Gitmo Lawyer: Gates May Have Committed Perjury

The announcement Dec. 1 that Barack Obama had retained Bush Defense Secretary Robert Gates was intended to demonstrate the President-elect's desire for a "big-tent" administration that transcended partisan politics. Gates had voiced his desire to close the Pentagon's notorious Guantánamo Bay prison almost as soon as he took over from Donald Rumsfeld in December 2006, and this and his subsequent stewardship of the Iraq War earned him a place as a trustworthy figure who might bridge the Bush and Obama divide.

However, a declaration the defense secretary made in a Washington, D.C. District Court filing Dec. 12 during the habeas review of Guantánamo prisoner Binyam Mohamed might make some rethink the trustworthy label. Mohamed's lawyer, Clive Stafford Smith, says that unless Gates retracts his statement, he could find himself accused of perjury.

Read the whole story here.

Comments

[RTIII]

Unfortunately, the (full) article wasn't very clear on just what exculpatory evidence they expected, but it would appear that they feel the case against him is based on the defendant's own words and therefore they expect two things: access to those words so they can examine in detail opportunities to rebut such arguments, and second; because such statements were made under duress (torture), they cannot be used as evidence. Therefore, the question of torture is vital to the defense because it's the source of the statements used to condemn the accused...

I wish the article would have spelled this out more clearly for us...
.

[robertjames]

Robert Gates & Iran-Contra (Wikipedia)
"Because of his senior status in the CIA, Gates was close to many figures who played significant roles in the Iran-Contra Affair and was in a position to have known of their activities........

Gates was an early subject of Independent Counsel's investigation, but the investigation of Gates intensified in the spring of 1991 as part of a larger inquiry into the Iran/contra activities of CIA officials. This investigation received an additional impetus in May 1991, when President George H.W. Bush nominated Gates to be Director of Central Intelligence (DCI). The chairman and vice chairman of the Senate Select Committee on Intelligence (SSCI) requested, in a letter to the Independent Counsel on May 15, 1991, any information that would "significantly bear on the fitness" of Gates for the CIA post.
Gates consistently testified that he first heard on October 1, 1986, from Charles E. Allen, the national intelligence officer who was closest to the Iran initiative, that proceeds from the Iran arms sales may have been diverted to support the Contras. Other evidence proves, however, that Gates received a report on the diversion during the summer of 1986 from DDI Richard Kerr.[15]

"The issue was whether the Independent Counsel could prove beyond a reasonable doubt that Gates was deliberately not telling the truth when he later claimed not to have remembered any reference to the diversion before meeting with Allen in October..........."

Toadie.

[RebelPatriot]

Of course he did.

So.

What are you going to do about it?

Same thing with NORAD lying before Congress and the 9 One One Commission.

What did that get you?

[robertjames]

Really? You must be kidding!!! Not this long-time Bush Toadie - No way, he wouldn't lie about anything.

(Oh yeah, except the Contras......)

[rushthelibs]

I guess that says a lot about your Messiah if he is willing to keep this long time "Bush Toady" (you spelled toady wrong) around as his Def. Sec. More change you can believe in, right?

[robertjames]

Uh-oh, it's the spelling police!!!

Your assumptions about my politics are truly astounding.

[robertjames]

"toadie: A side kick, a tag-a-long, one who is sent to do the dirty work."

http://www.urbandictionary.com/define.php?term=Toadie

[ThunderclapNewman]

Gates isn't a Bush toady---although he did replace one.

He's a highly though of and very competent man who has served a number of presidents.

Speaking of toadies, have you looked in a mirror lately?

[gevan]

One supposes that anyone who has worked in the Bush administration who hasn't declared that waterboarding is torture (just about everyone) should be disqualified from ever working in any government where there are Americans in the neighborhood (within 500 feet).

[mommadona]

"However, a declaration the defense secretary made in a Washington, D.C. District Court filing Dec. 12 during the habeas review of Guantánamo prisoner Binyam Mohamed might make some rethink the trustworthy label. Mohamed's lawyer, Clive Stafford Smith, says that unless Gates retracts his statement, he could find himself accused of perjury."

It will be verrrry interesting to see how the young man from Illinois decided to spin this choice.

[Camm s]

He won't have to.

[TJCole]

War that is not truly defensive is always a Crime..!

[Ramirez]

Kumbaya

[rushthelibs]

Define defensive.

[Yermammy]

Good. Time to dump Gates, anyway. Wouldn't look too good when he's brought up as an accessory to War Crimes. It's going to happen, folks. Watch :)

[ReasonIsMyReligion]

I'm confused. What exactly is the exculpatory evidence being withheld, and how does defense counsel know there is some being withheld?

Per the full article, it appears that defense counsel is arguing that the statements of the defendent are exculpatory.

As a legal matter, I'm not seeing what any defendent says in his own defense, or even in a false confession, as "exculpatory."

Or is defense counsel looking for something they know exists that has not yet been provided, and again, that fits the definition of exculpatory?

As a secondary matter, how does defense counsel know Gates is lying? Sorry, I'm still lost. (Maybe someone's sandbagging Gates?)

Pardon me if I sound like I'm playing devil's advocate (all puns intended). I am not.

[tompoe]

War crimes are war crimes. Who thinks Gates' finely nuanced "following orders" defense works? Worse, what does this say about Obama's willingness to tolerate war criminals in his cabinet?

[keepemhonest]

tompoe -

Article says, "Stafford Smith said he was trying to evaluate whether the defense secretary had deliberately perjured himself, or had been misled."

Who reading this thread would EVER doubt the possibility that W's Administration would mislead even their OWN PEOPLE?

[cheerleaderBush]

Retaining Gates (and his hawkish and incompetent staff) will prove to be one of many bad decisions Obama makes. Desperate times require desperate means, and playing nice with the opposition (who will seize on each and every opportunity to knock the Obama administration down) is wasting valuable time.

Lying down with dogs will garner some fleas for Obama. Recycling consumer products is "change" this country and our environment needs, recycling politicians and failed policy wonks is "more of the same".

This country desperately needs "leadership" - and HONEST leadership that establishes sound/correct policy is infinitely MORE important than the window-dressing of so-called "bi-partisanship". Make the RIGHT policy decisions and the majority of the country and world will follow - regardless of their political affiliation.

[rogerse]

So what, the dems have already established perjury is not a crime

[Coinyer101]

the repubs made it popular.

[Coinyer101]

but, but, but, we need to reach across the aisle to the crooks?

[Rog49Thomas]

Perjury is a crime.

It's a known constitutional fact that Republican Administrations are immune from prosecution for crimes.

You could ask Nancy and Harry if you doubt my word.

[ReasonIsMyReligion]

Amen bro.

[shanefish]

No doubt, where's Wesley Clark anyway?

[Coinyer101]

i dont think he's eligible until some time next year. military personnel must be retired from service for 10 years to be considered civilian.