A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit has ruled that War on Terra prisoner Belkacem Bensayah cannot be considered a “part” of Al Qaeda, based on the “evidence” the government presented against him.
The 17-page opinion, written by Judge Douglas H. Ginsburg, was declassified on July 1. Like the recent order from Judge Henry Kennedy commanding the release of War on Terra prisoner Mohamed Mohamed Hassan Odaini (see here and here), significant portions of Ginsburg’s opinion have been “redacted.” And also like Kennedy’s order, those redacted portions reference information provided by Abu Zubaydah.
Zubaydah is the Original Sin of the War on Terra. Zubaydah is a grievously mentally ill man who, shortly after he was taken into custody in March of 2002, was dubbed by the FBI’s premier expert on Al Qaeda as “insane, certifiable, split personality.”
Acknowledged by top officials at both the FBI and the CIA as a mentally damaged nobody, Zubaydah was nonetheless waterboarded and otherwise tortured on hundreds of occasions. During which, in his agony, he would “speak of plots of every variety—against shopping malls, banks, supermarkets, water systems, nuclear plants, apartment buildings, the Brooklyn Bridge, the Statue of Liberty,” causing “thousands of uniformed men and women [to] race in a panic to each target,” and ensuring the continued incarceration of untold innocents like Bensayah and Odaini.
Ginsburg’s opinion, like Kennedy’s, indicates that men and women of the law (before whom this nation’s War on Terra cases have at last landed), once they are confronted with Zubaydah, his treatment, and his “testimony,” will lend his words little or no weight whatsoever.
Ginsburg is no wild-eyed “liberal activist” judge. In 1987 he was selected by President Ronald Reagan to sit on the United States Supreme Court. His nomination was withdrawn only after the Puritans recoiled at the news that he had occasionally smoked marijuana with his students at Harvard.
That judges from all over the political spectrum are refusing to credit tales torn from Zubaydah by torture leads inevitably to that day when the US government must admit that with Zubaydah it mortally erred.
Until, as Sinead O’Connor recently said of the Holy Father and his hierophants, it will be required that, in some secular and metaphorical manner, they “get on their knees and confess the full truth in the same language they make us use in Mass. They need to get on their knees, open everything up, be transparent, tell the truth, ask the people for forgiveness and prayers. That confession is their only hope of survival into the 21st century. It’s a rickety bridge, but it is a bridge. And personally, I would be willing to bring them across that little bridge into the 21st century, and help them.”