Professional Documents
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NATIONALREVIEW
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h.--*-
Anwrica as Jailer
By Blng We"
TO: D o m c e Smith
FROM: A l l i m Barter
The following retired military analysts have accepted our invitation and confirmed thatthey will
travel with us to Iraq, July 7-11.
The following analysts are checking their financing and flight options to see if they can make it
work:
hi us: forgot to put jed babbin on the decline H a t added him on that lut email 3
sent you*
COHPfRMBD:
Don she-&, OH*
Spider Narks, OH*
Cave Grange, CNM
TPSTATIVE/CHECKING
Ken Allard. MSNBC
Bob Maginnis, freelance radio, regular POX TV Jack Jacobs. MSKBC Jack Ke-, ABC
DXCLINE
General Wayne Downing, USA, Ret. with M m C Lieutenant Colonel Rick Prancona IUSftP,
Retired) NEC Colonel John Garrett umu, Retired) Lieutenant: General Th-s Mcimerney,
USRF, R e t . with Pox Mews Major General Robert s c a l e s , USA, Bet. with Fax N- M r . Maw
Simnions, CIA, Ret. with pox News
a 29,20065:54PM
Subject: F W Travel
fairs
t o n s sad Public Liais The Pentagon Washington,
HY TIHES
Subkt FW Trip
Dallas:
I sincerely regret that I win not be able to attend this trip. Keeping my aMIne up makes il
financially difficult at this time. Have a safe trip.
Wayne
From: L m e e Dallas Mr OSD PA
sent:
To: gr;,y pM
cc: Bartoe! ANmn Ms OSD PA
Subject: RE Sheppard Trip Report
Acluatly. it mbht be betterto fmtsend it around undodored...planedelete my Infofromthe email chain. Thanks.
I t was my second trip to Ouaotanamo, the last being a year ago. A collection o f media analysts,(CNNand Fox),
radio comibutm, lawyers, writers, DoD deputy assistant secretaries, i t was another whirlwind adventure out -
ofthe chocks at Andrews AFB as aguest o f DoDonNavy mil-air at 730 AM, 3:15 en route to Cuba; landat
Gitmo Airfield, Navy launch to the windward side, visit the detention facility all day; receive briefs,Jong waier-
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taxi back to the airfield, wheels up at 5:00 PM and back to Andrews by 8:15 whewl.
Iwish all o f America, i n fact ail o f the concernedworld, would go becausethey could draw their own
conclusions and stopasking me. The world, at least America, would be proud of Rear Admiral Harry Hairis, the
Joint Task Force Conunander-GTMO and histroops. Thoughtful, articulate, professional, concerned, serious.
but with panache, a '78 USNA grad, H m i s stayed with us all day giving and pankipling in the briefingsand
answering questions, some very hard ones. Army Col. Mike Bumgarner. in charge of detaineeoperationsand 35
yearsas an MP, wiu the hostofounour through ail the facilities. including individual cells,cellblocks.
recreation areas, medical facilities and interrogationOpS where we viewed an HVT (high value target)
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iniemgation. ...and then there were other participants briefs from the "other" agencies, law enforcement and
intelligence. Bumgamer could be a popular county sheriff- he is hometownAmerica - he could get elected
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anywhere may happen as he is nearingthe end o f his career. he cares about his troops and the detainees-
even theones that have threatened to kill himand his family,
We started with briefings over a halal meal at the Camp Delta mess hall. The meal was tasty and one of three
composingthe4200 daily calories offered each detainee. Special meals are also offered for vegetarians,
diabetics, etc. The food is good.
A professional medicalstaffwith a fully-equipped hospital, including major surgical capabilities, mental health
and dental looks after the detainees. The docs and nurses wear "stab vests" as they provide care... hmmm.
Some importantquestions:
HY TIMES
, an intellectualexchange. One has free access to talk to any o f the staff
Whv don't we avoid all this wntro- and rimnlv declare the detainees as POWs and comely with the Geneva
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Conventions^ because81 isn't that simple - the detaineesare not soldiers o f a nanon stale, are not an organized
army and are not signatories 10 internationalconventions, nor do they comply with the Laws ofArmed Conflict,
This may requiresome new legislation. This is a different sort of war i n which the old rules and laws are not
adequate, many do not apply, thus, we are creatingnew processes and trying to insure justice and human rights
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in the process i t is hard, real hard and incidentally we comply with most o f the provisions of the Geneva
Convention, the ones that make sense, especially humane ueament. I n all previouswars we have detained
POWS and released them at the end o f the war, and tried those suspected o f heinous crimes- the same thing is
being anempled in this war.
But vou must admit that the orisoners have no "due process"- wrong. One may not like the process (and the
Suoreme Court will likclv rule imminentiv on its lesalitv). but there is a well-ordered due DTOCCSS. one that was
suggestedby Supreme court lustice ~andra~ a 0y' C o n k r who encouraged the U S, to design mechanismsthat
c m o l v with Am& V of theGeneva Convention Article V states ifthere is nlauslhledoubt ofa detainee's
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stni-s are they or are they not, enemy combatants aprocess must heestaol shed 10 determine that fact Thus.
the administration establishedthe Combat Slams Review Tribunais(CSRTs1and Admintstm'ivc Revieu
Boards fAKR< venr, v,case re-ççnmin ono that review a 0 ai,ailabie facts and infnmmion tnoelmine Is the
deiaineean enemy wmbatant, deserving detention, or not?
