A federal judge has knocked down the government’s attempt to hold a secret hearing in a case challenging the military’s practice of force-feeding Guantanamo detainees who are on hunger strike.
U.S. District Judge Gladys Kessler called the government’s desire to close the proceedings “deeply troubling,” and chastised the Department of Justice for appearing to “deliberately” make the request “on short notice.”
The case involves Abu Wa’el Dhiab, a Syrian man who has been held at Guantanamo since 2002, though he was cleared for transfer out of the island prison by the military in 2009. He began a hunger strike last year and claims that he has been subjected to painful and abusive force-feedings. He has asked the federal court to intervene and stop the military forcing him from his cell and restraining him during the feedings.
The government wanted the hearing to be largely closed to the public, on the grounds that classified videos of force-feedings and so-called “forced cell extractions” would be shown. The doctors scheduled to testify might reveal secret details of how detainees are moved from cell to feedings, the government argued.
In denying their demand, Kessler noted that it would not be difficult to briefly close the court for classified matters. “A reasonable amount of delay and logistical burdens are a small price to pay for the virtues of judicial transparency,” Kessler wrote.
The decision nodded to public interest in Dhiab’s case. The practice of force-feeding at Guantanamo came to the fore last year when over one hundred detainees went on hunger strike. Many of them alleged that force-feeding was being done in a brutal, punitive manner. The military, for its part, said that the detainees were lying to gain public sympathy. The prevailing secrecy at Guantanamo makes independent verification of conditions at the prison next to impossible.
“With such a long-standing and ongoing public interest at stake,” Kessler wrote, “it would be particularly egregious to bar the public from observing the credibility of live witnesses, the substance of their testimony, whether proper procedures are being followed, and whether the Court is treating all participants fairly.”
First Look Media, the Intercept’s parent company, was among 16 news organizations that filed a motion opposing the closed hearing this week. A separate challenge to the classification of the force-feeding videos is still ongoing.
Kessler’s full opinion is below.
Photo: Charles Dharapak/AP
Before we start the high fives, this is one case with what I assume has a narrow scope, and as has happened many times before, the government can appeal the ruling. I may be mistaken on that last point, but as I said, it’s happened many times before. All in all, it is a positive step and must be applauded. Yay..clap..clap!
When I first read that from you my inclination was to hope or assume that they couldn’t appeal. But after reading the following from ‘Emptywheel’, I have no doubt that they can and almost certainly will: Anyone willing to bet more than 50:1 odds Admin will appeal Kessler decision & DC Circuit will reverse? Do I hear 100:1?
It really is disturbing how our own government has morphed domestically into the antithesis of what it used to stand for when we were in a Cold War against totalitarianism.
“The government wanted the hearing to be largely closed to the public, on the grounds that classified videos of force-feedings and so-called “forced cell extractions” would be shown.”
“The military, for its part, said that the detainees were lying to gain public sympathy.”
You would think Obama would be eager to show the videos to the world, as proof that the US does not torture people.
The videos likely prove the opposite.
I agree that the judge made a good decision. If the military feels like force feeding is the correct thing to do then there is no need to keep it secret. How do American prisons with normal prisoners work? I assume that the military would follow the same protocol in regards to force feeding?
There are legal arguments over force-feeding in federal prisons too — see this for example, from the AP about California, where some prisoners had signed “Do Not Resuscitate” forms while on hunger strike. It’s a pretty grim dilemma.
Does the US government fear this information might be used to launch an external rescue mission? Who would attempt this? Indefinite detention of prisoners without charges in Guantanamo is the best piece of propaganda that the enemies of the US could hope for. So clearly they wouldn’t be interested.
Does the US have friends who would be willing to take this risk on their behalf? Putting aside the question of whether such friends exist, they would probably rationalize that the US created the problem and therefore should be the one to solve it. So this seems unlikely as well.
That leaves President Obama. He pledged to close the base, but has been unwilling to pay the political price to actually do so. The US military appears to believe that he may launch a covert mission instead.
One aspect of government secrecy, frequently unmentioned, is that the government also doesn’t know what it itself is doing. Secrets are restricted on a need to know basis even within the community which has the requisite security clearances. Eventually various agencies and government departments become suspicious of what the others may be doing in secret. They start to foment secret plans against one another, or at least put in place secret defensive measures to protect themselves. The government fights to keep its secrets, not because they fear their enemies, or the public at large, but because they fear themselves.
Thanks for the follow-up Ms. Currier.
I am quite pleased with Judge Gladys Kessler’s backbone and decision.
This is good news and there is so little of that these days.
Let’s get all of those Black-Operations torture and rendition facilities out into the open.
The CIA and other Intelligence Agencies need to answer for their crimes and the only way for that to happen is to expose them.
Thanks again.
Congratulations to the judge for a good decision. The government desperately wants to prevent the American people from seeing what is being done in their name. We need much more sunshine on Guantanamo.