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Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

Published

10 months ago

April 29, 2025

Torture and Secret C.I.A. Prisons Haunt 9/11 Case in Judge’s Ruling

When a military judge threw out a defendant’s confession in the Sept. 11 case this month, he gave two main reasons.

The prisoner’s statements, the judge ruled, were obtained through the C.I.A.’s use of torture, including beatings and sleep deprivation.

But equally troubling to the judge was what happened to the prisoner in the years after his physical torture ended, when the agency held him in isolation and kept questioning him from 2003 to 2006.

The defendant, Ammar al-Baluchi, is accused of sending money and providing other support to some of the hijackers who carried out the terrorist attack, which killed 3,000 people. In court, Mr. Baluchi is charged as Ali Abdul Aziz Ali.

He is the nephew of Khalid Shaikh Mohammed, the man accused of masterminding the plot.

The judge, Col. Matthew N. McCall, wrote that it was easy to focus on the torture because it was “so absurdly far outside the norms of what is expected of U.S. custody preceding law enforcement questioning.”

“However,” he added, “the three and a half years of uncharged, incommunicado detention and essentially solitary confinement — all while being continually questioned and conditioned — is just as egregious” as the physical torture.

Prosecutors are preparing to appeal.

But the 111-page ruling was the latest blow to the government’s two-decade-old effort to hold death penalty trials at Guantánamo Bay by sweeping aside a legacy of state-sponsored torture.

Military judges in the two capital cases at Guantánamo have rejected the use of confessions taken from prisoners after they were in C.I.A. detention, illustrating the enduring stain of a Bush administration decision after Sept. 11, 2001, to interrogate and hide suspected members of Al Qaeda in black sites rather than use the court-monitored law enforcement system.

From his capture in Pakistan in early 2003 to his transfer to Guantánamo in 2006, Mr. Baluchi was kept out of the reach of lawyers, a court and the International Red Cross, according to evidence presented at years of pretrial hearings.

In his first days in custody, Mr. Baluchi was deprived of sleep for 82 straight hours. He was shackled at the ankles and the wrists in a way that forced him to stand, naked, with a hood on his head. He was made to fear he would be drowned in a mock waterboarding technique while he was in a dungeonlike setting in Afghanistan.

In time, he was shuttled between five overseas prisons, including in Eastern Europe. Food and clothing were used as rewards for his cooperation with C.I.A. debriefers in a program described in court by two psychologists who carried out some of the interrogations for the agency.

The judge referred to classified C.I.A. accounts showing that Mr. Baluchi was questioned about Al Qaeda and his role in the Sept. 11 attacks more than 1,000 times before he was transferred to Guantánamo. Then, in January 2007, the Bush administration adopted a concept called clean teams.

The idea was to have agents who had not been involved in previous interrogations question a suspect anew to try to obtain admissible evidence for a court case. In the case of Mr. Baluchi, three F.B.I. agents questioned him over four days at Guantánamo in January 2007, four months after he was transferred there from a black site.

The F.B.I. agents wrote a memo containing his confessions, which Judge McCall rejected on April 11 as illegally derived from torture.

Prosecutors had argued that Mr. Baluchi’s brutal interrogations lasted only a few days. For the next three years, they said, he gradually became less afraid of his captors and in time voluntarily answered questions from the C.I.A. debriefers and, later, from the F.B.I. questioners at Guantánamo.

The judge disagreed. “The goal of the program was to condition him through torture and other inhumane and coercive methods to become compliant during any government questioning,” he wrote. “The program worked.”

Uncertainty over whether the statements would be admissible was one reason the prosecutors sought to settle the case with guilty pleas in exchange for life sentences rather than through a death-penalty trial.

Mr. Baluchi and his lawyers never reached a plea agreement. But Mr. Mohammed and two other defendants did in a settlement that the Justice Department is now trying to overturn. If the courts uphold the deal and the plea goes forward, Mr. Mohammed has agreed to let prosecutors use portions of his 2007 interrogations at Guantánamo at a sentencing hearing.

