Margulies, Joseph - short clip - APoliticalManeuver

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-	And I wrote up this affidavit on saying	0:00
	here's what I was just told in	0:04
	great, great detail.	0:05
	And then I filed a memorandum	0:07
	or a motion saying to block his transfer	0:09
	and filed that with the court	0:12
	saying you can't send him back.	0:15
	He's been, he's been tortured before,	0:16
	they're gonna torture him again.	0:18
	And um...	0:20
	The way it works at, in the Guantanamo litigation is	0:23
	once you file something, it's, it remains sealed	0:26
	until the court security office says, okay	0:29
	you can file this publicly or you can file it publicly	0:31
	but here this much as redacted.	0:33
	Okay?	0:35
	So usually that didn't	0:38
	at that time that didn't take long.	0:39
	They'd usually go through these reviews pretty quickly,	0:40
	48 hours, 72 hours.	0:42
	This one was taking weeks	0:44
	and they weren't getting back to me and working back to me.	0:45
	And that's no good	0:47
	because I wanted this stuff to be part of the public record.	0:49
	So finally, I sent a note	0:52
	to the court security office saying, look	0:53
	if you don't get this back	0:56
	to me publicly by close of business tomorrow, or rather	0:58
	if you don't make a decision one way	1:01
	or the other, you know, yes, you can file it publicly.	1:03
	No, you got to litigate.	1:05
	If you don't, if you continue to do nothing	1:07
	I'm going to file a motion.	1:09
	You have till close of business tomorrow.	1:10
	At one o'clock the next afternoon, they sent me	1:12
	an email saying it's all been cleared for public filing.	1:15
	You can clear it. You can, you can file it all.	1:17
	And they didn't redact anything.	1:19
	And I didn't wait for them to change their mind.	1:21
	I filed it instantly, publicly	1:23
	and then immediately afterwards,	1:27
	and I'm completely unapologetic about this,	1:29
	press send and sent the material	1:32
	to Dana Priest at the Washington post.	1:34
	All of it, the description, everything that I had filed	1:37
	which was now allowed to be, I was allowed to do that.	1:41
	That night.	1:44
	She sends me a note back or	1:45
	or maybe calls me and left these voicemails saying, Joe,	1:47
	we're going to want a story on this.	1:51
	It's going to run in tomorrow's Post.	1:53
	Well, as it happened, the next day is the day	1:55
	that Alberta Gonzales was testifying	2:00
	at the Senate judiciary committee about his confirmation	2:04
	from going from white house counsel to attorney general	2:08
	Ashcroft had left and Gonzalez was named to be acting AG	2:11
	And this was his confirmation hearing.	2:16
	The day of his confirmation hearing	2:18
	there is a front page article in the Washington Post	2:19
	about Mondu Habdid's rendition describing his torture	2:22
	and describing the US involvement in it.	2:25
	and Dick Durbin bless his heart, senator from Illinois	2:27
	Holds up the Washington post and shows it to Gonzales	2:30
	who is blind sided, right?	2:33
	Cause he doesn't know this is coming.	2:34
	It's just appears he, so he's not prepped on it.	2:36
	Says, did you see this?	2:38
	If this is true, isn't this illegal	2:39
	and Gonzalez says that's, if that's true, it's illegal.	2:41
	If that's true, a crime was committed.	2:45
	That's a Tuesday, a Thursday	2:48
	morning, Wednesday night, something like that.	2:51
	I got a phone call from the Australian embassy	2:53
	saying Mondu is going to be released.	2:58
	Don't tell anybody yet	3:02
	because the defense department asks us not to	3:02
	make it public.	3:04
	But when he's released	3:05
	Would, would you be willing to fly?	3:06
	We're going to charter a plane	3:09
	and fly him home from Australia or to Australia.	3:10
	Would you be willing to accompany him on the flight?	3:14
	I said, yes.	3:17
	And that was early January of 2005.	3:18
	He flew home January 30th or 31st.	3:20
	And I am the only lawyer who has been allowed to	3:24
	accompany a client home from the base.	3:27

Item Info

Title:

Margulies, Joseph - short clip - APoliticalManeuver

Date:

February 16, 2012

Interviewer:

Honigsberg, Peter Jan

Interviewee:

Margulies, Joseph

Role:

Detainee Attorney

Description:

This interview may include descriptions of violence.
Detainee Attorney
Joseph Margulies, male, age 51, was Counsel of Record in Rasul v. Bush (2004), the case that established statutory habeas rights for Guantanamo detainees, and is counsel for Abu Zubaydah, a "high-value" detainee whose interrogation led to the infamous "torture memos." He also testified at the first Senate Judiciary Committee hearing on detainee issues in 2005.
Description was provided by Witness to Guantanamo.

Subject:

United States

Format:

oral histories

Language:

English

Extent:

1:46:24

Digital Collection:

Witness to Guantanamo

Source Collection:

Witness to Guantanamo Video Collection, 2009-2017

Rights:

Limited Re-Use

CC BY-NC-ND 4.0

Rights Note:

Unless otherwise noted, copyright is held by Peter Hongisberg. Under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license, you are free to use and share these materials subject to the following conditions: You must attribute Peter Hongisberg as the rights holder. You may not use the material for commercial purposes. You may not distribute any modifications to the materials. For other uses, including commercial uses, please contact Rubenstein Library at http://library.duke.edu/rubenstein/ask.

Identifier:

532d063763593a5642a2f35e942276c7
witnesstoguantanamo
ark:/87924/r4kp82980
d1eaec0a-46ad-4c49-9621-0c9f177ba888

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https://idn.duke.edu/ark:/87924/r4kp82980

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Margulies, Joseph - short clip - APoliticalManeuver

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