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

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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.

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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.

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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.

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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.

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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.

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“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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US oil refiners gear up for comeback of Venezuelan crude

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US oil refiners gear up for comeback of Venezuelan crude

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US refiners are braced for a surge in Venezuelan crude that would make them early winners of President Donald Trump’s extraordinary plans for an energy-led regime change in Caracas.

Shares in America’s top refining groups jumped on Monday as traders bet their US Gulf Coast operations could snap up big volumes of Venezuelan heavy crude as Washington looks to ease sanctions and revive production.

Valero, the biggest US importer of Venezuelan crude, closed 9 per cent higher. Phillips 66 added 7 per cent and Marathon Petroleum 6 per cent. 

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“Our refineries in the Gulf Coast of the United States are the best in terms of refining the heavy crude,” said US secretary of state Marco Rubio on Sunday. “I think there will be tremendous demand and interest from private industry if given the space to do it.”

Trump this weekend touted the “tremendous amount of wealth” that could be generated by American oil companies returning to Venezuela’s oil sector after US forces captured President Nicolás Maduro and transported him to the US to face trial on drug-trafficking charges. 

That has sparked a burst of interest among energy investors keen to return to Venezuela — home to the biggest oil reserves in the world — decades after expropriations by Caracas led most to abandon the country. 

A flurry of executives was expected to arrive in Miami on Tuesday, where US energy secretary Chris Wright will pitch the benefits of channelling billions of dollars into reviving Venezuelan oil output, which has fallen from 3.7mn barrels a day in 1970 to less than 1mn b/d today as a result of chronic mismanagement, corruption and sanctions. 

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While any investment by US companies in rejuvenating Venezuelan oil production could take time, Gulf Coast refiners are well positioned to hoover up crude shipments as soon as sanctions are eased and more import permits are granted, something analysts say could happen quickly. 

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“Near-term, Gulf Coast refiners could be among the biggest winners of shifts that could occur here,” said Dylan White, principal analyst for North American crude markets at consultancy Wood Mackenzie. 

“The investment side of the coin in Venezuela is much more slow moving. It’s turning a very slow ship and it involves high-level decisions from a number of companies,” he said. “[But] sanctions policy changing in the US could change the economic benefits for US Gulf Coast refiners tomorrow.”

American refiners and traders import about 100,000-200,000 b/d of Venezuelan crude, down from 1.4mn b/d in 1997. Under current US sanctions, Chevron is the only American producer allowed to operate in the country and imports of Venezuelan crude are heavily restricted.

As much as 80 per cent of Venezuelan exports had been bound for China before the US imposed a naval embargo last month. Much of that could be quickly rerouted to the US if sanctions were lifted.

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“The natural proximal home for a lot of those Venezuelan heavy barrels would be the refining complex of the US Gulf Coast,” said Clayton Seigle, senior fellow at the Center for Strategic and International Studies, adding that the fact that the facilities were equipped to process Venezuelan heavy oil could explain “some of the short-term stock market reactions that we observed”.

Valero, Philips 66 and Marathon did not respond to requests for comment on their plans.

US refineries were largely set up before the shale revolution made America the world’s biggest oil producer. Almost 70 per cent of US refining capacity is designed primarily to handle the heavy grades common in Venezuela, Canada and Mexico rather than the light, sweet variety found in Texas oilfields, according to the American Fuel and Petrochemical Manufacturers.

Consultancy S&P Global Energy estimates that from 1990 to 2010, US refiners spent about $100bn on heavy crude processing capabilities, just before the fracking boom sent American production soaring.

“This finally gets some of the [return on investment] back,” said Debnil Chowdhury, Americas head of refining and marketing at S&P, of the potential for a return to significant imports of Venezuelan heavy oil.

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“We had a system that was kind of running de-optimised for the last 10-15 years. And this allows it to get a little bit closer to what it was designed for — which means slightly higher yields, higher margins.

“You get to basically use your asset more how it was designed because you’re getting the feedstock it was designed for.”

Data visualisation by Eva Xiao in New York

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Maduro seized, norms tested: Security Council divided as Venezuela crisis deepens

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Maduro seized, norms tested: Security Council divided as Venezuela crisis deepens

Why it matters: Council members are split over whether Washington’s move upholds accountability – or undermines a foundational principle of international order.  

Some delegations argue the action was exceptional and justified; others warn it risks normalising unilateral force and eroding state sovereignty.

Setting the tone, the UN Secretary-General cautioned that international peace and security rest on all Member States adhering to the UN Charter – language that framed a debate likely to expose deep and lasting divisions inside the chamber in New York – all as the Venezuelan leader appeared in a downtown federal courtroom just a few miles away.

US Ambassador Michael Waltz addresses the Security Council.

US: Law-enforcement operation, not war

The United States rejected characterisations of its actions as military aggression, describing the operation as a targeted law enforcement measure facilitated by the military to arrest an indicted fugitive.