Government lawyers have to meet a high bar in appealing to reinstate Mr. Baluchi’s 2007 statements. In January, the military commissions appeals court upheld a judge’s decision to throw out the same type of evidence in the U.S.S. Cole case, the longest-running capital case at Guantánamo Bay.

In it, the appellate panel endorsed the analysis of the judge in that case that the C.I.A. had “conditioned” its captives “to answer questions from United States government officials — be they debriefers, interrogators or interviewers.”

In his third month at Guantánamo, Mr. Baluchi reported to a medical staff member that guards had withheld water from him “for 48 hours because he wrote his name in his shower with steam,” the judge noted.

Court testimony showed that each former C.I.A. prisoner’s cell was equipped with an intercom and individual shower that required little contact with guards. So Mr. Baluchi was punished for writing his name in a place where only he, the guards and the prison’s surveillance system could see it.

Moves between black sites started with a cavity search, the judge said in a section that explained the process in detail. Mr. Baluchi was blindfolded, and his ears and mouth were covered to prevent him from hearing or communicating with others.

“He was diapered and then strapped into a seat or strapped to the floor like cargo for however long the flight lasted,” the judge recounted. The prisoner “did not know where he was going or how long he would have to remain in a soiled diaper.”

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How the federal government is painting immigrants as criminals on social media

Published

9 hours ago

February 27, 2026

Press Room

How the federal government is painting immigrants as criminals on social media

Getty Images, Dept. of Homeland Security and The White House via X/Collage by Emily Bogle/NPR

Two days after At Chandee, who goes by Ricky, was arrested by U.S. Immigration and Customs Enforcement, the White House’s X account posted about him, calling the 52-year-old the “WORST OF WORST” and a “CRIMINAL ILLEGAL ALIEN.”

Except that the photo the White House posted was of a different person. The post also incorrectly claimed Chandee had multiple felony convictions — he has one, for second-degree assault in 1993 when he was 18 years old. He shot two people in the legs and served three years in prison.

At “Ricky” Chandee with his wife, Tina Huynh-Chandee.

Via the Chandee family

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Via the Chandee family

Chandee, who came to the U.S. as a child refugee, was ordered to be deported back to his home country, Laos. But Laos had not been accepting all of the people the U.S. wanted it to, so the federal government determined that it was likely infeasible to deport him, his lawyer Linus Chan told NPR. Chandee therefore was granted permission to stay in the U.S. and work so long as he checked in with immigration authorities periodically. He has not missed a check-in in over 30 years and has not had another criminal incident.

People who know Chandee do not see him as “worst of the worst.”

After Chandee completed his prison sentence, he finished school and became an engineering technician. He worked for the City of Minneapolis for 26 years, became a father, and his son grew up to join the military.

In his free time, Chandee enjoys hiking and foraging for mushrooms, Minnesota Public Radio reported.

“We are proud to work alongside At ‘Ricky’ Chandee,” said Tim Sexton, Director of Public Works for the City of Minneapolis in a statement. “I don’t understand why he would be a target for removal now, why he was brutally detained and swiftly flown to Texas, or how his removal benefits our city or country.” Chandee is petitioning for his release in federal court.

Chandee’s case is not unique

Social media accounts from the White House, the Department of Homeland Security and other immigration agencies have spent much of the past year posting about people detained in the administration’s immigration crackdown, typically portraying them as hardened, violent criminals. That’s even as over 70% of the people detained don’t have criminal records according to ICE data.

NPR’s research of cases in Minnesota shows that while many of the people who have been highlighted on social media do have recent, serious criminal records, about a quarter are like Chandee, with decades-old convictions, minor offenses or only pending criminal proceedings. Scholars of immigration, media and criminal law say such a media campaign is unprecedented and paints a distorted picture of immigrants and crime.

