Monthly Archives: December 2006

NPR Likes UM Law

Today it was my colleague Steve Vladeck’s turn to be on NPR, in this segment on the Padilla case.

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Padilla Reply Brief and Exibits on Motion Alleging Outrageous Government Conduct

John Young kindly collects the links (and has some good pictures):

1 Main Document 10
pages
Mr. Padilla’s Reply to the Government’s Response to the Motion
to Dismiss for Outrageous Government Conduct

2 Exhibit A 1 page
Affidavit of Jose Padilla

3 Exhibit B 5 pages

Affidavit of Angela Hegarty, MD

4 Exhibit C 4 pages
Stuart Grassian, MD, Overview: Neuropsychiatric Effects of Solitary Confinement

5 Exhibit D 7 pages
Declaration of Andrew G. Patel, Attorney

Posted in Padilla | 2 Comments

Evidence Mounts that US Used Psychological (and Physical?) Torture Against Padilla

The evidence begins to mount that the US used at least psychological torture against Jose Padilla while holding him in the Navy brig for almost three years.

Padilla's allegations that he was kept in total sensory deprivation begin to seem more credible. Padilla's lawyers allege that he was kept alone in a locked room and fed through a slot to minimize human contact.

Padilla was by all accounts a docile and model inmate. What possible justification other than the desire to break Padilla by isolating him could justify the treatment depicted in this picture, published in the New York Times today:


The NYT explains the photo as follows: Padilla got to go to the dentist once — for a root canal. To prevent this from breaking his sensory deprivation, the Navy worked hard to minimize human contact:

Wordlessly, the guards, pushing into the cell, chained Mr. Padilla’s cuffed hands to a metal belt. Briefly, his expressionless eyes met the camera before he lowered his head submissively in expectation of what came next: noise-blocking headphones over his ears and blacked-out goggles over his eyes. Then the guards, whose faces were hidden behind plastic visors, marched their masked, clanking prisoner down the hall to his root canal.

I hope it is not going to be debated that if it is proved that the government did hold Padilla in sensory deprivation conditions for months, much less years, this is not only cruel and unusual, but actual government misconduct.

The effects certainly appear to have been severe,

Dr. Angela Hegarty, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, N.Y., who examined Mr. Padilla for a total of 22 hours in June and September, said in an affidavit filed Friday that he “lacks the capacity to assist in his own defense.”

“It is my opinion that as the result of his experiences during his detention and interrogation, Mr. Padilla does not appreciate the nature and consequences of the proceedings against him, is unable to render assistance to counsel, and has impairments in reasoning as the result of a mental illness, i.e., post-traumatic stress disorder, complicated by the neuropsychiatric effects of prolonged isolation,” Dr. Hegarty said in an affidavit for the defense.

Dr. Hegarty said Mr. Padilla refuses to review the video recordings of his interrogations, which have been released to his lawyers but remain classified.

He is especially reluctant to discuss what happened in the brig, fearful that he will be returned there some day, Mr. Patel said in his affidavit.

“During questioning, he often exhibits facial tics, unusual eye movements and contortions of his body,” Mr. Patel said. “The contortions are particularly poignant since he is usually manacled and bound by a belly chain when he has meetings with counsel.”

Recall that Padilla is a US citizen, arrested in the USA, and at the relevant times had been charged with no crime.

Posted in Padilla, Torture | 3 Comments

Pentagon Rushes to Build Mega-Complex at Gitmo — Before Dems Take Congress?

Today’s Miami Herald has a great story on the Pentagon’s unseemly rush to build “in three months, a mini-city on an abandoned airfield to stage the trials — two new courtrooms with space for two more, dining, housing and work space for up to 1,200 military and civilians working at the trials, and media, conference and classified information centers.”

The Pentagon is invoking emergency authority to fast-track funding of a comprehensive war-crimes court compound at Guantánamo Bay, Cuba, according to a letter to Congress obtained by The Miami Herald.

Department of Defense spokesmen would not say when — if ever — the Pentagon had last invoked similar authority.

Nor would they specify which military construction already approved by Congress would be frozen to fund the courtroom project, which could cost as much as $125 million, according to U.S. government documents.

Since Congress hasn’t appropriated funds for this, the emergency money for the secret no-bid contract is coming out of something else — the war effort, if you will.

Hard to escape the feeling that the rush here is that once the Democrats are in Congress they won’t allow this sort of travesty, and Rumsfeld wants to, as Menachem Begin used to put it, “make facts” on the ground.

Posted in Guantanamo | 2 Comments

Is That a Razr in Your Pocket, or is the FBI Glad to See Me?

Be afraid.

FBI taps cell phone mic as eavesdropping tool. The FBI appears to have begun using a novel form of electronic surveillance in criminal investigations: remotely activating a mobile phone’s microphone and using it to eavesdrop on nearby conversations.

The technique is called a “roving bug,” and was approved by top U.S. Department of Justice officials for use against members of a New York organized crime family who were wary of conventional surveillance techniques such as tailing a suspect or wiretapping him.

The surveillance technique came to light in an opinion published this week by U.S. District Judge Lewis Kaplan. He ruled that the “roving bug” was legal because federal wiretapping law is broad enough to permit eavesdropping even of conversations that take place near a suspect’s cell phone.

Kaplan’s opinion said that the eavesdropping technique “functioned whether the phone was powered on or off.” Some handsets can’t be fully powered down without removing the battery; for instance, some Nokia models will wake up when turned off if an alarm is set.

It seems the bugging software can downloaded remotely, without the cops ever touching the phone. And once the handset’s software is compromised, even pushing the “off” button won’t stop it from acting as a bug.

The U.S. Commerce Department’s security office warns that “a cellular telephone can be turned into a microphone and transmitter for the purpose of listening to conversations in the vicinity of the phone.” An article in the Financial Times last year said mobile providers can “remotely install a piece of software on to any handset, without the owner’s knowledge, which will activate the microphone even when its owner is not making a call.”

Nextel and Samsung handsets and the Motorola Razr are especially vulnerable to software downloads that activate their microphones, said James Atkinson, a counter-surveillance consultant who has worked closely with government agencies. “They can be remotely accessed and made to transmit room audio all the time,” he said. “You can do that without having physical access to the phone.”

J. Edgar would have loved this one.

I wonder what the effects are on battery life, however: If my battery suddenly seems to die on me more quickly is that a sign I need a new one, or that I’m being bugged?

Memo to all lawyers: take the battery out of your cell phone when having sensitive conversations.

Posted in Law: Criminal Law, Law: Privacy | 3 Comments

There is a Bacon of the Month Club. Yes, Really.

Very funny post at Emergent Chaos inspired by the Bacon of the Month Club. And the Club of the Month Club. And so on…

Posted in Shopping | Comments Off on There is a Bacon of the Month Club. Yes, Really.