supposed to have been closed down by now. I mean, Obama said so, right? He signed that EO and everything.
/snark
Thanks for all your work Jeff, I think you (& Jason) should hook up with Jane Mayer or Scott Horton for your book. heh.
re to NoOneYouKnow … the O.noids so far? crickets.
How is this show trial a propaganda victory? Is the mighty American Empire in need of the support of the hand full of slobbering imbeciles who will revel in this cruelty? Khadr is just one of millions destroyed in the course of American Imperial war crimes. But this case will stand out symbolically as a badge of shame and cowardice on the person of the dirt bag Emperor Clarence Thomas Obama.
loose ends … still wondering what happened to defense witnesses Xankis and Porterfield. August post from MS on Xenakis.
QUOTE
Xenakis admits has never shied from controversy but was surprised at the backlash he received when publicly criticizing the role doctors played in aiding interrogations at Guantanamo, which included advice on how to increase stress levels and exploit fears of the detainees. “I was absolutely both openly and covertly really shunned,” he says about his decision to speak out against what he saw as a breach of medical ethics.
ENDQUOTE
TWEET QUOTE:
carolrosenberg:: Pentagon: Next week’s #Guantanamo military commission in case of alleged terror trainer is off. No new date.
On the day the verdict was announced the Armed Forces News Agency carried it with a headline to the effect “Terrorist Sentenced To Forty Years For Attack.”
No mention that the defendant was 15 at the time of the alleged crime or that he was tortured or that the trial judge disallowed the introduction of torture at the trial.
People in a combat zone who are anxious just to stay alive and protect each other don’t have the luxury of really keeping up with what’s happened to our constitutional system since 9/11. Some of them went into the service seeing themselves as protectors of an America that ceased to exist for many people decades ago but at least 9 years ago. They don’t think torturing the enemy is wrong and since no one has so far been prosecuted for it (except the grunts at Abu Ghraib) they won’t think anything is wrong with it.
But just wait until the next video pops up of an American being held with a knife to his or her throat by hooded captors. Wait for the gnashing of teeth and the cries of Geneva Convention, Geneva Convention, to no avail.
We are not fighting a nation, we are fighting a bunch of loosely organized occupants of what calls itself Afghanistan. As such, everyone we are fighting against conveniently falls into the Bush/Cheney unlawful combatant category and is, therefore, deprived of protections. Or so the US government would have us believe.
History is not going to look favorably on the past 30 years of America’s decline on the world stage. Our revisionist historians might like to continually bring up the threat that the Soviet Union posed to the world during the cold war, but the Soviets never, ever caused as much wanton death and destruction in so many places as has the United States.
I’ll see if I can’t find out why no Xenakis.
Rosenberg’s tweet, I assume, is a reference to the case of Noor Uthman Muhammed, who was to have a pre-trial hearing on November 8 to see if the military commissions had jurisdiction over his case. But why’s she call Uthman a “trainer”?
Here’s a bit from Human Rights First on his case (H/T Jason Leopold and you, karenr):
[Begin quote] Muhammed is charged with murder in violation of the laws of war, attacking civilians, and providing material support to terrorism, among other acts allegedly committed between the years 1996 to 2002. He is charged with acting as a weapons instructor and deputy commander of the alleged terrorist training camp Khaldan, located in Afghanistan, and with allegedly delivering an “electronic device” to the al Qaeda training camp Jihad Wal in Afghanistan.
On October 21, 2008, one of the prosecutors on his case, Lt. Col. Darrel J. Vandeveld, resigned over concerns about the ethics of military commission procedures. His resignation led to the charges against Muhammed being dropped. On December 5, 2008, however, the charges against Muhammed were renewed. [End quote]
Jason notes that much of the case against Uthman are based on statements by Abu Zubaydah, coerced under torture.
Worthington has a couple graphs on him here.
QUOTE
Muhammeds case ought to raise troubling questions about Khaldan — and, specifically, about how his claims about the {training} camps lack of affiliation with either al-Qaeda or the Taliban echo the US authorities belated conclusions about Abu Zubaydah, and how his alleged role as the camps deputy emir ought to raise troubling questions about the camps emir, Ibn al-Shaykh al-Libi. The CIAs most notorious *ghost prisoner,* al-Libi died in a Libyan prison in May 2009 after being rendered back to the country, having served his purpose when, in 2002, under torture in Egypt (where he had been flown by the CIA), he falsely confessed to connections between Saddam Hussein and al-Qaeda that were used to justify the invasion of Iraq in March 2003.
However, despite these problems, Muhammed is one of five prisoners put forward for a trial by Military Commission under the Obama administration, and although there are serious doubts about whether the court is empowered to try him for his alleged involvement with terrorism before the 9/11 attacks, prosecutors made a point, in a pre-trial hearing on September 21 this year, of stating that, *for a number of years,* Muhammed *was the principal trainer and in charge of all training at the Khaldan training camp in Afghanistan that provided numerous individuals who went on to serve for al-Qaeda.*
His trial is scheduled to begin in February 2011.