A year into President Trump’s second term, the X accounts of DHS and ICE have posted about more than 2,000 people who were targets of mass deportation efforts. Starting late last March, DHS and ICE began posting on X on a near daily basis, often highlighting apprehensions of multiple people a day, an NPR review of government social media posts show.

Among the 2,000 people highlighted by the agencies, NPR identified 130 who were arrested by federal agents in Minnesota and tried to verify the government’s statements about their criminal histories.

In most of the social media posts, the government did not provide the state where the conviction occurred or the person’s age. Public court records do not tend to include photos so definitive identification can be a challenge.

NPR derived its findings from cases where it was able to locate a name and matching criminal history in the Minnesota court and detention system, in nationwide criminal history databases, sex offender databases, and in some cases, federal courts and other state courts.

In 19 of the 130 cases, roughly 1-in-7, public records show the most recent convictions were at least 20 years ago.

Seventeen of the 19 cases with old convictions did include violent crimes like homicide and first-degree sexual assault. ICE provided some of those names to Fox News as key examples of the agency’s accomplishments. “It’s the most disturbing list I’ve ever seen,” said Fox News reporter Bill Melugin on X, highlighting the criminal convictions of each person on the list.

For seven people, their only criminal history involved driving under the influence or disorderly conduct.

ICE agents approach a house before detaining two people in Minneapolis on Jan. 13.

Stephen Maturen/Getty Images

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Stephen Maturen/Getty Images

Six of the 130 Minnesota cases highlighted by the administration involved people with no criminal convictions. The government’s social media posts for those six instead rely upon the charges and arrests as evidence of their criminality, even though arrests don’t always lead to charges and charges can be dismissed.

In yet another case, the government highlighted a criminal charge even while noting it had been dismissed. (The person did have other existing convictions.)

For 37 of the 130 people, NPR was unable to confirm matching criminal history after consulting the databases and news coverage. Some of the names turned up no criminal history at all. The government said these people committed crimes ranging from homicide and assault to drug trafficking, and cited one by name to Fox News. NPR tried to reach out to all 37 people and their families for comment but did not receive a response from any.

In a statement to NPR, DHS’s chief spokesperson Lauren Bis did not dispute NPR’s findings or provide documentation where NPR wasn’t able to confirm matching criminal history.

“The fact that NPR is defending murderers and pedophiles is gross,” Bis wrote. “We hear far too much about criminals and not enough about their victims.” before listing four of the people with old convictions of homicide and sexual assault, underlining the date of deportation order for three of them.

Images designed to trigger emotion

The stream of social media posts with photos of mostly nonwhite people are meant to draw an emotional response, says Leo Chavez, an emeritus professor of anthropology at the University of California, Irvine. They “have been used repeatedly over and over to get people to buy into, really drastic, drastic and draconian actions and policies,” he said.

Chavez, whose most recent book is The Latino Threat: How Alarmist Rhetoric Misrepresents Immigrants, Citizens, and the Nation, recalls how political campaigns in past decades presented images of Latinos — often men — without context. “Just by showing their image, showing brown people, particularly brown men, it’s supposed to be scary.”

The fact that the government’s social media posts come with statements about criminal history as well as photos reinforces that emotional response, Chavez said. DHS has previously acknowledged inaccuracies on their website. But even if the department issues corrections, Chavez said, “the goal was actually achieved, which was to reinforce the criminality and the visualization.”

CNN’s analysis of DHS’s “Arrested: Worst of the Worst” website showed that for hundreds out of about 25,000 people posted on the website, the crimes listed were not violent felonies. Instead, DHS listed people with records that included traffic offenses, marijuana possession or illegal reentry. DHS said the website had a “glitch” that it will fix but also that the people in question “have [committed] additional crimes.”