My don't wwt-i - -
svstem lmwen. m n d lwies. h e x ~ a b ?s o d s p t . tat It
doc3 not work in war and that has been long recognized There are about 1,000 foreign terrorists incarcerated I n
infrasmciure. War simnlv does not fit that mold. The nonnal investicativenrocesses used in U.S. criminal trials
- M randa nghis. chain ofcustody of evidence. etc i s simply unpracticalwhen applied to* comwt situation
0
Cnme i s from Wars warfare is from Venus - the two s mply aon 1mate Those uho cry for criminal
prosecution under the U S justice system shou d read aanui the na'ure ofwar and hm just~cchas been upplied
over the years - the two systems are simply designed for entirely different scenarios.
So. whv don't we use tilunWw 7C -o - the militwy justice system is the q u i v d m t o f t k
US. civil justice system modified for military use. It is anextremelyfair system with rights to free counsel,
luries of true n e m and automatic review: however. the same rule!; annlv
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r., ,.
to evidence. Testimnnv. etc. as amlv
[he L S c i b i ;an justice system the system is simply inadequate for warfare during which POWsaredeuuned
--, in
and released after a war. or tncd for war crimes under memattonal statutes covenng the Laws of Arnica
Conflict. This is what 1heU.S. isattempting lo do withOitmo detainees.
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Aren't many ofthe Giuno detainees lust low-level foot soldiers that eot swept-nol a battle? some are,some
aren't. 759 detainees have been sent to Giuw. Almost ail were detained in Afghanistanor Pakistan. Most u
suspcmd ofbeing high-level or important Al-Qaeda 01 Taliban, or a significant threat as terrorists, thus thar
transfer 10 Gilmo. None have been sent from Iraq. About 460 remain. The remainder have been released (13
MY TIKES
have been fflotured or killed a n i n in the OWOT after release) or transferred back to their home countries or to a
third countrythai has agreed to abide by the international a&mcniagainit torture. All detainees have
received CSRTstodetermine their status and all will receive yearly ARBS (not required by Geneva
Conventions) to determine if they should continue to be detained or released.
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Manv detainees have been there since 2002. Surety we have exhausted their intelltaence value7 nono,
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according 10 intelligence officials and interrogators. imerrogations m l i n u c and mportant infonnalion on
l and internaliund eel s continue 10 emciee tha* have uncovered and orev-nted sienificantattacksand
i c e " doun dangerous naworks, especiallv in foreign countries Additionally, man) detainees are cooperating
The main weapon of L.S intcrrogatora is time Ihedetaineesall wain 10 get om Most figured the) cooperate.
the) will eventuall\ be released - 11 is a good (mess As new characien emerge w e n &erg ire idlled or
detained in the OWOT ( W i d Sneik Vohammed. a-Zaqawi et-al 1detainees have important information on
w emerging leaders - their locations, contacts, funding mechanisms, travel patterns, history - this infonnaiion
is extremely valuable and increasing pressure is being put on the worldwide networks - thcir bench is not deep,
Further, in the fight against IEDs some of the detainees are providing extremely valuable information on
designs, trigger mechanisms and tactics - several of the detainees were MAJOR IED and explosive players. ,
e NYT -.ufl V- I , U ~ I O
incarcerated for four years without access to iustice, lawyers, due -a^ - 0n.y some ofthat K true Some
drtaineci
- ~ have been in Cumit
~ - for four ,
~~.~ \ear< h-il none
. have been without ,--.
~
i ~ u c e - -t h cCSRTt
~ ~ -- - - ARBS
and -~ and
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milttan commissions (some sinned, none completed due to lawyers flmg for cow-directed siavs), ifthe
Supreme Court approves than. serve as justice an0 theequivalent of grand juries - reasons to believe ihe
detainees are or are not enemy combaiams an0 the! wi.1 either be referred toand proseculed by military
comm.ssions, or released - uatcn for the Supreme Coun decisions Some delamees are involved with lawyen
and lnc! arc provided lawr-clicnt privileges
But what about the urisoner who was b e h e for&-fed?- when detainees perform hunger strikes and those
actions become dannerous to health. the decision has been made to insert feedins lubes to ore.- life - this is
the same procedure~hathas been a&% mid is used& the U.S. ~&au Z&&d Ihi- srandird- -
equipment used in U S. hospitals A small 1 W men tube is inserted through tne nasal cavity, down the throat -
the area is lubncalcd and ancstnetlzed, the procedure not palnfal. Adm. Harris had the procedure performed on
him to test the system.
What about the Red Cross views of Gittno?-ihc Red Cross views areconfidential and closely-held, but the Red
10
MY TIMES 5888