ENDQUOTE
Are you saying the propaganda is aimed at grunts in the field? Thanks but that doesn’t make sense to me. I have no quarrel with the enlisted ranks. I’ve been there myself. I have trouble believing that the grunts in Afghanistan give a fuck about this case or even know about it. Whats in it for Obama? Whats in it for anybody to continue to torment these retched men?
The people we are fighting in Afghanistan and Pakistan and Iraq and Yemen and wherever the CIA is conducting it’s illegal secret wars, are people resisting Imperial aggression. Most of the people we are killing however are non combatants.
The whole business, besides being immoral and expensive, is totally illegal. Khadr is guilty of interfering with a crime in progress. So the criminals take Khadr to court? Do muggers, after pistol whipping you and stealing your wallet drag you into court? Again – how does this make Obama look good to anyone except maybe a few domestic scum bags who hate his guts anyway?
Jeff, I hope you don’t mind my adding my somewhat o/t thoughts here.
While Omar Khadr was in Guantanamo, he read a lot. Harry Potter, Nelson Mandela’s Walk to Freedom; Obama’s Dreams From My Father; John Grisham, Danielle Steele, The Chronicles of Narnia, The Life of Pi, To kill a Mockingbird;
and Ishmael Beah’s A Long Way Gone, Memories of a Boy Soldier.
According to Michelle Shephard, the former child soldier, Ishmael Beah has advocated for Omar Khadr. http://www.thestar.com/News/Ideas/article/410473
Beah:
[quote]
“But you can’t say that one person’s life is more valuable. So, if a 15-year-old kid in Sierra Leone, in Congo, in Uganda, in Liberia, if they kill somebody and shoot somebody in the war it’s fine, but as soon as that kid kills an American soldier or … they are no longer a child soldier, they are a terrorist.”
[endquote]
I, like many, including Andy Worthington,
http://www.andyworthington.co.uk/2010/11/01/a-childs-soul-is-sacred-omar-khadrs-touching-exchange-of-letters-with-canadian-professor/
was very touched by the testimony of defense witness Dr. Arlette Zinck, a professor of English at King’s University College in Edmonton. She and Khadr wrote letters to one another. When I heard that he had written a book report for her about A Long Way Gone I hoped to one day be able to read that.
I got my wish when the Edmonton Journal publiched some of the letter exchange:
http://www.edmontonjournal.com/entertainment/Read+letters+from+Omar+Khadr+Prof+Arlette+Zinck/3749632/story.html
http://www.edmontonjournal.com/entertainment/Letters+from+Prof.+Arlette+Zinck+to+Omar+Khadr/3749819/story.html
This is what Omar Khadr had to say about Ishmael Beah’s A Long Way Gone:
[quote]
A Long Way Gone
1-After I’ve finished reading A Long Way Gone, I was struck by the simplicity, truthfulness, and the-straight-from-the-heart fact of it. I think I might have a different thought of the naming, which I might have called The Right Way Done, and the reason is that everything happened in the right way, the normal way when humans interacted with their heart, when people could see beyond revenge and hate.
2-A Long Way Gone is the best example to what humans have reached, from horrors they committed to the way they cured it, and especially in the child field, a treatment that guaranteed success and cureness, a way that leaves no traces of the horrors that have scarred the soul, scars one would believe are unerasable.
3-But today I see the world treat the same illness in a whole different way, that no will it only halt its progression, but in fact increase the problem, ways that will cause children confusion and torture the body and souls. Children will be exposed to environments that will split their hearts and souls, putting them in situations full grown men will stand clueless before.
4-Children’s hearts are like sponges that will absorb what is around it, like wet cement soft until it’s sculptured in a certain way, a child soul is a sacred dough that must be shaped in a holy way, for there is no good fruit in a bad earth or tree.
5-This book was written a few years ago, but what I see today makes it seem centuries ago.
6-I stand full of sorrow to see a world choose revenge and hate over forgiveness and love, a sad down-slide in a mere few years. It seems that not only the atmosphere had been polluted, but even the people’s hearts have been too.
7-In the end I must admit that (The Right Way Done) is (A Long Way Gone)
So, will there be HOPE?!
Written on the 27th of April in the year 2010
[end quote]
Travers: Khadr case hands terrorists unearned victory; 11/2/10
http://www.thestar.com/specialsections/omarkhadr/oped/article/884347–travers-khadr-case-hands-terrorists-unearned-victory
[quote]
OTTAWA—Omar Khadr is scaring us silly. Fear and loathing of the man and the extremism he was recruited to serve is more destructive than bombs to the freedoms open societies claim to hold dear.
By trampling defining legal and human rights, the U.S. and Canada are handing terrorists a victory they could never have won alone. Sooner rather than later Khadr will return home having exposed our rubbery confidence in values that have guided enlightened democracies through crises for nearly 800 years.
That’s quite an accomplishment for a teenager misled into combat by a lunatic father. It couldn’t have been achieved without our help. [...][end quote]
I don’t know why you’d consider these o/t, but I always value your contributions, look forward to them even.
I hadn’t heard about the Ishmael Beah connection.
Thank you, Jeff. It just wasn’t about the Kabuki, so that’s why I said that. The Beah connection really spoke to me. I haven’t read his book…don’t know if I could take it…but, well, I’m not an English teacher, but I think Khadr had quite an amazing reading list.