“I’ve never seen anything like this when it comes to immigration enforcement in the modern era,” said Juliet Stumpf, a professor at Lewis & Clark Law School who studies the intersection of immigration and criminal law. She said the drumbeat of social media posts focused on specific individuals was like “FBI’s most wanted posters” or “like reality TV shows.”

Then-DHS Assistant Secretary for Public Affairs Tricia McLaughlin, flanked by deputy director of U.S. Immigration and Customs Enforcement Madison Sheahan (left), and Acting director of U.S. Immigration and Customs Enforcement Todd Lyons, speaks during a news conference at ICE Headquarters, in Washington, D.C., on May 21, 2025.

Jose Luis Magana/AP

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Jose Luis Magana/AP

Stumpf drew a parallel with an incident from the 1950s when the U.S. government deported two permanent residents suspected of being communists. “The government was kind of proclaiming and celebrating their deportation because getting rid of these communists was making the country safer,” said Stumpf, “Maybe that’s comparable to something like [this].”

An analysis by the Deportation Data Project shows a dramatic increase in arrests of noncitizens without criminal records during President Trump’s current term compared to President Biden’s term.

“If you look at research, immigrants actually tend to commit fewer crimes than even U.S. citizens do. And that’s true of immigrants who have lawful status here and immigrants who don’t,” said Stumpf. “If we have a number of social media posts that are painting immigrants as the worst of the worst…it’s actually really putting out a distorted version of reality about who immigrants actually are.”

Some claims are disputed by other authorities

In some posts, DHS and ICE have also used photos of people and statements about their criminal histories to burnish the federal government’s accomplishments, defend their agents and criticize states like Minnesota. State and local authorities have in turn pushed back, and some of the federal government’s claims about the people it has detained have been met with setbacks in the courts.

DHS accused Minnesota’s Cottonwood County of not honoring detainers, written requests by ICE to hold prisoners in custody for a period of time so ICE can pick them up. In one post, the agency identified a person who was charged with child sexual abuse, writing “This is who sanctuary city politicians and anti-ICE agitators are defending.”

The Cottonwood County sheriff’s office said DHS’s post “misrepresented the truth” in their own post on Facebook. According to their account, the county did honor the detainer but ICE said it was unable to pick up the person before the order expired and the county had to release the suspect.

The Minnesota Department of Corrections wrote in a blog post that dozens of people DHS listed on its “Worst of the Worst” website were not arrested as DHS described, but were transferred to ICE by the state because they were already in state custody. The Corrections Department has since launched a page dedicated to “correct the Department of Homeland Security’s (DHS) repeated false claims.”

The “Worst of the Worst” website has some overlap with the department’s social media posts, but it contains a much larger number of people — over 30,000 nationally. It included a Colombian soccer star who was extradited to the U.S., tried in Texas, convicted of drug trafficking and served time in federal prison. The website incorrectly describes him as being arrested in Wisconsin. The soccer player, Jhon Viáfara Mina, recently finished his sentence early and returned to Colombia, according to Spanish newspaper El Diario Vasco.

In some instances, DHS and ICE wrote about incidents where they ran into conflict when carrying out arrests. In those posts, they named the arrestees and posted their photos. But in one case where the incident went to court, the government’s account of the events shifted. After a federal agent shot Julio C. Sosa-Celis in Minneapolis in January, DHS claimed he was lodging a “violent attack on law enforcement.” Assault charges against Sosa-Celis fell apart in court as new evidence surfaced, and the officers involved were put on leave.

Despite the fact that the charges were dropped, DHS’s post profiling Sosa-Celis remains online.

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Bill Clinton to testify before House committee investigating Epstein links

Published

21 hours ago

February 27, 2026

Press Room

Bill Clinton to testify before House committee investigating Epstein links

Former president Bill Clinton is scheduled to give deposition Friday to a congressional committee investigating his links to Jeffrey Epstein, one day after Hillary Clinton testified before the committee and called the proceedings “partisan political theatre” and “an insult to the American people”.

