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MSNBC Countdown w/ KEITH OLBERMANN - 9 April 2010: Interview with Lt. Cmdr. Charles Swift on former Secretary of State Powell chief Col. Larry Wilkerson's revelation that Cheney and Rumsfeld knew Gitmo inmates were innocent and deliberately did nothing about it.
OLBERMANN: "The allegation of the ultimate cynicism is not unusual, but it's source, a senior member of the Bush administration is extraordinary. In our fourth story on the Countdown, Sec. of State Colin Powell's chief of staff, Larry Wilkerson, says Bush, Cheney and Rumsfeld KNEW the majority of detainees held at Guantanamo Bay were innocent, but fearing it would derail their push for war on Iraq, fearing it would harm what they called 'the war on terror,' they did nothing about it.
Wilkerson, signing a declaration in support of a lawsuit filed by a former detainee at Gitmo against the U.S., that document obtained by the Times of London, that detainee Adel Hassan Hamad, held from March 2003 to December 2007, does not know why he was seized, claims he was tortured by U.S. agents while he was in custody.
Col. Wilkerson says Mr. Rumsfed and Mr. Cheney believed it was 'political impossible to release the innocents, in part because the detention efforts would be revealed as the incredibly confused operation that they were.' This was 'not acceptable to the administration and would have been severley detrimental to the leadership at DoD.' According to Wilkerson, the Secretary of Defense and the Vice President also believed that 'innocent people languishing in Guantanamo for year was justified by the broader war on terror and the small number of terrorists who were responsible for the Sep. 11 attacks.' Concerning Mr. Cheney in particular, 'He had absolutely no concern that the vast majority of Guantanamo detainees were innocent ... if hundreds of innocent individuals had to suffer in order to detain a handful of hardcore terrorists, so be it.'
Wilkerson says he also discussed the detainee issue with Secretary Powell: 'I learnt that it was his view that it was not just Vice President Cheney and Sec. Rumsfeld, but also President Bush who was involved in all of the Guantanamo decision-making.'
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Joining me now, one of the attorneys in the milestone detainee case known for his client, Salim Hamdan, current criminal defense attorney, Lt. Cmdr. Charles Swift.
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Does Col. Wilkerson's involvement increase the likelihood of forcing Rumsfeld, Cheney, Bush, somebody, to testify anywhere, or can this too, like everything else be ignored?"
SWIFT: "It gets over one of the two major obstacles to bringing suit, and that's the state secrets doctrine. Basically, the administration has defended a great many of these, both the Bush and the Obama administration, under the state secrets doctrine, saying that if we have to defend ourselves, we'll give away state secrets. Sometimes that's just we'll be embarrassed, but they've used that doctrine. Col. Wilkerson's declaration makes that much difficult to apply that doctrine because it gives the plaintiff enough to go forward.
The real difficulty for this plaintiff, though, is something called the Detainee Treatment Act of 2006. The Detainee Treatment Act stripped all Guantanamo detainees of the right to sue. Now, you might remember that part of that was overturned in Boumediene in 2008 by the Supreme Court, Justice Stevens and Justice Kennedy leading the way in that one. But, the real concern is that was only in habeas, and habeas is a Constitutionally guaranteed right and this is a civil suit, and as a civil suit, it would come under statutory - the Foreign Torts Claims Act - and I'm not sure that he will have standing.
Another military declaration may help them a great deal though. And that was a military officer that revealed that the CSRTs were basically frauds. And, again, the administration said basically the same thing: 'we can't be embarrassed, therefore you must return the result and we'll send it back to you until we get the result we want.'
So it will be interesting to see if the court says 'Well, he was found to be a combatant by a CSRT. Never mind that a federal judge later overturned that, he still doesn't have standing or not.' So we got to see."
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OLBERMANN: "Does any of this put any additional pressure on this president to close and fulfill his promise to close Gitmo?"
SWIFT: "Ultimately, I think that, as Guantanamo goes forward, one of the real questions, and it's a difficulty, is that
these habeas that keep getting decided are being decided at an incredible rate for the detainees. And that puts pressure on the President, because more and more people who are currently held in Guantanamo, are being found to have ... there being no basis for them to be detained in the first place. He can't say 'Well, we're really not having no harm done, other than our image.' Actually we're harming people who are innocent, and that should put pressure on."MORE IN VIDEO
http://www.timesonline.co.uk/tol/news/world/us_and_americas/article7092435.eceFrom The Times
April 9, 2010
George W. Bush 'knew Guantánamo prisoners were innocent'George W. Bush, Dick Cheney and Donald Rumsfeld covered up that hundreds of innocent men were sent to the Guantánamo Bay prison camp because they feared that releasing them would harm the push for war in Iraq and the broader War on Terror, according to a new document obtained by The Times.
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