How thoughtlessly do the apologists for America’s gulag at Guantanamo defame those who have been seriously tortured!
San Francisco Chronicle/SF Gate columnist Debra Saunders has written a hit piece against activists in Berkeley who are seeking to pass a City Council resolution to resettle cleared Guantanamo detainees within the city limits of this college town for the University of California, the home of the Free Speech Movement, People’s Park, and also known for other antiwar and progressive causes over the years. A vote on the resolution before the Berkeley City Council is scheduled for Tuesday night, February 15.
Last December, the City of Berkeley’s Peace and Justice Commission passed a recommendation asking the Berkeley City Council to adopt the resolution, officially called “Resolution to Assist in the Safe Resettlement of Cleared Guantanamo Detainees.” A full copy of the resolution is available here. Sponsors include No More Guantanamos; Code Pink Women for Peace, Golden Gate Chapter; Boalt Alliance to Abolish Torture (UC Law School); Ecumenical Peace Institute; Legislative Committee, Tenants Assn., Strawberry Creek Lodge (senior citizens); and others.
The Water Torture of Djamel Ameziane
It’s no surprise to discover that Saunders’ column was picked up by a number of conservative outlets, especially as it retails the lie that the detainees are dangerous, or likely to “return” to terrorism if released. Besides uncritically accepting Department of Defense figures, she lies about what they actually say, and then tries to impugn the stories of the two Guantanamo detainees mentioned by the Berkeley commission, one of whom, Algerian Berber Djamel Ameziane, has the distinction of being the only Guantanamo prisoner to have suffered a form of waterboarding.
Petitioned by lawyers from Center for Constitutional Rights, the Inter-American Commission on Human Rights, part of the Organization of American States, intervened on Ameziane’s case in 2008 with the U.S. State Department to ask for guarantees of humane treatment for Ameziane.
From the petition before the Inter-American Commission, p. 24 (PDF):
In another violent incident, guards entered his cell and forced him to the floor, kneeing him in the back and ribs and slamming his head against the floor, turning it left and right. The bashing dislocated Mr. Ameziane’s jaw, from which he still suffers. In the same episode, guards sprayed cayenne pepper all over his body and then hosed him down with water to accentuate the effect of the pepper spray and make his skin burn. They then held his head back and placed a water hose between his nose and mouth, running it for several minutes over his face and suffocating him, an operation they repeated several times. Mr. Ameziane writes, “I had the impression that my head was sinking in water. I still have psychological injuries, up to this day. Simply thinking of it gives me the chills.”
Ameziane left discrimination against his Berber ancestry and his Muslim faith, and the chaos of civil war in Algeria in the early 1990s, as a young man in his 20s to work in Vienna, where — yes, Debra Saunders — he was the highest-paid chef at the well-known Italian restaurant Al Caminetto Trattoria. But Ameziane ultimately lost his work permit, due to anti-immigrant hysteria in Austria, and then went to Canada, where he spent five years waiting upon his claim for political asylum. Only after it was denied did Ameziane leave for Afghanistan in 2000, believing that the only place for him after all might be an Islamic country that ruled with Sharia law. After 9/11 and the U.S. attack on Afghanistan, he was arrested in a mosque and later turned over to the Americans, probably for bounty money.
Saunders quotes Thomas Joscelyn, right-wing columnist and senior fellow for the neo-conservative Foundation for the Defense of Democracies, as writing that Ameziane must have been a jihadist, because he was caught in a lodging supposedly owned by Abu Zubaydah, and that “to ‘gain admittance to a Taliban guesthouse, recruits need a certified Taliban or al Qaeda member to vouch for their commitment’ to jihad.” Except, Zubaydah was never a member of the Taliban or al Qaeda, and the guesthouse was not associated with them either. But what do such little facts matter to these conservative hirelings for the torturers?
In fact, not only were the others captured at this “safe house” later released or cleared by the Americans, but two different Combatant Status Review Tribunal hearings for Ameziane found that “while in Afghanistan, the detainee did not receive any military or terrorist training and did not see any fighting.” Nor was any evidence of any terrorist or military activities ever produced. ”Has Ameziane been cleared by U.S. authorities? Not that I can find,” writes Saunders. Perhaps she never read the Reuters headline: Obama team clears 75 at Guantanamo for release. Nor is she likely aware that the Anglican Diocese of Montreal has said they would sponsor his settlement in Canada.
