[000:00:00;00] the the, the called the google drive, our time, the detention facilities and the guantanamo bay naval base has been the facility where the us department of defense has detained and interrogated. whereas redeemed extra ordinary dangerous people and to prosecute them for war crime. i'm sure i know who use it. on this edition of $360.00 view, we're going to look at whether the united states can justify the continued

operations of the military prison at get. now let's get started. the united states presents in guantanamo bay, begin in 1898, following the spanish american war. and then 19 o 3. the united states designated its land in cuba as a naval station. the following, the terrorist attacks and new york city in washington dc on september 11th, 2001 united states opened a military prison in guantanamo bay. cuba to hold suspected terrorist. now since 2002, 779 men had been brought to the detention facilities, had guantanamo bay. the largest group were from afghanistan with saudi arabia and germany's running the top 3 of the 50 nationalities represented of the currently,

many of the 779 men have either been released, transferred or died, leaving only 30 men currently residing in the facility. many of these men are deemed forever prisoners because the state department cannot find a single country in the world who would be willing to receive even those men who have been cleared for release. why? well, because these men, despite never being officially charged due to the gridlock, what is happening with the 911 trial are suspected to still have been involved in some way with a terrorist organization. in fact, according to the most recent statistics from the office of the director of national intelligence, 204 of the 676 released detainees, are there confirmed to re engage or a suspected of re engaging interiors activities. however, only age men held in guantanamo had been convicted, and 4 of those convictions had been reversed. no resistance to closing the facilities. a get mail has been mainly republican lead. and despite some minor

actions being taken by democrats, when they controlled the oval office, none have made the actual move to completely close the facility. is this because those elected office like courage? or don't see the facility which was dominated the headlines as a priority? let's discuss with our panel steve gil, host of the steve gail show, and political commentator as well as any worthington who was an investigative journalist. thank you so much for joining me, gentlemen. and i want to start with you should the united states still maintain the base of the detention center at guantanamo bay as well? now, of course, most, i mean, even president bush and a 2nd time recognizing that they've been a mistake. it should've been close to a long, long time ago. obviously, president obama made efforts to do so that was significant. republican pushed back . it's just such a great shame that is still open because it is a legal, moral, and ethical, abomination. and

a great shame for the united states every day that it so well, steve, there has been questions regarding the prisoners, i guess. now almost as it's origination, you actually were there in 2005 as a guest. then secretary of defense, donald rumsfeld in the department of defense almost 20 years later. do you believe you were actually given a true look at the facility at that time? or were you just showing the image the di or do you want it? americans to see i think i saw exactly what was there and what, what we were seeing from the media at that time where these pictures of, of the grassy fence lines and outdoor facilities, what in reality it was the most modern and present in facility in the world uh, so what the media were showing was dramatically different than what we were actually seeing in terms of the, the conditions and the treatment of the, of the chinese and others. i do think that it's a moral ethical, top conundrum of what you do. now that you've had them, how do you let them go and nobody wants to take them?

how do you let them go when they are highest of likelihood of recidivism back into the terrorism, the activities that got them there in the 1st place. and then the challenge is you can't really bring them to the lighted states where they are going to be subject to the protections of the constitution. if you're going to have a military tribunals, you have to do it somewhere and liked it, or not get most about the only location. well, that's the thing in the, you know, you mentioned that she said that it should probably never been opened in the 1st place. where and you suspect these sorts of suspect a terrorist? possibly even the trial is to go along with them. we're sure. where should they be held and where should we hold these prisoners? do you want to put them amongst the civilian population in american prisons to? well, 1st of all, i must stress that of the sides. the men still held 16 of them have been unanimously approved for release by high level us government review processes. the reason that they haven't been framed yes is because of the political difficulty of finding countries that will take them. but it's not,

as you mentioned in your introduction because of any associations with terrorism that are attached to these man, that's simply not the case. um i, i obviously agree that we all have a problem with what to do with the 9 men who are currently facing challenges. i think 2 of them agreeing to a plea deal, which means that we buy security y'all. we've got that set 6 or 7 man holding $4.10 a month. so 5, many keys of involvement in the 911 trials, one man accused of involvement in the us as co attacked into size. and the question of what to do with these man is the, is the really sticky? well, you know, everyone out series have that ready really should be really. now the problem is that the manager commissions that was set up to try these man and change it to the use of torture. these men were all told you and then say black sides. and the problem is, i told you is incompatible with the proceeds of justice. and i think what we've

