Unfortunately, the Senate is scheduled to vote Monday or Tuesday on the 2012 Defense Authorization bill with the horrible detainee provisions. The bill is a primer for indefinite military detention until the end of time, considering it encompasses more than al Qaida and the war on terror is endless. It gives the military total control over detainees.

Sen. Levin and McCain are pushing for a vote on new Amendments for Monday evening. The bill is S. 1867, introduced on Nov. 15. You can read or skim the 682 pages here. The detainee matters are in Subtitle D, starting on page 359 with Section 1031. They go through page 378 and Section 1037. The Congressional Record for Nov. 18 has the most recent events, including a statement by Sen. Levin as to why he thinks the Levin/McCain Amendment is more than fair and the Administration's objections are unfounded.

There are dozens of pending amendments, including the most important one by Colorado Sen. Mark Udall, who explains his amendment here [More...]

The White House is threatening to veto the defense spending bill over the House-Senate compromise on indefinite detention.

More here and here.

Congress passed a temporary funding bill today to avoid a government shutdown.

CBS News has a new report on the U.S. detention program at Bagram in Afghanistan:

Today, there are more than 3,000 detainees at Bagram, or five times the number (around 600) when President Barack Obama took office in January 2009. There are currently 18 times as many detainees at Bagram than at the U.S. military prison at the Guantanamo Bay, Cuba, naval base, whose prisoner population has dwindled from a peak of 780 to 170.

The military has changed the name of the facility to the Detention Facility in Parwan (DFIP).

DOD is now reviewing bids from contractors to expand the facility to house up to 5,500 detainees. The project is expected to cost another $25 to $100 million when it is completed by the end of 2012.

In May, 2011, Human Rights First published this report on Bagram, Detained and Denied in Afghanistan. At that time, their were 1,700 detainees at Bagram. "The Department of Defense won't release the names of its Bagram detainees or its reasons for holding them indefinitely."

Carol Rosenberg of McClatchy reports on the cost of housing inmates at Guantanamo in the Miami Herald. It costs $800,000 a year to house one detainee, according to a letter Eric Holder and Leon Pannetta sent Congress this summer. There are 171 detainees still at Guantanamo.

Congress, determined to keep Gitmo open, authorized provided $139 million for its operation last year. Why isn't it under consideration for part of the $1.5 trillion budget cut?

Condoleeza Rice has written a 734 page memoir of her time in the Bush Administration (first as National Security Adviser and then as Secretary of State.) The New York Times has an advance copy. It says she recounts her clashes with Dick Cheney, Alberto Gonzales and Rumsfeld. Rice describes the meeting with Cheney and Bush where Bush decided to move Khalid Sheikh Mohammed from an overseas secret prison to Guantanamo. As to Rumsfeld:

Ms. Rice writes that he tried to avoid such issues, at one point marching out of a meeting and saying, “I don’t do detainees.” [More...]

Three former detainees at Guantanamo and/or Afghan detention facilities, and one current Guantanamo detainee got a Canadian justice of the peace to file their lawsuit against George Bush alleging torture. A hearing date has been set for Jan. 12. The Complaint, called a Private Prosecution, and supporting sworn documents are here. The factual and legal basis for prosecuting Bush under the Canadian Criminal Code and Convention Against Torture begins on page 20.

The detainees are: Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz:

[E]ach endured years of inhumane treatment including beatings, chaining to cell walls, being hung from walls or ceilings while handcuffed, lack of access to toilets, sleep, food and water-deprivation, exposure to extreme temperatures, sensory overload and deprivation, and other horrific and illegal treatment while in U.S. custody at military bases in Afghanistan and/or at the detention facility at Guantánamo Bay.

More...

In Brussels, Attorney General Eric Holder said Obama remains committed to closing Guantanamo despite Republican opposition. If he doesn't get it done before the election, he'll keep trying after.

"We will be pressing for the closure of the facility between now and then - and after that election, we will try to close it as well," Holder said. "Some people have made this a political issue without looking at, I think, the real benefits that would flow from the closure of the facility."

He also said there will be no return to harsh interrogation techniques/torture:

Holder also said that the United States would stick to the "fundamental break" with some interrogation techniques that were criticized around the world as amounting to torture...."We have indicated that certain techniques that were used previously are in fact torture, and will not be engaged in again by the United States," Holder said.

A lawsuit between two private contracting companies that transported detainees between the U.S., Guantanamo and secret black-hole overseas prisons has revealed major new details about the Government's secret rendition program under George W. Bush and Dick Cheney.

The company is DynCorp, now known as Dyncorp Internatiobal.[More...]

Ahmed Abdulkadir Warsame, a Somalian man indicted in New York today was held for two months and interrogated on a U.S. Navy ship. The Obama Administration describes him as a militant with ties to AQAP and al Shabab, and says he was designated an "important target." My translation: He was on the kill or capture list and we decided to go for capture rather than kill this time. Next time could be different.

Obama officials say the new policy of holding detainees for interrogation on Navy Ships is much different than the previous Bush policy. The interrogations are more humane and they get Miranda warnings...after being interrogated. [More...]

The White House released this statement yesterday about its position on the House bill for Homeland Security funding. (H.R. 2017.)It strongly objects to the provision limiting funds for the transfer of detainees, calling the restrictions "a dangerous and extraordinary challenge to critical Executive branch authority."

The Administration also has a number of serious constitutional concerns. The Administration strongly objects to the provisions of section 537 that limit the use of funds to transfer detainees and otherwise restrict detainee transfers.

[More...]

Detainee Hajji Nassim, aka Inayatullah, committed suicide at Guantanamo yesterday. He is the sixth detainee to kill himself at Guantanamo.

He was captured in Afghanistan and sent to Guantanamo in 2007. He was represented by the Federal Defenders of Miami, who say at one point they arranged for a civilian psychiatrist to visit him.

Wikileaks has no documents on him, but his the pleadings in his habeas case, available on PACER, (Case No. 09-cv-01332-HHK) detail more than 60 interrogations, the first of which was on September 13, 2007. He was an Afghan national who co-owned a cell phone store in Iran. He was suspected of providing safe housing and/or transit from Iran to Pakistan to Turk/al Qaeda fighters. On one occasion he may have delivered a message. He had a wife and six children. He was very concerned about his brother Hidayatullah who he thought was imprisoned at Bagram. [More...]

McClatchy's Carol Rosenberg and Tom Lasseter have an analysis of the new Guantanamo documents released by Wikileaks to various news organizations. Shorter version: Bush and Rumsfeld's detention and interrogation policies were a flub.

a collection of secret intelligence documents from George W. Bush's administration, not meant to surface for 20 years, shows that the military's efforts at Guantánamo often were much less effective than the government has acknowledged. Viewed as a whole, the secret intelligence summaries help explain why in May 2009 President Barack Obama, after ordering his own review of wartime intelligence, called America's experiment at Guantánamo "quite simply a mess."

The information from detainee-informants was unreliable. [More...]