Law and Disorder Radio – Leaked Guantanamo Documents – Will Potter on Green Is the New Red: An Insider’s Account of a Movement Under Siege – Hosts: Heidi Boghosian, Michael Steven Smith & Michael Ratner – Produced by Geoff Brady

Law and Disorder Radio

Osama Bin Laden Story Inconsistencies: Analysis

CF Law (By analogy in law) Pat Tillman and Jessica Lynch

Authorization To Use Military Force, the Justification for Torture, Blowback

Torture Architect John Yoo Writing in the National Review

Dalia Hashad: Article in The Scoop: “Bin Laden Gone, Problems Remain”






Guantánamo Leaks Must Be Met By Release of Obama Task Force Assessments

The 759 Guantanamo files that were classified “secret” cover nearly every inmate since the camp opened in 2002. The documents obtained by the New York Times and The Guardian last month reveal how children, the elderly and mentally ill were wrongfully held. The documents also reveal that many prisoners were sent to Guantanamo for nearly nothing or to be interrogated. What did these documents reveal?








Attorney Shane Kadidal:

  • These stories started on Monday morning, because administration officials gave out a briefing saying that the nickname of Osama’s couriers was given out by one of the detainees.
  • Assuming information taken from Khalid Sheikh Mohammed
  • We do know it took eight months from the time they identified this compound to the point they decided to strike at it. I think it’s clear they relied on a whole slew of information from a variety of sources.
  • We already know the true name of the courier, which is more important than a nickname, came from agents on the ground and electronic surveillance.
  • 172 detainees, 90 cleared from release. Two-thirds of those are from Yemen and have been indefinitely suspended for repatriation because of the “underwear bomber.”
  • The problem is so much of the media attention is focused on the ones that will never be released.
  • WikiLeaks – 2,400 pages of documents, almost all risk assessments of about 740 detainees who’ve been to Guantanamo
  • They represent the Defense Department’s best case for detaining someone.
  • You have these long analyses of very shady facts, not detailing where allegations are coming from.
  • If you look at the documents as a whole, it shows that most of the detainees were held on flimsy, unreliable information.
  • The documents show that people were interrogated in GTMO about nothing to do with terrorist attacks in the United States. You had Samuel Hodge interrogated about the inner workings of Al-Jazeera.
  • Everyone ended up with the categorization of high or medium risk
  • When you see a leak of this magnitude, the only corrective is to release more information and that’s what we’ve called for at CCR.
  • The government quickly emailed us – They said consistent with the security clearances you signed on for, you have to treat this information as classified (leaked documents) even though its been scattered to the winds on every newspaper on Earth.

Guest – Attorney Shane Kadidal, senior managing attorney of the Guantánamo Global Justice Initiative at the Center for Constitutional Rights (CCR). He is a graduate of Yale Law School and a former law clerk to Judge Kermit Lipez of the United States Court of Appeals for the First Circuit. In his eight years at the Center, he has worked on a number of significant cases in the wake of 9/11, including the Center’s challenges to the detention of prisoners at Guantánamo Bay (among them torture victim Mohammed al Qahtani and former CIA ghost detainee Majid Khan), which have twice reached the Supreme Court, as well as several cases arising out of the post-9/11 domestic immigration sweeps.

  Green Is the New Red: An Insider’s Account of a Social Movement Under Siege

We welcome Will Potter, award-winning independent journalist and now the leading authority on “eco-terrorism.” He’s the author of the new book Green Is the New Red: An Insider’s Account of a Social Movement Under Siege, and it reveals a complex environmental movement emerging amid police state pressure. As we’ve reported here on Law and Disorder, environmental activism have been labeled terrorism under certain interpretation of the Patriot Act, essentially criminalizing dissent and chilling free speech in this country at a critical time. Our guest was an FBI target for merely leafleting against animal testing, and he was threatened to be put on the domestic terrorist watch list if didn’t comply with FBI demands. We talk more about that, the environmentalist movement and his new book.

Will Potter:

  • My background is in mainstream newspapers. I was working as a reporter at the Chicago Tribune, about 9 months after 9/11. I was covering breaking news, blood and guts.
  • I decided to go out leafleting on a campaign I became aware of against a controversial animal testing company.
  • Couple weeks later the FBI knocks on my door telling me I need to become a government informant and help infiltrate animal rights and environmental groups and if I didn’t they’d put me on the domestic terrorist list.
  • It scared the tar out of me. I wish I could say it didn’t.
  • Afterward it really lit a fire under me to figure out what was going on.
  • One of the reasons I started the website was because of this new law being considered called the Animal Enterprise Terrorism Act.
  • What I decided to do with the book is tell the personal stories of the people involved.
  • I followed Daniel McGowan a few days before his sentence to how he ended up in this facility, his own journey as an activist. Daniel was convicted of serious crimes, two arsons that didn’t harm anyone, and he was labeled a terrorist.
  • The book looks at the wide range of activity being labeled “eco-terrorism”
  • The FBI has labeled the environmental and animal rights movement the number one domestic terrorism threat.
  • These corporate campaigns were pushed for so long through the courts, politicians, and the press that over time they began to dovetail with government policy.
  • The Animal Enterprise Terrorism Act is so broad it can even wrap up non-violent civil disobedience as terrorism, only if it’s directed at what is called “animal enterprises.”
  • The real power of this is fear.
  • The activists who are really effective and pushing the boundary are the ones being labeled eco-terrorists.
  • I recently wrote about 3 bills that are under consideration for the Huffington PostWhat Is Big Ag Trying To Hide?

Guest – Will Potter, award-winning independent journalist based in Washington, D.C., who focuses on “eco-terrorism,” the animal rights and environmental movements, and civil liberties post-9/11. Will’s work has appeared in publications including the Chicago Tribune, the Huffington Post, and the Vermont Law Review, and he has testified before the U.S. Congress about his reporting. He is the author of Green Is the New Red: An Insider’s Account of a Social Movement Under Siege, forthcoming from City Lights Books.