seen with these trials is that they just go round and round and round. and as they, they never reach on please. you know, this is a, this is profoundly shameful for everyone involved now least of all the families and relatives of the 911 victims who are receiving no closure. logistics. so i think the only way to basis for that to be some kind of plea deal whereby these man uh, made to what they uh accused. though we would find you to get the truth now why they would continues to be how, but would be handled under circumstances where they treated appropriately. and then you know, these are aging man with a physical and mental health problems that are not able to be adequately interesting. guantanamo, and i think it would be, you know, it would be appropriate to see these things taken place as a way of bringing things to a conclusion at one time. but i don't know whether we're going to see that because it, so it remains so politically talk soon. but particularly,

i think for republicans, but you know, for some democrats as well. well, any, i've got a, i've got a follow up with word few question about. if there is nothing concerning about these men, why aren't these other countries willing to take the why, why would they country, why would these other countries say no, keep them out of my borders? oh, i think the, the, the have been their ongoing discussions between the state departments in various those countries. i think the reason that nothing has happened yet is because it's products, it can be difficult for the buying, i ministration to buy ministration. you know, there is almost no majority anywhere within the us congress. the lines, the democrats to behave in a way that they don't have to constantly look over the shoulders as to what the republicans are going to do. and because they've republicans and may guantanamo such a toxic issue, and then it's problematic the moment to do something that will give them an opportunity to lead from the, by the administration. and suggest that the,

you know, multi hobbling terrace when what they're trying to do, as i find today is release and fine view home. so many we've been unanimously approved for our lease. so it is, i think, an issue. i don't think there's anything more to stave for a couple of things. first of all, when you are capturing terrorist on the battlefield, you don't have the opportunity to prove that yellow police tape gather evidence, you know, take witness statements and, and prove a case like you would in a normal court of law. so some of these guys that are denying that they have anything to do with that, with terrorism or planning or anything else. it's not a matter that they didn't, it's a matter of. can you prove it based upon how they were, you know, detained or, or captured in the 1st place? there was one of the episodes that were described to me when i was in guantanamo bay, that there was one of the so called terrorist that was about to be released and, and as he was signing his those papers to leave all of a sudden he reach down for his reading glasses and one of the quick thinking

soldiers observing said wait a bit, the lower level, the drivers and guys that were cleaning out the stalls of, of the animals were wearing reading glasses. so they ran him back through the scrutiny. and it turns out he was much higher actor in the process than then they thought at that time based upon the difficulty of, of proving anything. i think the other thing is when you have have these folks that the fear and it's not just republicans, i think democrats as well that when they are released they go back out, go back into the practice of terrorism and it doesn't matter if it's 30 percent 40 percent, 50 percent, every deaf after you left, that guy go is blood on the hands of those who approved it and released that and i think it's, it's not necessarily i think the democrats be, or what the republicans might do next is what they fear. the terrorist might do next. that would be blamed on them. well, a steve and your former life. i know that you are an attorney, so i have to ask you, what rights do these prisoners have?

they are obviously from other countries and majority of them here in the united states, not saying you know, that what, what are they guaranteed? well, that's why the big challenge is once you let them step, but in the united states, start going through the court process and the us in, in most cases they're going to be granted the protection because of the constitution, even if they perform their terrorist activities. you know, somewhere else around the world, that's been one of the justifications for having military tribunals which have been historically how these kinds of situations have been handled, you know, for, for century. so you don't bring them in to the typical court of law. because that, that opens up a whole pandora's box of what rights should they get? what rights are they entitled to? and how will they abuse those rights? keep in mind again when i was in the, on the side of the page that the soldiers, there were not wearing their name tags on their uniforms because of, in some cases the attorneys are these terrorists were getting the names of those

that were the jailers. and then somehow they were, they were getting identified and they were getting threatened. so the soldiers couldn't even wear their name tags when they were at guantanamo bay for fear the rest themselves and their families. these are very difficult, a difficult and different set of defendants than any else in the world, including anywhere here in the united states. well, and, and the, i'm going to ask you now that the united states supposedly, is out of iraq and afghanistan, at least officially does the us still have jurisdiction to hold prisoners from the region. well, clearly it shouldn't, but you know, i mean there was so many issues going on. yeah. i mean, you know, no one isn't any day that the small number of the people how to guantanamo been associated with terrace. in many other cases, the people that were sent to go and turn them. uh, what about foot soldiers? they were not tyrus in any sense. they had gone jock, gattis them to fight with the taliban. against them. the lines, the full,

the $911.00 to the text. and afterwards they were swept up. and so many of these people along with, you know, a lot of completely innocent people rented that by mistake, ended up before and time them. so a soldiers they should have long ago been released and a because the conflict with which they would seize. i jumped to an end, but especially following the withdrawal of the united states from afghanistan. and they should be the problem is that the position that's taken by, you know, parts of the administration and, and parts of the united states government is that is the associations that these man allegedly had with outside the persist even though the, how soon does it come to an end. so you know, these are claims that they stayed in and out. how you doing affiliated, guess times 20 wrong, 2223 years ago, which i was supposed to justify carrying on holding that. i think that that said simply intolerable. and i think that it, you know,

