Defense Dept. in Contempt of Court for Failing to Videotape Detainee Testimony

[Hissyspit]

Source: Washington Post

Defense Dept. in contempt of court for failing to videotape detainee testimony
By Del Quentin Wilber
Washington Post Staff Writer
Thursday, December 10, 2009; 4:16 PM
A federal judge ruled Thursday that the Defense Department was in contempt of court for failing to videotape the testimony of a Guantanamo Bay detainee who is challenging his detention in court.

U.S. District Judge Gladys Kessler had ordered the government to videotape Mohammed Al-Adahi, 47, when he testified June 23 via a secure video link from the prison in Cuba to her courtroom in Washington. Like scores of detainees, Adahi is contesting his confinement in federal lawsuits under the centuries-old legal doctrine of habeas corpus.

- snip -

In her order Thursday, Kessler expressed frustration that the government had failed to videotape Adahi's testimony. She wanted the government to tape his appearance and make it public after a classification review so the "public would have an opportunity to observe as much of the testimony as possible," the judge wrote in her Thursday order.

"There is intense national and international interest in the conduct of these proceedings," she wrote, adding that "a picture is truly worth 1,000 words, and the full import of (Adahi's) testimony cannot be gained from the cold, dry transcript alone."

Read more: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/10/AR2009121002867.html

[Union Yes]

1. Can't be! Government is ABOVE all laws and can break law with unfettered impunity. Or am I wrong?

recd

[chill_wind]

2. K & R.

Court Holds DOJ in Contempt for Failing to Videotape Gitmo Detainee’s Testimony
Daphne Eviatar 12/10/09 4:02 PM

(...)

Because the government claimed that its failure to videotape the testimony was an accident caused by “oversight and miscommunication,” the judge did not find criminal contempt, but civil contempt. That means no government lawyers will go to jail for violating her order, but they’ll have to post the detainee’s testimony publicly and ensure the court that the mistake won’t happen again.


http://washingtonindependent.com/70516/court-holds-doj-in-contempt-for-failing-to-videotape-gitmo-detainees-testimony#more-70516

These guys are good. Really, really good.

[chill_wind]

3. Story appears in the ABA Journal

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7199658

(no comments at ABA link yet)

[chill_wind]

4. Kicking. "Oversight and misunderstanding" just doesn't work here.

So which of the two things happened? The order by the judge was directly disobeyed-- or the tape was made as ordered, but withheld/destroyed?


Emptywheel has gotten some of the transcript:

THE COURT: Good afternoon, ladies and gentlemen. This is the case of Mohammed Al-Adahi versus Barack Obama, CA 05-280. All counsel are present.

We are going to have videotaped testimony this afternoon I do believe from the petitioner, Mr. Al-Adahi. He will be testifying from Guantanamo

more: http://emptywheel.firedoglake.com/2009/12/10/what-the-government-claims-didnt-get-videotaped/#comments

The Visual Aspects Not Videotaped

The transcripts are interesting for two reasons. First, they show that the defense counsel and the Judge highlighted the filming that was supposed to be going on. Kessler emphasizes that when the hearing starts.

THE COURT: Good afternoon, ladies and gentlemen. This is the case of Mohammed Al-Adahi versus Barack Obama, CA 05-280. All counsel are present.
We are going to have videotaped testimony this afternoon I do believe from the petitioner, Mr. Al-Adahi. He will be testifying from Guantanamo.

Then, al-Adahi’s defense counsel in DC warned that those in Gitmo might be sweating on account of the lack of air conditioning.

MR. CHANDLER: A couple of minor items, Your Honor.

First, in the room in Guantanamo there is no air conditioning. Ms. Wilhelm said that may speed up her questioning. But if you see people perspiring profusely, it is because they are in the Caribbean with no air conditioning.

Then there’s an exchange between Chandler and Kessler in which the Chandler warns Kessler that al-Adahi is chained to the floor, which appears to frazzle Kessler.

MR. CHANDLER: There was a third thing I meant to call to the court’s attention, and that is that Mr. AI-Adahi is chained to the floor in Guantanamo.

THE COURT: I see. All right. Mr. AI-Adahi is now going to testify, and he does need to be sworn in. I know that he is using his religious book, the Koran, and of course that is acceptable to the court. Mr. AI-Adahi, would you please –oh, he cannot stand. I am sorry. Excuse me.

MR. CHANDLER: He can stand, he just can’t move around.

MS. WILHELM: Yes, Your Honor he can stand.

THE COURT: Oh, he can. All right. Would you please stand up.

In other words, Kessler and the defense counsel were all taking heightened note of the visual aspects of the scene, and al-Adahi’s own lawyer was arguably playing aspects of that image–the perspiration, the manacles–up for the videotape. Of course, had they actually released a videotape, that would heighten the focus on visual cues like a human chained to the floor in a sweltering room. But as it happens, the government claims that no such videotape exists.

[gratuitous]

5. Better a citation for contempt

Than to stand trial for crimes against humanity. Pretty simple equation, really. Even a thug operating under cover of law and the aegis of the U.S. government can figure that one out.

[OnyxCollie]

6. K&R. nt