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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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Nvidia chief Jensen Huang says US chip curbs on China ‘a failure’

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Nvidia chief Jensen Huang says US chip curbs on China ‘a failure’

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Nvidia chief Jensen Huang has condemned US export controls designed to limit China’s access to artificial intelligence chips as “a failure” that spurred Chinese rivals to accelerate development of their own products.

In strongly worded criticisms of chip policies pursued by successive US administrations, the chief executive of the world’s leading AI chipmaker also criticised Washington’s decision to ban an Nvidia chip designed specifically for the Chinese market.

He told a news conference at the Computex tech show in Taipei on Wednesday that export controls had turbocharged Chinese rivals, led by tech giant Huawei, to build competitive AI hardware. 

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“Four years ago, Nvidia had 95 per cent market share in China. Today, it is only 50 per cent,” he said. “The rest is Chinese technology. They have a lot of local technology they would use if they didn’t have Nvidia.”

Huang added: “Chinese AI researchers will use their own chips. They will use the second best. Local companies are very determined and export controls gave them the spirit and government support accelerated their development. Our competition is intense in China.”

The Trump administration in April banned Nvidia from selling the H20, its watered-down AI chip tailored to align with former export controls, prompting a $5.5bn writedown by the company. Huang reiterated that Nvidia had no current plans to roll out another “Hopper” chip for the China market, saying the company had already “degraded the chip so severely”. 

This is a developing story

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'Golden Dome' Missile Shield To Be 1st US Weapon In Space. All About It

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'Golden Dome' Missile Shield To Be 1st US Weapon In Space. All About It

Washington:

United States President Donald Trump on Tuesday unveiled new details on his plan for a missile defence system known as “Golden Dome”, which is estimated to cost a total of some $175 billion. The “Golden Dome” will be the first weapon the US puts in space, and it should be operational in about three years, by the end of his time in office, the President said.

Trump said his team has officially finalised the architecture of the futuristic defence system that he announced just days after returning to the White House in January. At the time, the Republican said the system would be aimed at countering “next-generation” aerial threats to the US, including ballistic and cruise missiles.

“In the campaign, I promised the American people I would build a cutting-edge missile defence shield…Today, I am pleased to announce we have officially selected architecture for this state-of-the-art system,” Trump said at the White House.

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What Is The Golden Dome System?

The Golden Dome will be a ground- and space-based missile shield system that will detect, track and stop missiles at multiple stages of flight, potentially destroying them before takeoff or intercepting them in mid-air. Calling the new system “very important for the success and even survival” of the United States, Trump said that once fully constructed, it will be capable of intercepting missiles even if they are launched from other sides of the world, and even if they are launched from space. 

Golden Dome has more expansive goals, with Trump saying it “will deploy next-generation technologies across the land, sea and space, including space-based sensors and interceptors.”

Pentagon chief Pete Hegseth, speaking alongside Trump, said the design for the Golden Dome will integrate with existing ground-based defence capabilities and is aimed at protecting “the homeland from cruise missiles, ballistic missiles, hypersonic missiles, drones, whether they’re conventional or nuclear.”

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How Much Will It Cost?

The system will cost over $500 billion, according to estimates from the Congressional Budget Office. However, Trump has, so far, announced $25 billion in initial funding for the plan, which he said could eventually cost a total of some $175 billion. 

When Will It Be Completed?

Trump said the system will be operational in about three years, by the end of his time in office. However, Forbes reported that the cost of the project will be absorbed over 20 years. 

Who Will Lead The Project?

Trump said US Space Force General Michael Guetlein will lead the effort.  A four-star general, Guetlein had a 30-year career in the Air Force before he joined the Space Force in 2021. He reportedly specialises in missile defence and space systems.

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Countries Covered Under the Golden Globe

The System is meant to protect the United States from all kinds of missile or drone attacks, but Trump said that Canada has expressed interest in being part of it as “they want to have protection also.”

Idea Behind The Golden Globe

The plan’s Golden Dome name stems from Israel’s Iron Dome air defence system that has intercepted thousands of short-range rockets and other projectiles since it went into operation in 2011. The United States faces various missile threats from adversaries, but they differ significantly from the short-range weapons that Israel’s Iron Dome is designed to counter.

The 2022 Missile Defence Review pointed to growing threats from Russia and China.

Who Opposes The Plan?