it is part of the problem. but that is involved with the establishment of guantanamo in the 1st place. where what the united states did so fundamentally wrong me was to insist that they could hold people without charging the trial. um, with us any rights whatsoever. and failing to recognize that the only 2 ways of depriving people of liberty lawfully is to judge them with a crime and put them on trial or hold them as the prisoners of war and to the geneva conventions. so trans, 2 years on we still stuck with this foundational problem of what kind of this was a prison established, a strict people of that, right? so i must say that you know, those 60 men who are awaiting release and they've been waiting for years. and the reason they haven't been for you, it is because of the decisions, but would take them to release and were purely administered. in other words, the lower is not involved. they cannot go before a judge to ask why it sees the united states that it no longer wants to hold them

any still during so they are exec, essentially, prisoners of the executive. and you know, and i have to say that the shameful thing, after 22 years is the prison, with the man who wrote there a big deal of the beginning. what brought there explicitly to be held with that rights is a place west spill man, that the united states state says that it doesn't want to, i'll still remain as fundamentally with that rights as they went on the day with the police. and you know, and that's, that's just shameful and that there's no way of dress bring it up in any other way . that is just shape. there is a single stave, and i appreciate you both and being on hold right there. did you know there is a tie between a recent contender for president and the death of 3 inmates at guantanamo bay? well,

let's take deeper after the break with our panels. the hi. i'm receptive and i'm here to plan with you whatever you do. do not watch my new show. seriously. why watch something that's so different. whitelisted opinions that he won't get anywhere else. welcome to please or do the have the state department, the c i a weapons, bankers, multi 1000000000 dollar corporations. choose your facts for you. go ahead. change and whatever you do, don't watch my show state main street because i'm probably going to make you comfortable. my show is called stretching time. but again, you probably don't want to watch it because it might just change the way inside

the the analysis. but that should let you think, he said that then yes ma'am. so facade, indeed. and therefore the window at assuming that the to look into intermedia nikoto is the dimensions of the photo from seen. send the most of the to

d today at the most in the ok. welcome back on scale hughes and you are watching the 360 the, the worst loss of life. the detention facility occurred in june of 2006. this is $1.00 to $3.00 inmates were found hanging from their necks, with hands and feet bound with rags in their throats it 27 year old. a member of the judge advocate, general corps, and the most junior jag and the camp was assigned to start collecting the additional evidence, which would later be used in the investigation. that officer lieutenant ron de santis. and what he collected and saw would later be used to concur with the base commanders assessment that the 3 prisoners had killed themselves as an active, a symmetrical warfare wage against the us. we are back and going to

continue our discussion about the relevancy of the detention facilities ad guantanamo bay with steve gil hosted steve gill show and take a computer and eddie worthington, who was an investigative journalist. so you want me to start with you the segment because advocates for those being held at guantanamo bay, say that there are some inconsistencies and contradictions with that specific case of the death of the 3 prisoners. due to the governor, randa santas would have been successful in his quest for the g o p nomination. this could have been made an issue for him. i think it would have certainly deserved the 2nd, but yeah, my thought is you were describing that as did the did run the also investigator jeffery epstein. jeff, in the, in new york president, just on its face the terms of, of that the investigation sound sounds a little weak and again, it sounds like a top down ordered investigation rather than a real thorough investigation. well, andy, now to the present time, do you actually think the entire facility should be shut down? or you can you find any purpose for it in the future?

no, i mean that i can find no purpose for its existence and that i think, you know, the fact that no prison that has been sent to gwen's itemize the spring of 2 guys and the night is pretty resigned and signed. really. if i am a power, what about id, right was, you know, we had 4 years of donald trump. we started off and seized the asked if he's saying that he wants to send men that you know, and even with the people surrounding him, you know, who, who long would have sold what sympathetic to have to. he is a drive to, to expand. guantanamo fairly tough. with bad guys, obviously, the way it became time was that was, that was sensible, was, this is a failed, failed institution. it's a file of experiments. it has, it isn't able to deliver justice to people. i only have it done. so as it's histories deliver various forms of children and views,

which have been proven embarrassing the united states government. so i think it's absolutely time for it to close. as i mentioned earlier, the problem is not so much the men who have been approved for at least these men should be freed and they should be free this quickly as possible. the problem is the man who have been charged with serious taxes terrace, of which they are a handful of man and the trial system that is supposed to begin to bring justice to them is broken. and so the question is, what happens to these man? now, you know, i think we can all remember back in president obama's 1st time in office. there was a proposal to bring these men to a federal court and this of, and knew why they would be prosecute. and the bottom uh, unfortunately i think backed away from that and the, and the huge amount of public interest is pushing them back in guantanamo where this marriage commission system doesn't. what so, i mean,

