Guantánamo

  • Logout
  • Member Center

War court

Guantánamo Inc.? Oops

 

The Pentagon quietly removed a © Copyright symbol from its war court website after a lawyer pointed out that the government doesn’t own its publications. The people do.

crosenberg@miamiherald.com

Guantánamo Inc? Not so fast.

In the Pentagon’s zeal to rebrand its beleaguered war court in southeast Cuba, the lawyers who pioneered a nearly $500,000 new website went too far. They declared it copyrighted.

The Defense Department launched the site two weeks ago with a senior Pentagon official’s approval of the death penalty prosecution of a Guantánamo captive who allegedly orchestrated Al Qaeda’s 2000 suicide bombing of a US Navy destroyer off Yemen.

Just below pictures of Lady Liberty and Abe Lincoln on the homepage [www.mc.mil], the webmaster declared it copyrighted as of 2011, meaning its was protecting its contents by law.

But the label disappeared overnight Wednesday after a Yale Law School teacher, Eugene R. Fidell, wrote the webmaster that the government cannot copyright its own publications.

It’s banned by an 1895 statute, he said.

In an interview, Fidell said an exemption for “U.S. Government works outside the United States” clearly did not apply to the site, which is managed at the Pentagon’s Office of Military Commissions headquarters in Washington D.C.

Fidell, founding president of the National Institute of Military Justice, invoked the 2008 Supreme Court decision Boumediene v. Bush that lets Guantanamo captives challenge their military detention in civilian courts.

“If habeas applies, can the Copyright Act be far behind?” he said.

The Pentagon Office of Public Affairs describes the site it started 18 months ago with a $487,369 development contract as a work in progress. The Office of Military Commissions is still posting portions of the historical material, and has so far sealed up as secret 5 percent of the site’s documents — and deleted portions of many more.

The site is intended as a wide-ranging resource.

It’s packed with information for people who travel to the island to observe the trials, a comparison of today’s military commissions to traditional U.S. courts and links to legal precedents.

But it also skips some key controversies that have beleaguered the remote detention center’s military commissions in Cuba since President George W. Bush created the court in 2001. Some of it intentionally.

The Pentagon said in a statement that the curators decided to omit the Boumediene decision from the website’s “Significant U.S. Supreme Court Opinions,” because “Lakhdar Boumediene was never charged in a military commission.”

A federal court ordered Boumediene set free in 2009. He is now living in France but military defense lawyers invoke the opinion often to argue that Guantánamo captives have U.S. Constitutional rights; prosecutors argue they do not.

The site does, however, link to two other U.S. Supreme Court opinions named for now free Guantánamo detainees who were never charged at a commission — Rasul v. Bush and Hamdi v. Rumsfeld, named for Shafiq Rasul and Yaser Hamdi now living in Britain and Saudi Arabia respectively.

dealsaver
The Miami Herald: Subscribe now!

More from
Guantánamo

  •  

Navy Cmdr. Walter Ruiz, a military attorney, has defended Canadian Omar Khadr and Saudi Mustafa al Hawsawi at Guantanamo.

    US officials sought to testify in Gitmo 9/11 trial

    Defense teams in the Sept. 11 case at Guantanamo are asking a military judge to order senior U.S. government officials to testify at the U.S. base in Cuba as part of a motion to dismiss charges, a lawyer for one of the defendants said Tuesday.

  •  

In this June 4, 2009 file photo, Egyptian villagers watch a live broadcast of a speech by U.S. President Barack Obama is seen on screen at a coffee shop in Qena, south Cairo, Egypt when he was calling for a new beginning between the United States and Muslims in his speech delivered at Cairo University in Egypt. Many in the Mideast also would like to see Obama win a second term, though they feel he has not lived up to his Cairo speech, in which he extended a hand to the Islamic world by calling for an end to the cycle of suspicion and discord.

    Around world, Obama's presidency a disappointment

    In Europe, where more than 200,000 people thronged a Berlin rally in 2008 to hear Barack Obama speak, there's disappointment that he hasn't kept his promise to close the military prison at Guantánamo Bay, and perceptions that he's shunting blame for the financial crisis across the Atlantic.

  •  

Abu Zubaydah

    WAR COURT

    Trial sought for ‘high value’ Guantánamo prisoner

    Lawyers for a Palestinian man who has been identified by the Pentagon as one of its “high value detainees” at Guantánamo urged the government Thursday to finally charge the man, saying he deserves a chance to address accusations against him after 10 years in custody.

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

We have introduced a new commenting system called Disqus for our articles. This allows readers the option of signing in using their Facebook, Twitter, Disqus or existing MiamiHerald.com username and password.

Having problems? Read more about the commenting system on MiamiHerald.com.

Hide Comments

This affects comments on all stories.

Cancel OK
0 comments

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category