Barred From Gitmo

Barred From Gitmo

Carol Rosenberg can be a real pain in the ass.

I first met her on a trip to Guantánamo in 2008, while I was covering the trial of Salim Hamdan, the man accused of being Osama bin Laden’s driver and bodyguard.

I was CNN’s Senior Pentagon Correspondent, and Rosenberg was — and still is — a Miami Herald reporter who has logged the most time covering Guantánamo.


Carol’s the kind of crusty old hand who knows what’s what, and doesn’t mince words in fighting for the access she needs to get, and tell, the real story.

(As an aside, during my brief visit in 2008 she complained vehemently to some of the public affairs folks that I was getting preferential treatment as some drop-in big shot from Washington. I didn’t hear about that until after I left.)

So I have to say Carol’s not always the most likable person.  She’s not one for charming the military officials she has to work with — and sometimes go around — to cover what’s happening at Guantánamo.  And having covered Gitmo for eight years, she’s not fooled by spin.

Still one judges reporters, not on how charming they are, but how good their reporting is, and Carol Rosenberg is one of the best, most experienced, reporters covering the military commission process at Guantánamo.

Except, she’s not covering it anymore.

The Pentagon has banned her because they say she, and some Canadian reporters, violated the ground rules for covering the trials by revealing the name of one of the anonymous witnesses, a man that was supposed to be referred to only as “Interrogator #1.”

The thing is, the interrogator’s name was no longer secret.  He had gone public several years ago, granting an on-the-record interview to refute allegations that he had abused the detainee in question, one Omar Khadr.

Carol got booted from Gitmo for the following line in her story, (which was written two days before the witness testified.)

“Interrogator #1 has been identified in the Canadian media as Sergeant Joshua Claus, who was subsequently court-martialed for detainee abuse not involving Omar Khadr.”

The military judge insists the ban on naming witnesses applies even if the name of the witness is public and has been previously reported.

And the fine line here seems to be the question of whether — even though Sgt. Claus had identified himself publically as the first person to interrogate the detainee — anyone would know for sure he was in fact the person identified as “interrogator #1″ at the trial.

Right now the Miami Herald is in negotiations with the Pentagon get Carol reinstated, but I have to say, I think she is right when she argues its unreasonable to expect news organizations to pretend not to know pertinent information that they have previously reported.

The government may have a legitimate need to keep some things secret, but that doesn’t extend to controlling how information that is NOT secret is reported.

I think Carol Rosenberg nailed the key point when she told the NPR show On The Media:

“I think the editors are worried about setting a dangerous precedent because if this ban continues, it means the Pentagon can reach into newsrooms across America, across the world, and tell editors what previously published information cannot appear under a Guantánamo dateline. They’re telling editors, even if you reported it five days ago from Washington, D.C., don’t put that paragraph under a Guantánamo dateline or you won’t be allowed to cover this.  Even the Bush administration didn’t have this policy. They allowed you to import previously published information under a Guantánamo dateline.”

But just to be clear, Carol is NOT disputing the ground rules, in fact she insists she followed them… to a “T”.
And she’s hopeful when some higher-ups at the Pentagon look at exactly what really happened, they will agree.

(Photo of Carol Rosenberg by Lt. Col. Bryan Broyles)

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I first dealt with Carol back in 2005 when an anonymous source at SOCOM leaked to her and the AP nine pages from my client Erik Saar’s manuscript “Inside the Wire” which detailed his time as an Army linguist at Gitmo.

Within these specific pages was the now infamous description of an interrogation tactic of a female interrogator using fake menstrual blood on a pair of underwear and smearing it on a detainee.

The leaked pages were all marked SECRET, but they weren’t. Every page of the manuscript following its submission for prepublication review was stamped SECRET just in case it was. Ultimately the entire manuscript, with very few requested changes, was determined to be unclassified and published. Carol’s story of the leaked pages caused quite a stir!

Peripherally, I have often experienced similar situations that the media is facing at Gitmo when dealing with the Intelligence Community. I often have authorized access to classified information and I am forced to refrain from publishing information that is obviously in the public domain but because I am told “no, we think it is classified”, I have to abide by the requirement. I usually don’t care much because I still get the information before a federal judge to review. But there is no doubt the USGOV improperly uses the classification system as a weaponized sword rather than the defensive shield it is supposed to be.

Seems the judge was the one who publicly revealed the name of Interrogator #1 by banning Carol Rosenberg. She simply reported the Canadian media had identified Interrogator #1 as Sgt Claus. If that identification were wrong, the witness would still be anonymous — and no ground rules would have been breached. The judge, by his action, confirmed the identification was accurate.
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I got this feedback from someone close to the process, who shared it with me directly. I wanted to post a portion of the comments because I think it helps explain the other side of the story. After thoughtful consideration I still think it’s a wrongheaded notion that the court has jurisdiction over more than what is said in court. And the witness in question, wasn’t outed by outside reporting, he outed himself. I could envision a lengthy debate on this issue between two competent, impassioned advocates.

The other side of the story:
“The fact that Carol was involved, or that she is an experienced “GTMO hand,” is immaterial. She, and three others, knowingly and repeatedly violated the judge’s protective order and the agreed-upon ground rules. The penalty for violation was clearly laid out in the documents they all signed. There were 11 other journalists at GTMO that week and only four chose to disregard the rules and publish the name of a protected witness. That his name was “in public” two years ago is also immaterial — at the time his name was reported he wasn’t “Interrogator 1″ in a commissions hearing testifying under condition of anonymity. Using the logic that his name was previously published and therefore “fair game” for reporting means that almost anyone who testifies under protection could be “outed” by the press since nearly everyone’s identity can be ascertained with simple on-line research these days. To allow such a breach to go without sanction creates a chilling effect on future witnesses who can’t be guaranteed that their identities will be withheld by reporters covering the proceedings.”

Jamie, a factual clarification to your anonymous source’s math:

More than four correspondents noted in their reports that Interrogator 1 had been previously identified, and likewise named him in their dispatches from Guantanamo.

There were a total of 11 news organizations reporting from the war court by the time of this testimony, not 15, and the four reporters the Pentagon chose to ban were the most veteran among them.

No one considered this a violation of the rules at the time, as Interrogator No. 1 had publicly identified himself. Some, like me, noted that he had been so identified in the Canadian press. Others noted that he had voluntarily identified himself in the case. Only the veterans were banned.

The Washington Post weighs in: with editorial “Pentagon should rescind decision to expel reporters from Guantanamo” http://​www​.washingtonpost​.com/​w​p​-​d​y​n​/​c​o​n​t​e​n​t​/​a​rti…

“The Pentagon is right to be concerned about protecting the identity of witnesses who may be subject to harassment, threats or worse. Naming those whose identities are subject to protective orders also could scare off future witnesses. But the expulsion of the four reporters was not justified; the decision should be reversed. Mr. Claus’s identity and his role in the Khadr case were well-known long before he took the stand; the information is a matter of public record and, as a lawyer for the journalists notes, can be found on Mr. Khadr’s Wikipedia page. Allowing the news groups to send different reporters does not erase the harm of banning four veteran journalists who have spent years covering Guantanamo and bring a depth of knowledge to their coverage that novices would lack.”

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