Regarding the revelations in the latest diplo-document-dump, there are some good questions to be asked. Charli is wondering who actually did the leaking and Ben Wittes is concerned about the effect that this will have on not only the government, but the detainees themselves:
Should it most upset the government, for whom the story represents yet another devastating failure to keep important secrets? Or should it most upset detainee counsel, for whom this trove means the public release of huge amounts of unsubstantiated speculation about clients who have not been charged and against whom it is far easier to write down disparaging information in intelligence reports than it is to prove such allegations in court. For both intelligence and civil liberties reasons, there are very good reasons a lot of this material has not been made public.
The Guantánamo assessments seem unlikely to end the long-running debate about America’s most controversial prison. The documents can be mined for evidence supporting beliefs across the political spectrum about the relative perils posed by the detainees and whether the government’s system of holding most without trials is justified.
Basically, the story in the Times just highlights the already known facts: that many individuals are at Guantanamo because of shoddy evidence but cannot be returned to their home countries because they are either considered to be dangerous, whatever evidence was held against them was gained through torture, or there is a substantial chance that their home governments would torture them upon return. It also highlights the fact that the methodology/process for sorting out who should be sent to Guantanamo was flawed, at best.
Again, these are already things that were well known. The documents just seem to shed some light as to who is actually there. It really doesn’t offer us much information as to what to do with the hard cases of individuals like Khalid Sheik Mohammed who would seem to be guilty of major terrorist crimes, but who has been handled so poorly as to make a fair trial nearly impossible.
Right now, the only good I can see coming of this is reminding people that Gitmo is still there, that there are still people in it and that no one seems willing to do anything about it. But really, you have to wonder whether the ‘big issue’ here will be that of Gitmo itself or that the documents were leaked in the first place. Right now I’m going to put my money on the later.