is it possible that we would eventually end up with some kind of leadership that will be prepared to say, let's bring these men to uh, to the united states, mainland, to prosecute them letters and the story. that's the only other way that the story ends, other than, as i said, you know, the 3 deals that have been discussed for several years now. with these main bo reality as it is not, which is bad and nothing happens. the warehouse in guantanamo, the rest of that lives. they get more ill and not looked at that. and you know, at some point down the line may be decades. now, the last of these people are going to animals who just this was never, didn't leave it in any way. you know, die, and the, i'm, the person is ok. i mean, those are the options as far as like. well, andy, you know, i kids, overman does not necessarily agree with you that needs to be shut down. in fact, he says he believe trump should be arrested, and he should be detained and get him out. let's take

a lesson. if he is not on the presidential ballot in november to chaos and bedlam, his lawyers have told the supreme court, that is what will ensue if it does not do what he says. trump passed caustically threatened. the supreme court of the united states, it is time detained him and send him to get mo, like any other terrorist. that's the, oh steve, could we ever see a time when it get mo, could house domestic criminals like as business bait? like accuse trump or even those who have been convicted for their part in january 6th, which by the way, in modern times are kind of at the same place as those presenters and get low who's been there for so long. they haven't been charged or convicted either yet. they're american citizens a. yeah. and they're facing jail time with no, they all relatively trespassing at the, at the capital is the video now share those the capitol hill, police waving them in the opening. the doors on locking them, so i think there is

a valid comparison to the mistreatment alleged at guantanamo bay, and the actual mistreatment of the january 6th set prisoners who, again, being held without bail for years is, is that certainly an affront? the justice. i think he's all permit needs to be careful though, if uh, uh, threatening the kind of attacks on the supreme court that he mentioned apply to being detained. to get bo, then they need to make some room for chuck schumer, nancy pelosi instead of the other democrats who made the same kind of threats towards the supreme court justices when they don't like the rulings that they issue . i think the only thing you can really use one time of day going forward is if you just develop an actual system of these military tribunals to try not just put soldiers is and you mentioned. but, but those are actually the leaders, the perpetrators, the planners, that the funders of terrorist attacks around the world. but i don't know that that's in the offing, or that they can still get through the minutia of what you have to deal with for

military tribunals to be conducted in a way that would be seen as a fair, transparent, reasonable, as, as justice and, and with respect to some of the, the torture that are in the reference. i would agree with him that you don't use torture is a polish, but you don't use it as a means of, of getting called just as the only justification is if you're using harsh questioning to prevent the big terror attacks. and if, if water boarding can prevent the death of hundreds or thousands that i think most people would say that's justified if you're doing it just to hurt them and punish them. that's not interesting. so andy and our final last last 2 minutes. do you think the remaining prisoners a get mail? are you optimistic that they're ever going to be given a fair trial, or they're just going to be detained in? definitely. yeah, i mean, i'm not sure. i mean, you know, as i was saying the day on the options, it seems to me that there's a plea deal which involves and not being able to stay at one time on an old o efforts and made to bring them to the us main line. i'm, i must say,

and you know, just in terms of um, prosecuting terrorism be the other thing that's very clear throughout the whole of these 22 years. and it was evident throughout the whole of the bush administration . was that if you want to successfully prosecute people accused of the terrace and the federal court. so the way to do there have been hundreds of successful prosecutions of terrorism in the federal courts. them since $911.00. and they've carried on to every administration. those other ways that, and from that terrorism shouldn't be prosecuted, and the failure to do so at guantanamo is just one most sign of the, of the absolute failure of the low end of justice when it comes to that facility. you know, and all of these uh, such compelling reasons for why it should never have been open then and really everything that it's possible to do to bring it to an end is absolutely necessary

or anywhere thing to steve gayle. thank you so much for joining us. we will see what the future holds for getting a possibly in the next administration. with a less than a month in office, present obama and attempt to fulfill a 2008 campaign promise. rushed to free 19 detainees from the prison at guantanamo bay. now 6 of these prisoners were released here away a country which is proven to be a terraced haven as their laws actually prohibit the monitoring this to right and surveilling and opposing travel restrict since august hayes, all because of their refugee status. now, with the current crisis happening at the southern border of the united states and the lack of accountability of knowing who exactly is coming into this country, it is not unreasonable to ask, could americans not only be letting terrace across the border, but more importantly, terrorist who had a known grievance against the united states because of actions which might have been committed to them. why detained in question to get now,

we might never know the truth about what actually happened to the prisoners i get now. but considering the reinstatement of those released prisoners had been linked back to the death of american soldiers. does this prove some in the american government value, the treatment of terrorist over the safety of their own citizens? i'd say now here's, and this has been at your 360 view of the news affecting you. thanks for watching

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