Challenge to Censorship of Torture Testimony at Guantánamo Military Commission Trial
What's at Stake
The ACLU asked the Guantánamo Bay military commission to enforce the American public’s First Amendment right to open trials in the most important terrorism case of our time. Our motion challenged the government’s attempts to censor and hide from the public any statements by the 9/11 defendants about their torture and detention in CIA and military custody. The government’s request was granted, and our appeal of that decision was denied.
Summary
The Guantánamo military commissions were created in part to hide the Bush administration’s illegal and shameful use of torture while also permitting the use of information obtained through torture. The government contends that any testimony by the 9/11 defendants concerning their “exposure” to the CIA’s unlawful torture, rendition, and detention program is classified as “sources, methods and activities” of the U.S. and can be withheld from the public.
In May 2012, the ACLU filed a motion asking the commission to deny the government’s request to prevent the public from hearing all statements by the defendants about their torture and detention while in U.S. custody. On that basis, the motion asked the commission to bar a delayed audio feed of the proceedings, or, in the alternative, promptly release an uncensored transcript. A group of 14 press organizations also filed a motion arguing for the media’s right to access all of the commission’s proceedings. Oral argument at Guantánamo was held in October. In December, the judge granted the government’s request, and in February 2013 the ACLU asked the U.S. Court of Military Commissions Review to reverse that decision. Our request was denied in March 2013.
Legal Documents
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12/06/2012
U.S. v. Mohammad – Protective Order to Protect Against Disclosure of National Security Information
Date Filed: 12/06/2012
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12/06/2012
U.S. v. Mohammad – Ruling on Government Motion to Protect Against Disclosure of National Security Information
Date Filed: 12/06/2012
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10/17/2012
U.S. v. Mohammad - ACLU Motion for Public Access at Guantanamo Bay Military Commission Trial – Transcript of Oral Argument Day 2
Date Filed: 10/17/2012
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10/16/2012
U.S. v. Mohammad - ACLU Motion for Public Access at Guantanamo Bay Military Commission Trial – Transcript of Oral Argument Day 1
Date Filed: 10/16/2012
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10/12/2012
U.S. v. Mohammad - ACLU Response to Government’s Supplemental Motion for Modified Order to Protect Against Disclosure of National Security Information
Date Filed: 10/12/2012
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09/25/2012
U.S. v. Mohammad - Government Supplemental Motion for Modified Order to Protect Against Disclosure of National Security Information
Date Filed: 09/25/2012
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05/23/2012
U.S. v. Mohammad - ACLU Reply Brief - Motion for Public Access at Guantánamo Bay Military Commission Trial
Date Filed: 05/23/2012
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05/18/2012
U.S. v. Mohammad - al Baluchi's Unclassified Response to Government Motion to Protect Against Disclosure of National Security Information
Date Filed: 05/18/2012
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05/16/2012
U.S. v. Mohammad - Response/Opposition by 14 News Organizations to Government's Motion to Protect Against Disclosure of National Security Information and Cross-Motion to Enforce Public Access Rights
Date Filed: 05/16/2012
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05/16/2012
U.S. v. Mohammad – Government Response to ACLU Motion for Public Access to Proceedings and Records
Date Filed: 05/16/2012
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05/03/2012
U.S. v. Mohammad - ACLU Motion for Public Access at Guantanamo Bay Military Commission Trial
Date Filed: 05/03/2012
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04/26/2012
U.S. v. Mohammad - Government Motion To Protect Against Disclosure of National Security Information
Date Filed: 04/26/2012
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03/27/2013
U.S. v. Mohammad – Denial of ACLU Petition for Writ of Mandamus
Date Filed: 03/27/2013
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03/27/2013
U.S. v. Mohammad – Denial of Press Petition for Writ of Mandamus
Date Filed: 03/27/2013
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03/19/2013
U.S. v. Mohammad – Petition for Writ of Mandamus – ACLU Reply Brief
Date Filed: 03/19/2013
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03/18/2013
U.S. v. Mohammed – Petition for Writ of Mandamus – Press Reply Brief
Date Filed: 03/18/2013
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03/07/2013
U.S. v. Mohammad – Petition for Writ of Mandamus – Government Response to ACLU
Date Filed: 03/07/2013
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03/07/2013
U.S. v. Mohammad – Petition for Writ of Mandamus – Government Response to Press
Date Filed: 03/07/2013
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03/07/2013
U.S. v. Mohammad - Appendix to Response to Petition for Writ of Mandamus
Date Filed: 03/07/2013
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02/21/2013
U.S. v. Mohammad – Petition for Writ of Mandamus – U.S. Court of Military Commissions Review
Date Filed: 02/21/2013
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02/14/2013
U.S. v. Mohammad – Petition for Writ of Mandamus (Press) – U.S. Court of Military Commissions Review
Date Filed: 02/14/2013
Press Releases
ACLU Appeals Decision Allowing Censorship of Torture Testimony at Guantánamo Military Commission
Judge Rules for Censorship of Torture Testimony at Guantánamo Military Commission
ACLU to Argue Next Week at Guantánamo Tribunal Against Censorship of Torture Testimony
ACLU Asks Guantánamo Tribunal Not to Censor 9/11 Defendants’ Accounts of Torture