Russian Prisoner Already Welcomed by Massachusetts Towns
Saunders also attacks the other Guantanamo detainee mentioned by the Berkeley commission as a possible candidate for resettlement, Ravil Mingazov, a former Russian ballet dancer, who was conscripted into the Russian army and performed for two years in the Army’s ballet troupe. A convert to Islam, he found himself subjected to discrimination in Russia, had his house ransacked by the KGB (according to a report by Andy Worthington), and like Ameziane and many others left for what they thought of as an Islamic refuge in pre-9/11 Afghanistan.
Mingazov has already been sponsored for settlement in resolutions similar to that up for vote in Berkeley, specifically in the Massachusetts towns of Amherst and Leverett. The Guantanamo prisoner, the last Russian to be held in the U.S. torture prison in Cuba, was granted his habeas corpus petition last Spring. In his opinion (PDF), Judge Henry H. Kennedy, Jr. noted that the only real “evidence” supplied by the government was Minagzov’s stay overnight at Issa House, owned by Abu Zubaydah. But the government could not prove that the house was associated with al Qaeda, Kennedy wrote. Nor could the government prove for the purposes of even a habeas hearing that Mingazov had ever been at a training or terrorist camp, or involved with the Taliban or al Qeada. He was a classic case of the wrong man in the wrong place at the wrong time.
The Court simply will not conclude that a one-night stay at Abu Zubaydah’s house, where Mingazov was unable to communicate with most if not all other occupants, from which he was sent away shortly after his arrival, and which goes in no way to show that Mingazov was part of Al Qaeda’s command structure, meets the standard for lawful detention.
Mingazov was tortured under U.S. confinement at Bagram, where he “‘endured harsh conditions and suffered physical … abuse,’ in particular being “severely beaten, slammed into the ground, hung by [his] arms for extended periods of time, and deprived of food and sleep.’” But, according to Saunders, Mingazov has not been “cleared” for release, despite Judge Kennedy’s decision.
It is eerie how much both of these cases rely on supposed links to “high-value” prisoner Abu Zubaydah, who the Bush Administration pushed early on as an al Qaeda mastermind, author of the “Manchester” resistance manual, leader of his own terrorist forces, etc., and who was famously tortured in CIA prisons, waterboarded an admitted 83 times. These claims about Zubaydah’s significance, which were quietly dropped in recent years, have been revived in recent months in some court rulings and even in the Center for Public Integrity’s Pearl Project report (see pg. 54).
Statistics and Damned Lies
Perhaps the most egregious lie Saunders spreads was born from the fertile minds of the right, spinning the 2010 “Summary of the Reengagement of Detainees Formerly Held at Guantanamo Bay, Cuba,” put out by the Director of National Intelligence last year. Saunders says the report confirms that “the Director of National Intelligence reported in December that 25 percent of released Gitmo detainees have been confirmed or suspected of engaging in terrorism.” Actually, the report says that “the Intelligence Community assesses that 81 (13.5 percent) are confirmed and 69 (11.5 percent) are suspected of reengaging in terrorist or insurgent activities after transfer.”
Saunders leaves out the part about “insurgent activities,” because to the right-wing, anyone who would oppose with arms the United States, even if the U.S. invaded their country, must be a terrorist. In this, they are assisted by the current administration, who continues to view the “war on terror” with the same point of view of their Bush/Cheney predecessors.
Not only does Saunders not mention that the confirmed number of even this dubious figure is actually 13 or 14 percent, but she hides the fact that the “suspected” figure is questionable itself, as it relies on “[p]lausible but unverified or single-source reporting” (emphasis added). In a press release following the Pentagon’s latest release on “recidivism” figures for former Guantanamo detainees, Center for Constitutional Rights commented, the government “persists in using the language of ‘re-engagement’ to describe individuals, despite the fact that the majority of them should never have been detained in the first place and were known early on by the government to be innocent. It is not possible to return to the battlefield if you were never there in the first place.” Furthermore, “the latest report only summarizes its figures without actually naming any alleged recidivists or including any information that would enable meaningful scrutiny.”
Saunders also quotes Joscelyn as saying that the prisoners who have received transfers or releases from Guantanamo are hardly cleared of terrorist stigma. “They didn’t find any innocent goat herders,” Joscelyn said. But this totally contradicts statements by former Secretary of State Colin Powell’s Chief of Staff, Lawrence Wilkerson, who wrote in a guest post at The Washington Note in March 2009 about “the utter incompetence of the battlefield vetting in Afghanistan during the early stages of the U.S. operations there.” Wilkerson said that “several in the U.S. leadership became aware of this lack of proper vetting very early on and, thus, of the reality that many of the detainees were innocent of any substantial wrongdoing, had little intelligence value, and should be immediately released.” The reason they didn’t, Wilkerson concluded, was because they feared looking bad, and endangering the “war on terror” campaign.
