In detaining American citizens, full constitutional rights are afforded except where curtailed by higher guidance or accepted prison practice.
"Preparing for Enemy Combatant Detainment"
U.S. Naval Consolidated Brig — Charleston, SC
This quote comes from a report, "Preparing for Enemy Combatant Detainment", created by the U.S. Naval Consolidated Brig officials for an August 2006 presentation at a American Correctional Association conference. The report was obtained by The Post and Courier (TP&C) in response to a request under the Freedom of Information Act. From the February 23, 2007 article by Tony Bartelme, "Inside Navy's secret brig":
Officials at the Navy's brig in Hanahan developed elaborate plans to dodge public scrutiny of its operations to detain enemy combatants, plans that include destroying "critical info," scrubbing public Web sites, and warning brig staff about the temptations of "high priced offers from news agencies," a Navy report shows.
According to the conference Schedule of Major Workshop Sessions, here is what was presented and by whom:
K-4 Confining Enemy Combatants and High Profile Domestic Terrorists
Enemy combatants confined in the U.S. prisons and jails pose challenges for correctional and law enforcement staff. Their arrival is not usually planned, and every alphabet agency will provide you guidance for this special person(s). What would you have to plan for and change if you received a phone call saying you will confine an enemy combatant? This seminar will look at more than the operational piece and provide an overview of lessons learned from facility staff that had to adapt and overcome these challenges.
Moderator: Lt. Col. David K. Haasenritter, M.S., Assistant Deputy (Corrections Oversight), U.S. Army, Arlington, Virginia
Speakers: Maj. Christopher R. Ferry, Security, Naval Consolidated Brig Charleston, U.S Air Force, Charleston, South Carolina; Sandy Seymour, Technical Director, Naval Consolidated Brig Charleston, U.S. Navy, Charleston, South Carolina
Evaluator: Theresa A. Grenier, CCS, Management and Program Analyst, Directorate of Programs and Services, U.S. Disciplinary Barracks, U.S. Army, Fort Leavenworth, Kansas
From the report's presentation according to The Post and Courier article:
Before, it was a medium-level security prison capable of holding 364 inmates, and that its main focus was on rehabilitating inmates.
After 9/11, the Bush administration declared that certain terrorism suspects were "enemy combatants"... [and] could be held without criminal charges until the war was over.
The brig received custody of three known prisoners deemed to be enemy combatants by the Bush administration:
- Jose Padilla, U.S. citizen (arrived in June 2002, transfered January 2006)
- Yaser Hamdi, former U.S. citizen (deported to Saudi Arabia in October 2004)
- Ali Saleh al-Marri, Qatar citzen (arrested in December 2001, allowed legal council October 2004)
Before September 11th, 2001, the U.S. Naval Brig's main focus was on rehabilitating inmates. The Bush administration gave brig officials five months to get change their prison to get ready to receive enemy combatants, and change they did. Quoting the reporting cited in the TP&C article:
There is no rehabilitation mission in detainment.
In December 2006, Orlando do Campo the lawyer defending Jose Padilla said in court papers wanted to keep their new mission secret. Quoting the report cited in the TP&C article:
"Taking on a nationally newsworthy mission brings its own pitfalls," the report said...
The report said brig officials scrubbed public access documents and Web sites and destroyed "critical info," including information about rosters and internal operations. "Staff training to counter media probes paid dividends on several occasions," Seymour said without further explanation.
The report outlined tactics the brig officials took to dodge the press and avoid public scrutiny.
"Defeat surprise queries by preparing standard answers and keep them near common phone access points and available to all staff ... Focus on where the vulnerabilities are for camera footage by interested parties and look for unconventional access to your operation." Doing so will "starve the query."
Fortunately for us, the officials at the brig took enough pride in their redefined mission to present at conference how they can get around a citizen's inherent, fundamental rights and guarantees protected by our Constitution by taking "higher guidance" — advice from George W. Bush — the man above the law.