The Pittsburg Post-Gazette has an op-ed up today, written by my friend Lt. Col. Barry Wingard. Barry represents Gitmo detainee Fayiz al-Kandari. I have written about them, and the topic of detainees in general, extensively, as you can see if you follow this link, and here at DKos.
But now, once again, you can hear one of these stories first hand. Time to let Barry do the talking:
Lt. Col. BARRY WINGARD says he used to think all the prisoners at Guantanamo Bay must be terrorists, but not anymore
I received military orders last year directing me to report to Washington, DC, to defend a Kuwaiti detainee at Guantanamo named Fayiz al-Kandari. Prior to accepting these orders, I assumed Guantanamo Bay was full of al-Qaida operatives and others involved with the Sept. 11 attacks on our nation. I have since learned that is not the case.
My career has taken me down many paths, some of which were totally unexpected. I have served in the U.S. military for two and a half decades -- 14 years in the Army infantry and 11 and counting in the Air Force as a judge advocate general. [...]
My current assignment representing Fayiz, however, may be the most challenging and eye-opening case in my long military career. As a military lawyer, I am duty bound to defend Fayiz every bit as zealously as I defend American soldiers. But I must admit that, at first, a part of me assumed Fayiz and the other detainees at Guantanamo probably deserved to be there.
The more I investigated Fayiz's case and examined the government's evidence against him, my initial assumptions quickly changed.
Fayiz likely was sold to U.S. forces by Afghan bounty hunters; he wasn't captured on the battlefield. The evidence that has kept Fayiz locked up without charges for more than seven years is razor thin and questionable at best. Despite being subjected to harsh treatment and "enhanced interrogation techniques," Fayiz's story has remained consistent. When he was captured in Afghanistan, Fayiz was doing charity work that his religion requires, known in Islam as Zakat.
If the U.S. government believes my client is guilty, it should give him a trial. If the government is not sure, it should allow him to challenge his detention before a federal judge. But what the government cannot do -- in a country that believes in the rule of law -- is imprison a man on a whim and throw away the keys. If that's what our country has come to, then there's a bitter irony here. We are fighting for democracy abroad while abandoning our democratic principles at home.
It has been, and continues to be, difficult to earn my client's trust when he knows that the government that appointed me to represent him is the same government that has accused him of committing a crime yet prevents him from challenging his accusers. It is the same government that will supply the prosecutor, judge and jury should he ever be tried.
Representing Fayiz al-Kandari is not about being a liberal or a conservative, a Democrat or a Republican. It is about upholding the principles of our country and fighting for the fundamental rights that many of us take for granted -- the right to see evidence against us, the right to a speedy trial, the right to challenge our accusers. [...]
After nearly eight years in prison without charges, after enduring harsh treatment and cruel interrogation, my client is suffering. So, too, are the rule of law and our fundamental principles of democracy.
Each time I travel to Guantanamo Bay to visit Fayiz, his first question is, "Have you found justice for me today?" This leads to an awkward hesitation.
"Unfortunately, Fayiz," I tell him, "I have no justice today."
All my previous posts on this subject matter can be found here; That link includes audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.
If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.
If you'd like to see other ways you can take action, go here and scroll down to the end of the article.
Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.
More of Fayiz's story here, at Answers.com.
Thank you for taking the time to read this. I'm doing everything I can to help Barry and Fayiz tell their story. Many, many people I've talked to have no idea any of this is going on.