Saunders concludes her article, with the strange assertion that “in a new act of fiction, Berzerkeley plays make-believe by pretending that two Gitmo detainees should be dating your cousin.” While presumably a response to a quote by Berkeley Peace and Justice commissioner Rita Maran earlier in the article, the use of this turn of phrase, so similar to historically racist forms of expression, to the effect that one would not want one of your relatives to date one of those people (Irish, Italians, Jews, Blacks, Mexicans, etc.), is not coincidental. The fear-mongering against the Guantanamo detainees has always carried a racist edge to it.
The resolution up before the Berkeley City Council to advocate resettlement of two cleared Guantanamo prisoners is agenda item 18 on the Council’s agenda Tuesday night. The resolution also asks Congress to reverse its position and agree to the release of cleared detainees into the United States. It also predicates any resettlement in Berkeley upon a rescission of the Congressional ban on domestic detainee resettlement.
Update, 2/16/11: According to news accounts, the Berkeley City Council rejected the resolution to resettle detainees from Guantanamo. There were four votes “for,” one “against,” and four abstentions. The resolution needed five votes to pass. Unfortunately, the fate of this resolution speaks volumes about the political situation in the United States today.



31 Comments

Saunders is a long-time right wing apologist for conservative causes. Her sources for this story are DoD and Thomas Joscelyn, senior fellow for the Foundation for the Defense of Democracies. Joscelyn, who also writes for The Long War, has been drumming about the threats of terrorism at least ever since FDD was formed literally days after 9/11. FDD lists its “distinguished advisors” as Judge Louis J. Freeh, Former Director of the FBI, R. James Woolsey, Former Director of the CIA, Newt Gingrich, Former Speaker of the House, and Sen. Joe Lieberman.
The idea of Berkeley — Berkeley which has gone fairly quiescent in recent years, but whose legacy still irks these right-wing dinosaurs — passing this resolution drives these people up the wall.
I support the passage of this resolution, and I hope the City Council of Berkeley does the right thing.
I should note, that while I am not currently a citizen of Berkeley, I do live within a half-hour drive of there, and am a Cal alumnus.
As soon as I read the title I knew it was about that blowhard
Thanks for the info Jeff
PS I’d like to see her respond in the comments, but that’ll never happen, because she’d actually have to use facts (which she doesn’t have) to support her idiotic rantings
I have written to her with the link, and offered her an opportunity to comment.
By the way, according to the Fellows at Seton Hall’s Center for Policy and Research, Research Fellow Kelli Stout will observe military commission proceedings this week in Guantanamo Bay, Cuba. “Kelli will send updates whenever possible, and they will be available here. Please subscribe and check back daily for Kelli’s reports from GTMO.”
Thanks, Jeff!
Jeff, FYI, regarding the false claims about the post-release activities of unjustly-presumed – without benefit of either due process or identification based on the wearing of uniforms – “enemy combatants” long held at Guantanamo:
One of the events that Andy Worthington participated in (and helped organize), during his visit to the United States to mark Guantanamo’s ninth anniversary, was a panel discussion at the New America Foundation on Tuesday [1/11/2011]. As Dan Froomkin reported for HuffingtonPost, the Foundation also issued a new report that day [PDF here], summarizing their examination of public sources of information about the post-release activities of almost 600 Guantanamo detainees, in search of evidence of combatancy by the ex-detainees, or of other activity considered hostile to the United States. Their research revealed a much lower rate of post-Guantanamo ‘taking up of arms’ by former captives than the widely-reported but undocumented percentages claimed by Pentagon and other administration officials.
On a related subject, as you reference in the comments above, only the second Guantanamo prisoner (Noor from Yemen) ever to be offered a mandated Third Geneva Convention Article 5 hearing – military hearings used to establish whether or not a captive is an actual “enemy combatant,” in accordance with the law of war and Army regulations, before full “POW” status may be lawfully stripped – was due to finally receive that hearing, after repeated postponements, this week (“POWs” may not be tried by military commission, per the MCAct itself). But as Carol Rosenberg (who traveled to Guantanamo today) is noting via Twitter, another plea deal seems to be in the works instead for Noor. [As the handful of Guantanamo captives caught up in the military commission system, desperate after years of hopeless confinement, continue to plead guilty to "war crimes" that are quite-evidently not universally-recognized war crimes, under any reading of the law, but will nevertheless remain that way on the books of this nation until the Court of Military Commission Review (and then, subsequent civilian appellate courts) finally gets its act together to rule on the first two Commission conviction appeals now before it - on which the CMCR heard oral arguments in January a year ago. (A second, partial oral argument in one of those appeals is now scheduled for March 17th this year).]