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Ambassador Michael Waltz said:

  • Nicolás Maduro is not a legitimate head of State following disputed 2024 elections.
  • Saturday’s operation was necessary to combat narcotics trafficking and transnational organised crime threatening US and regional security.
  • Historical precedents exist, including the 1989 arrest of Panama’s former leader Manuel Noriega.

“There is no war against Venezuela or its people. We are not occupying a country,” he said. “This was a law-enforcement operation in furtherance of lawful indictments that have existed for decades.”

Venezuelan Ambassador Samuel Moncada addresses the Security Council meeting.

Venezuelan Ambassador Samuel Moncada addresses the Security Council.

Venezuela: Sovereignty violated; a dangerous precedent

Venezuelan Ambassador Samuel Moncada described his country as the target of an illegitimate armed attack lacking any legal justification, accusing the US of bombing Venezuelan territory, the loss of civilian and military lives, and the “kidnapping” of President Nicolás Maduro and First Lady Cilia Flores.

“We cannot ignore a central element of this US aggression,” he said. “Venezuela is the victim of these attacks because of its natural resources.”

Calling on the Council to act under its Charter mandate, he urged that:

  • The US be required to respect the immunities of the president and his wife and ensure their immediate release and safe return;
  • The use of force against Venezuela be clearly and unequivocally condemned;
  • The principle of non-acquisition of territory or resources by force be reaffirmed; and
  • Measures be adopted to de-escalate tensions, protect civilians and restore respect for international law.

Article 2 of the UN Charter in a nutshell

The ground rules for global cooperation 

Article 2 lays out the core principles that guide how countries work together under the United Nations. Here’s what it means:

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  • Equality for all nations: Every Member State, big or small, is treated as an equal.
  • Keep your promises: Countries must honour the commitments they made when joining the UN.
  • Peaceful problem-solving: Disputes should be settled without violence, to protect peace and justice.
  • No force or threats: Nations must not use force or threaten others’ independence or territory.
  • Support the UN’s actions: Members should help the UN when it acts to maintain peace—and never assist those opposing it.
  • Influence beyond membership: Even non-member States should follow these principles when peace and security are at stake.
  • Hands off domestic affairs: The UN cannot interfere in a country’s internal matters – except when enforcing peace under Chapter VII, which deals with actions to preserve international peace and security.

Read more about the UN Charter here.

Concern over use of force

Several Council members and others invited to take part expressed deep concern over the US military action, grounding their positions firmly in the UN Charter.

Colombia, Brazil, Mexico, Chile and Panama, underscored their region’s long-standing declaration as a zone of peace and warned that unilateral military action risked destabilising the Western hemisphere and aggravating displacement flows.

  • Colombia, in its first intervention as an elected Council member, rejected “any unilateral use of force” and cautioned that civilians invariably pay the highest price.
  • Brazil said the bombing and seizure of a head of State crossed an “unacceptable line,” warning of the erosion of multilateralism.
  • Mexico stressed that externally imposed regime change violates international law regardless of political disagreements.

Ambassadors also cited a worrying human rights situation inside Venezuela and the suffering of civilians, highlighting the need to ensure compliance with international law:

  • The United Kingdom highlighted years of suffering endured by Venezuelans – poverty, repression and mass displacement – while underscoring that respect for the UN Charter and the rule of law is essential for global peace and security.
  • Denmark and France acknowledged the imperative to combat organised crime and protect human rights – but warned that counter-narcotics efforts and accountability must be pursued through lawful, multilateral means.
A wide view of the United Nations Security Council meeting discussing threats to international peace and security, specifically regarding the situation in Venezuela.

A wide view of the Security Council meeting on the situation in Venezuela.

Regional voices backing US action

A smaller group of countries from the region took a different view.

  • Argentina praised the US operation as a decisive step against narcotics trafficking and terrorism, arguing that the operation and Mr. Maduro’s removal could open a path toward restoring democracy, the rule of law and human rights in Venezuela.
  • Paraguay also welcomed Mr. Maduro’s removal, calling for the immediate restoration of democratic institutions and the release of political prisoners, while urging that the transition proceed through democratic means.

Charter credibility at stake

Russia and China delivered some of the strongest criticism, characterising the US action as armed aggression and warning against the normalisation of unilateral force.

This position was echoed by countries beyond the Americas – including South Africa, Pakistan, Iran and Uganda – which warned the selective application of international law risks undermining the entire collective security system.

Representatives of Moscow and Beijing called for the immediate release of President Maduro and stressed the inviolability of head-of-State immunity under international law, framing the situation as a test of whether Charter principles apply equally to all States.

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Broadcast of the Security Council meeting regarding the situation in Venezuela.
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Video: Welcome to Rennie Harris’s Dance Floor

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Video: Welcome to Rennie Harris’s Dance Floor

new video loaded: Welcome to Rennie Harris’s Dance Floor

The acclaimed hip-hop choreographer Rennie Harris’s production “American Street Dancer” brought Detroit Jit, Chicago Footwork and Philly GQ to the stage. We invited cast members to showcase the three street dance styles.

By Chevaz Clarke and Vincent Tullo

January 5, 2026

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