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Gold9472
02-05-2009, 09:57 AM
Britain: US threatened to cut off intel if evidence of torture released

http://rawstory.com/news/2008/UK_US_will_cut_off_shared_0204.html

Mike Sheehan
Published: Wednesday February 4, 2009

The British government says that the United States threatened to withhold shared intelligence if evidence of the torture of a UK citizen at Guantanamo Bay is released

To the shock and horror of civil liberties watchdogs, the Obama administration later appeared to stealthily confirm that position.

The allegation was made by British foreign secretary David Milliband, who told the United Kingdom's High Court that if evidence was disclosed, the US would stop sharing intelligence with the UK, an action that would directly threaten British national security.

The UK resident, Binyam Mohamed, launched a challenge in British court to force the public release of documents detailing his treatment. Mohamed is presently in a hunger strike at the US detainee camp at Guantanamo Bay, Cuba, and at last report was in an emaciated state. He says confessions he made regarding his involvement with terrorism resulted from torture.

The statement by Milliband led to scathing criticism from two High Court judges who were nevertheless compelled to rule that the documents must remain secret because of the US threat.

"In the light of the long history of the common law and democracy which we share with the United States," the judges said, "it was in our view difficult to conceive that a democratically elected and accountable government could possibly have any rational objection to placing into the public domain such a summary of what its own officials reported, as to how a detainee was treated by them and which made no disclosure of sensitive intelligence matters.

"Indeed we did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials," they continued, "relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be.

"We had no reason," said the judges, "to anticipate there would be made a threat of the gravity of the kind made by the United States government that it would reconsider its intelligence sharing relationship, when all the considerations in relation to open justice pointed to us providing a limited but important summary of the reports."

The ruling sparked the ire of Conservative MP David Davis, who said in Parliament that UK ministers must answer to charges that Britain was complicit in torture and demanded a statement by Milliband to the House of Commons explaining "what the devil is going on."

The US threat had been originally issued by the Bush administration, Davis charged, adding that Milliband must explain "whether the new Obama administration supported its predecessor's stance on the issue."

For its part, the office of British Prime Minister Gordon Brown said, "We have not engaged with the [Obama] administration on the detail of this case" and that the UK government "would 'unreservedly condemn' the use of torture and any allegations of mistreatment would be taken 'very seriously.'"

The White House later officially commented on the situation via written statement, saying that the US "thanks the UK government for its continued commitment to protect sensitive national security information and preserve the long-standing intelligence sharing relationship that enables both countries to protect their citizens."

Obama's statement stunned civil libertarians wearied by eight years of Bush administration policies. The ACLU responded in a news release, "Hope is flickering. The Obama administration's position is not change. It is more of the same."

Author, journalist and Raw Story contributor Andy Worthington, who has closely monitored US torture and ongoing detentions, says "the bitter truth ... is that Guantanamo is still being run as if the Bush administration remains in control."

Former Bush vice president Dick Cheney seemed to reassert his influence even today, warning that the new administration's anti-terror policies risked exposing the US to a catastrophic attack and saying that President Obama would regret his determination to close down Gitmo and end harsh interrogations of terror suspects.

Said journalist and columnist Joe Klein in reaction to the former VP's withering criticism, "Cheney has done here what the Bush administration did throughout: he has politicized terror."

After Obama praises torture ruling, civil liberties group appalled

http://rawstory.com/news/2008/ACLU_Hope_flickering_on_torture_after_0204.html

John Byrne
Published: Wednesday February 4, 2009

The American Civil Liberties Union, which has generally been harshly critical of President George W. Bush and praiseworthy of President Barack Obama, has fired a torpedo across the Obama bow.

After the British High Court ruled that evidence of a British resident's rendition and harsh interrogation at the Pentagon's Guantanamo Bay prison must remain secret because of threats made by the Bush administration to halt intelligence sharing, the Obama Administration offered a terse statement seemingly expressing support to the BBC.

"The United States thanks the UK government for its continued commitment to protect sensitive national security information and preserve the long-standing intelligence sharing relationship that enables both countries to protect their citizens," a spokesman said.

In response, the ACLU's executive director, Anthony Romero, shot off a letter to Secretary of State Hillary Clinton asking the Obama Administration to clarify their position. Romero also issued a sharply-worded three sentence statement to the press, saying Obama has now offered "more of the same."

"Hope is flickering," Romero said in a statement. "The Obama administration's position is not change. It is more of the same. This represents a complete turn-around and undermining of the restoration of the rule of law. The new American administration shouldn't be complicit in hiding the abuses of its predecessors."

The ACLU called on Clinton to "reject the Bush administration's policy of using false claims of national security to avoid judicial review of controversial programs."

Romero's letter to Clinton follows.

February 4, 2009
The Honorable Hillary Clinton
U.S. Department of State
2201 C Street, N.W.
Washington, D.C. 20520

Re: Clarification Requested on Position of the United States on Blocking Disclosure by a British Court of Its Report on Allegations of Torture

Dear Secretary Clinton:

The American Civil Liberties Union strongly urges you to clarify the position of the United States on the publication of the full judgment in a lawsuit brought by a Guantanamo detainee, Binyam Mohamed, in a British court. Earlier today, the High Court in Great Britain published a judgment denying publication of its report detailing allegations of torture. The High Court stated that the United States had threatened that full publication of the court's judgment would jeopardize intelligence cooperation between the two countries. Remarkably, the court reported that the British government claimed the U.S. position had not changed, despite the inauguration of President Barack Obama. We urgently request that you clarify the position of the United States in this matter.

Two of the British justices severely criticized the position of the United States in working to block publication of the judgment in the torture case. Lord Justice Thomas and Justice Lloyd Jones stated today that: Indeed, we did not consider that a democracy [the United States] governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials ... relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be. We had no reason ... to anticipate there would be made a threat of the gravity of the kind made by the United States Government that it would reconsider its intelligence-sharing relationship, when all the considerations in relation to open justice pointed to us providing a limited but important summary of the reports.

The court's opinion specifically stated that attorneys for British Foreign Secretary David Miliband told the court that the United States' threat on the effect of publication on intelligence cooperation was continued by the United States, despite the inauguration of President Obama.

Specifically, the justices stated that, "it was submitted to us by Mr. David Rose that the situation had changed significantly following the election of President Obama who was avowedly determined to eschew torture and cruel, inhuman and degrading treatment and to close Guantanamo Bay. We have, however, been informed by counsel for the Foreign Secretary that the position has not changed."

The claims made by the British justices that the United States continues to oppose publication of the judgment in the Binyam Mohamed case--to the point of threatening the future of U.S.-British intelligence cooperation--seems completely at odds with both the anti-torture and transparency executive orders signed by the President. We strongly urge you to clarify the position of the United States and remove any threat related to the publication of the court's full judgment.

Please let us know if you have any questions regarding this matter.

Sincerely,

Anthony D. Romero
Executive Director
Caroline Fredrickson
Director, Washington Legislative Office
cc: Joan Donoghue, Acting Legal Adviser