During remarks before the House oversight committee, Hillary Clinton, the former secretary of state, insisted on Thursday that she had never met Epstein.

The former Democratic president, however, flew on Epstein’s private jet several times in the early 2000s but said he never visited his island.

Clinton, who engaged in an extramarital affair while president and has been accused of sexual misconduct by three women, also appears in a photo from the recently released files, in a hot tub with Epstein and a woman whose identity is redacted.

Clinton has denied the sexual misconduct claims and was not charged with any crimes. He also has not been accused of any wrongdoing connected to Epstein.

Epstein visited the White House at least 17 times during the early years of Clinton’s presidency, according to White House visitor records cited in news reports. Clinton said he cut ties with him around 2005, before the disgraced financier, who died from suicide in 2019, pleaded guilty to solicitation of a minor in Florida.

The House committee subpoenaed the Clintons in August. They initially refused to testify but agreed after Republicans threatened to hold them in contempt.

The Clintons asked for their depositions to be held publicly, with the former president stating that to do so behind closed doors would amount to a “kangaroo court”.

“Let’s stop the games + do this the right way: in a public hearing,” Clinton said on X earlier this month.

The committee’s chair, James Comer, did not grant their request, and the proceedings will be conducted behind closed doors with video to be released later.

On Thursday, Hillary Clinton’s proceedings were briefly halted after representative Lauren Boebert leaked an image of Clinton testifying.

During the full day deposition, Clinton said she had no information about Epstein and did not recall ever meeting him.

Before the deposition, Comer said it would be a long interview and that one with Bill Clinton would be “even longer”.

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Read Judge Schiltz’s Order

Published

1 day ago

February 26, 2026

Press Room

CASE 0:26-cv-00107-PJS-DLM

Doc. 12-1 Filed 02/26/26

Page 5 of 17

and to file a status update by 11:00 am on January 20. ECF No. 5. Respondents never provided a bond hearing and did not release Petitioner until January 21, ECF Nos. 10, 12, after failing to file an update, ECF No. 9. Further, Respondents released Petitioner subject to conditions despite the Court’s release order not providing for conditions. ECF Nos. 5, 12–13.

Abdi W. v. Trump, et al., Case No. 26-CV-00208 (KMM/SGE)

On January 21, 2026, the Court ordered Respondents, within 3 days, to either (a) complete Petitioner’s inspection and examination and file a notice confirming completion, or (b) release Petitioner immediately in Minnesota and confirm the date, time, and location of release. ECF No. 7. No notice was ever filed. The Court emailed counsel on January 27, 2026, at 10:39 am. No response was provided.

Adriana M.Y.M. v. David Easterwood, et al., Case No. 26-CV-213 (JWB/JFD)

On January 24, 2026, the Court ordered immediate release in Minnesota and ordered Respondents to confirm the time, date, and location of release, or anticipated release, within 48 hours. ECF No. 12. Respondent was not released until January 30, and Respondents never disclosed the time of release, instead describing it as “early this morning.” ECF No. 16.

Estefany J.S. v. Bondi, Case No. 26-CV-216 (JWB/SGE)

On January 13, 2026, at 10:59 am, the Court ordered Respondents to file a letter by 4:00 pm confirming Petitioner’s current location. ECF No. 8. After receiving no response, the Court ordered Respondents, at 5:11 pm, to immediately confirm Petitioner’s location and, by noon on January 14, file a memorandum explaining their failure to comply with the initial order. ECF No. 9. Respondents did not file the memorandum, requiring the Court to issue another order. ECF No. 12. On January 15, the Court ordered immediate release in Minnesota and required Respondents to confirm the time, date, and location of release within 48 hours. ECF No. 18. On January 20, having received no confirmation, the Court ordered Respondents to comply immediately. ECF No. 21. Respondents informed the Court that Petitioner was released in Minnesota on January 17, but did not specify the time. ECF No. 22.

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