P.S. To john in sacramento – I don’t have a diary in the immediate offing to submit, but, FYI, I just posted an update in danps’s recent PATRIOTAct diary thread, about today’s developments in the House and Senate.
Ms. Saunders is definitely right wing. I have heard her on the radio as well as read her columns and she’s a tad nutty.
Cutting to the chase, without the patience to read a post about something that may or may not happen a continent away, will Berkeley pass the resolution or not?
Good job Jeff,like you pointed out Saunders has been a long time Right-Wing apologist.
Debra Saunders…look I feel sick just mentioning her name….aaargggh!
Berkeley does what they want to do. They will most certainly pass the resolution.
And then what? Will Djamel Ameziane, be freed to live there?
I wish these posts would be more to the point to peeps like me, who are marginally interested in the story but not enough to work thru the weeds.
Sic Anonymous on her. This is war.
Thanks, powwow, as always, for your informative and very helpful, insightful comments. I had not known about the NAF study, and look forward to reading it. Nor had I kept up on the Noor Article 5 hearing, which appears to be headed off at the pass by a plea bargain.
The presumption of guilt is something that should never be forgotten in all this, and is sure to bleed into the U.S. justice system, which right-wing memes aside, has never been real fair to poor and unconnected defendants charged with crimes, or discriminatory in prosecutorial discretion.
Andy Worthington has been visiting Poland and writing on the black site there. Meanwhile, Lithiuania, the site of another CIA black site prison, where Abu Zubaydah appears to have been held before shipping him off to Morocco, and then ultimately on to Guantanamo, has spiked any investigation into the operations of the prison there.
Methinks someone got to the Lithuanian prosecutor.
The British charity group Reprieve had more to say on this three weeks ago The bold emphasis is added, to stress the bizarreness of the Prosecutor’s actions:
What? Do I look like I have a crystal ball?
The issue in the end isn’t whether or not Berkeley will really play host to any detainees — though that has its importance — but that a great injustice continues to be inflicted on a group of men, an injustice that is directly connected to the waging of a war that will bankrupt this society, as it destroys lives abroad and at home, and eats away like a constant, penetrating acid at the core of the society.
If you want a prediction, I follow marymccurnin in the thread above, and believe the City Council will pass the resolution. I’d add that it will likely fail to move Congress one way or the other.
You misinterpret my comments completely.
I want no prediction whatsoever. Although that is the context in which I phrased my Q.
I would like a simple interpretation. If that is in the context of prediction, fine.
Otherwise, what does this mean? That’s all I want to know. I’m not so much interested in the ins & outs as to what it means.
???
Anyway, no one else seems to need this “simple explanation,” and I’m not going to repeat my story to you, but if you go back and read the very first sentence, I think you’ll get where I’m coming from.
Being a People’s Park Alumni with 30 days in solitary i will say that the Alameda County Sheriff do what they want too. So they better stay in the Berekley city limits if they decide to take up the city’s offer. Prof Yoo may have nightmares as his authorizations for torture under Bush still reek.
Herb Caen must be spinning in his grave.
She’s even a climate change denier.
As soon as I read the second paragraph I wanted to hug and kiss all of Berkeley
Excuse my hurried shorthand: “Noor” is actually from the Sudan, and his full name is Noor Uthman Muhammed.
Jeff, I’ll use this comment, in turn, to pass your kind words along to those who work on a daily basis, mostly in obscurity, to try to get the forgotten men in Guantanamo genuine due process, and with it their freedom or a just sentence, by laboring in the unseen trenches of and within “the rules of law” that the American judicial system seemingly imposes, these days, only on those outside the Soviet-esque “National Security” Zone of our Executive and Legislative Branches of government.
To get a taste of what Noor Muhammed’s civilian pro bono and assigned military defense counsel have been going through, take a look at this September, 2010 spreadsheet listing filings in his military commission case over the last couple of years (most of the filings themselves, as in other commission cases, are not available on-line for viewing by the public, by happenstance, as much as by intent).