Russia and China earlier this month slammed the Golden Dome concept as “deeply destabilising,” saying it risked turning space into a “battlefield.”

It “explicitly provides for a significant strengthening of the arsenal for conducting combat operations in space,” said a statement published by the Kremlin after talks between the two sides.

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Trumpism’s growing split: Bannon vs plutocrats

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Trumpism’s growing split: Bannon vs plutocrats

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To grasp a party’s true values, study its budget. By that test, Donald Trump’s Republicans loathe science, medical research, victims of overseas disasters, food stamps, education for all age groups, healthcare for the poor and clean energy. Each are severely cut. On the other hand, they love the Pentagon, border security, the rich and allegedly those for whom the rich leave tips. They have no desire to reduce America’s ballooning deficit. What Trump wants enacted is the most anti-blue collar budget in memory. Call it Hunger Games 2025. It is an odd way of repaying their voters.

Some Republicans, like Josh Hawley, the rightwing Missouri senator, warn that this budget could “end any chance of us becoming a working-class party”. Steve Bannon, Maga’s original conceptualiser, says the Medicaid cuts will harm Trump’s base. “Maga’s on Medicaid because there’s not great jobs in this country,” says Bannon. The plutocracy is still running Capitol Hill, he adds. It goes against what Trump promised his base — a balanced budget that did not touch entitlements. Indeed, these were the only two fiscal vows he made during the campaign.

In practice, Republicans in the lower chamber have written a plutocratic blueprint. Their bill was temporarily defeated last Friday by a handful of conservative defectors who complained the draft did not cut spending on the poor enough. They wanted to slash Medicare further and end all clean energy incentives. But what they voted against contains most of their priorities. In addition to the renewed Trump tax cuts, the bill would raise the zero inheritance tax threshold to $30mn for a couple. It would also scrap the tax on gun silencers. These are not cuddly people. 

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On the surface, it looks as if Elon Musk is out, while Bannon is still around. But rumours of a divorce between Trump and Musk are exaggerated. More likely is that they are taking a marital break. And to judge by the results so far, Musk’s libertarian fiscal instincts are prevailing over Bannon’s. 

The two agree on “deconstructing the administrative state”, Bannon’s original phrase that Musk operationalised with his so-called Department of Government Efficiency. But Musk is more ruthless in his libertarianism than Bannon is in his economic populism. Musk thinks most federal payouts are fraudulent and that he and other corporate titans are victims of the deep state. That is in spite of the $38bn his companies have received in subsidies and federal contracts. Trump’s budget suits Musk’s tastes. 

Bannon’s blue-collar agenda, on the other hand, takes rhetorical centre stage with Trump but a back seat when it comes to policy. Bannon and a handful of Maga Republicans are opposed to Trump’s tax cuts for the top brackets. He wants a 40 per cent tax on the highest earners. He also wants to regulate Musk and the other big AI titans. “A nail salon in Washington DC has more regulations than these four guys running with artificial intelligence,” Bannon says. But no AI regulation is in sight.

To be fair, some of Bannon’s agenda is going ahead. Trump’s prosecutors are squeezing Mark Zuckerberg’s Meta and attempting to break up Alphabet. But tough settlements could conclude in a Trump shakedown rather than the Silicon Valley trustbusting Bannon wants. The vice-president, JD Vance, appears to side with the anti-monopolists yet is also a protégé of Peter Thiel, who champions a bizarre form of corporate monarchism. My bet is that any adverse ruling against Google or Meta would be a transaction opportunity for Trump. He has no consistent view on competition policy. 

On America’s core economic problems — inequality and the middle-class squeeze — Bannon talks a convincing game. But there are two glitches. The first is that he is a fan of cutting back the Internal Revenue Service, which collects taxes. Few things please Trump’s big donors more than the budget item that slashes IRS funding. Second, Bannon’s call for Trump to suspend habeas corpus so that at least 10mn illegal immigrants can summarily be deported seems likelier to hit home than his pro-middle class economics. Trump militantly agrees with Bannon’s dark side. He pays lip service to the light.  

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Of course, whatever budget is passed by the House of Representatives may be amended in the Senate. But any changes would probably be marginal. People who share Musk’s interests are feeding those of needy Americans into the proverbial woodchipper. Could that potentially split Maga? By the end of Trump’s second hundred days, we will find out how much populist economics matter to Bannon and co. 

edward.luce@ft.com

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