The New York Times and other media outlets have major reports tonight on leaked classfied documents regarding Guantanamo detainees. You can view several of the leaked documents, courtesy of Wikileaks, here. the Times reports some of the leaked files pertain to detainee suicides.

[A] collection of secret detainee assessment files obtained by The New York Times reveal that the threat of suicide has created a chronic tension at the prison — a tactic frequently discussed by the captives and a constant fear for their captors.

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A judge is Spain has dismissed the lawsuit against Bush administration officials for torture of detainees.

Judge Eloy Velasco said in a four-page ruling issued Wednesday that the United States has told Spain the U.S. government is holding investigations of its own. Velasco said for this reason, Spain cannot apply its doctrine of universal jurisdiction, which holds that, under some circumstances, crimes allegedly committed in other countries can be prosecuted in Spain's National Court.

Here is the letter the Justice Department submitted to Spain outlining its ongoing investigation into the Bush Administration actions. The Center for Constitutional Rights responds here. CCR's webpage on the lawsuit is here.

Jeh Johnson, the General Counsel for the Department of Defense, is urging Congress not to rule out civilian trials of detainees.

Jeh (Jay) Johnson said a Republican bill to virtually remove the civilian option would make it more likely that courts would step in when detainees challenge their detentions. He testified Thursday before the House Armed Services Committee.

Carol Rosenberg at the Miami Herald has much more on new Republican efforts to prevent closing Gitmo:

But the focus was the Republican draft legislation that would further thwart Obama’s efforts to close the detention center in southeast Cuba. It also would give the defense secretary rather than the attorney general final say on keeping a detainee in military custody. The bill imposes such tough requirements on transfers of the last Guantánamo captives that Defense Secretary Robert Gates has said he might not be able to approve any release.

Best line from the hearing:

They turn Guantánamo Bay into the Hotel California,” said the top Democrat on the committee, Washington Rep. Adam Smith. “You can check out any time you want but you can never leave.”

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President Obama issued an executive order today clearing the way for more military commission trials at Guantanamo. The ACLU says Obama has now "institutionalized indefinite detention." It calls Obama's new review process "window dressing."

Here's the Order. Here's the administration's Fact Sheet. From Obama's statement. [More....]

Via the Center for Constitutional Rights: The full panel of Judges of the Audencia Nacional (Spain’s High Court) rejected a Spanish prosecutor’s effort to stop an investigation into the role of US officials for torture on Guantanamo.

This is a monumental decision that will enable a Spanish judge to continue a case on the “authorized and systematic plan of torture and ill treatment” by U.S. officials at Guantanamo. Geoffrey Miller, the former commanding officer at Guantánamo, has already been implicated, and the case will surely move up the chain of command. Since the U.S. government has not only failed to investigate the illegal actions of its own officials and, according to diplomatic cables released by WikiLeaks, also sought to interfere in the Spanish judicial process and stop the case from proceeding, this will be the first real investigation of the U.S. torture program. This is a victory for accountability and a blow against impunity. The Center for Constitutional Rights applauds the Spanish courts for not bowing to political pressure and for undertaking what may be the most important investigation in decades.

CCR's page on the Spanish lawsuits is here.

A federal judge has dismissed Jose Padilla's torture lawsuit against Donald Rumsfeld and Robert Gates saying he has no right to sue for money damages.

The ACLU says:

The court today held that Donald Rumsfeld is above the law and Jose Padilla is beneath it. But if the law does not protect Jose Padilla, it protects none of us, and the executive branch can simply label citizens enemies of the state and strip them of all rights — including the absolute right not to be tortured. If Jose Padilla is not allowed his day in court, nothing will prevent future administrations from engaging in similar abuses.

Jose Padilla is an American citizen. He was arrested on American soil. He is serving his 17 year sentence, imposed by a federal court, at Supermax in Colorado. The decision is here. [More...]

Awal Gul, a 48 year old detainee at Guantanamo, has died. The Pentagon says he suffered a heart attack in the shower after exercising on an elliptical machine. Its press release is here.

Gul is the 7th detainee to die at Guantanamo. Five committed suicide (according to the Pentagon) and one died of colon cancer

The Center for Constitutional Rights responds here. His public defenders, W. Matthew Dodge and Brian Mendelsohn, call the press release outrageous. Here's their statement: [More...]

The military commission trials at Guantanamo are gearing up. Next up: Feb. 14, United States vs. Noor Uthman.

Media reservation requests should be e-mailed to Tanya.bradsher-at-osd.mil. All requests must be received by 5 p.m. EST, February 4, 2011. Due to a limited number of seats aboard the flight and limited accommodations at Guantanamo Bay, media travel is not guaranteed.

One more day of 20 below weather and I might volunteer (Except I probably don't have the necessary security clearance.) No matter, Carole Rosenburg of the Miami Herald will be there and she does a great job of both reporting long style and tweeting the essential updates.

You can read about Noor Uthman's case here.

As predicted, President Obama has signed the defense funding authorization bill into law, issuing a signing statement that registered his objections but did not assert the provisions banning funding for the transfer of Guantanamo detainees was unconstitutional.

Despite my strong objection to these provisions, which my Administration has consistently opposed, I have signed this Act because of the importance of authorizing appropriations for, among other things, our military activities in 2011.

Nevertheless, my Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future.

Good luck with that. Once you give power to the Government, it rarely gives it back.

Human Rights First has issued this response. [More...]

Via Pro Publica: President Obama plans to include a signing statement in the funding bill passed by Congress pertaining to the restrictions on transfers of Guantanamo detainees.

The spending measure effectively bars the president from prosecuting any detainees in federal court or conducting military commission trials on U.S. soil. The bill makes it increasingly difficult to transfer detainees to foreign countries, even if the administration deems them safe to release. And it complicates the review process Obama plans in the executive order for nearly 50 detainees the administration has designated as too dangerous to free.

It's not clear whether his statement will express opposition to all of the provisions, or just some of them. Nor is it clear whether he will merely state his objection to the provisions or assert at least some unconstitutionally infringe on prosecutorial discretion, an executive power. [More...]

Truthout reports the White House is drafting an Executive Order for indefinite detention of terror suspects. President Obama is expected to sign it early next year.

[t]he order establishes indefinite detention as a long-term Obama administration policy and makes clear that the White House alone will manage a review process for those it chooses to hold without charge or trial.

Sounds pretty much like the Bush White House. I'm not impressed by these mostly cosmetic changes:

If signed by President Obama, the new order will provide added review for detainees designated for long-term detention. The order, which is being drafted jointly by White House staff in the National Security council and the White House counsel, will offer detainees in this category a minimal review every six months and then a more lengthy annual review. Detainees will have access to an attorney, to some evidence against them and the ability to challenge their continued detention.

Here's the summary of the new report of the Director of National Intelligence on the number of detainees released from Guantanamo who returned to terrorist associations and activities.

Since President Obama took office:

[O]f the 66 former Guantanamo detainees transferred since President Obama took office, “2 are confirmed and 3 are suspected of reengaging in terrorist or insurgent activities.”

Under former President Bush: [More...]