Attorneys from the Phoenix office of Perkins, Coie, Brown & Bain are the civilian attorneys on the Muhammed case. Specifically, Amy S. Fitzgibbons and Howard Ross Cabot have been donating their time to work to defend Noor Muhammed from charges that he violated the law of war before he was captured.
Perkins, Coie is also the law firm that has long been defending Salim Hamdan (now at the 2006-created CMCR appellate court, in an effort to overturn his Commission conviction for “war crimes”), on a pro bono basis, from their Seattle office. There, Partners Harry Schneider, Jr., Joe McMillan, and Charles Sipos donate their time to this case:
Though those attorneys, like many of their colleagues across the country, have sacrificed a lot to represent the unseen and unheard occupants of the prison camps of Guantanamo, and have played an invaluable role, I think it’s safe to say that there’s someone else who has long sacrificed, in a different, more personal way, to make a difference in this debate. As Jeff mentions, Andy Worthington (a British citizen in the U.K.) just came back from a grueling speaking tour of Poland, where he worked to highlight the ongoing Guantanamo travesty and its Polish connections. One sudden, yet self-effacing, revelation late in Andy’s recounting of his trip should not be overlooked, when we’re weighing the personal toll that Guantanamo has taken on so many good people:
Thanks for this post Jeff. My take-away is that there is a strong core element of the media in this nation that are hand-in-gauntlet with the military-industrial complex and have both successfully hijacked major elements of our government apparatus to push their agenda. This anti-Muslim animus is just one of the many tentacles that orginate from this vampire squid. It appears that this lady on the SF Chronicle is no different. She is mimicking the mantra of propoganda.
I ready your article that you cited above: http://firedoglake.com/2009/08/31/racist-article-in-spy-journal-calls-for-killing-100000-muslim-zealots/
And I see that nothing has changed. At the end of the day, there is a group of people in this world seeking to solve their “Muslim Problem” and they are having to go through contortions and secrecy and propoganda to achieve it. It doesn’t appear to be working very well, as most of the world is on to their game, and most of the world is rejecting their “solution.” But most of the world still isn’t sure who “THEY” really are, and just sees the mouthpieces of “them.”
Thanks for this reporting. I’m glad Berkeley and other cities in the US and other nations are stepping up to exhibit the kind of Due Process, Fairness and Justice that our nation and Constitution was SUPPOSED to be about. Thanks for sharing this with us.
Thanks, powwow, for the sobering and important reminders of what those who fight and struggle sacrifice.
This witch, Debra Saunders, is frequently published in my hometown wingnut newspaper. Is it any wonder that I have to get most of my news from the Internet and MSNBC? I wonder how she would react if someone did a hit piece on her, distorting, misrepresenting and outright lying about her life and loves with juicy tidbits that would make any community think twice about wanting her to live there? She would, in all likelihood scream all the way to the courthouse, a privilege that the targets of her poison pen don’t have.
she was probably so excited, ooh village shiboleth berkely, this will earn mucho kool kid points
Race/Muslim baiting, hippie punching, and neocon talking points backed up by bogus statistics. WaPo/WSJ quality oped.
I just knew, before I clicked on this post, that it was going to be DS. She is now worse than Melanie Morgan, which is lower than low.
“Pity the poor Peace and Justice crowd.”
Oh yes, Debra, I’d much rather belong to the War and Injustice crowd. I notice you are very good at that.
LOL, one commenter of DS’s article actually asked when the Chron will hire an “actual conservative columnist and not a professional troll”. Well said!
Carol Rosenberg was right about the plea deal. Here are her tweets today about the Noor Uthman Muhammed plea bargain as publicly revealed this morning at Guantanamo (read from bottom to top):
That information also alerts me to an error in my preceding comment about the affiliation of Amy S. Fitzgibbons. Here’s the convoluted history of Amy’s role in the defense of Noor Muhammed, from an April, 2010 account:
So after a few months of detachment from the Army, for about the last nine months Amy S. Fitzgibbons, while once more a mobilized Army Major, has evidently ceased to act on behalf of Noor Muhammed as a member of the defense team in the Pentagon’s Office of Military Commissions, but has instead, it appears, been allowed by her present (Trial Defense Service) Army command to continue to serve Muhammed as one of his pro bono civilian attorneys in her own capacity (meaning she works with, but is not employed by, Perkins Coie, which employs Muhammed’s other pro bono civilian counsel, Howard Cabot).