9. “I Know Some Things You Don’t”

Sergeant Joe Hickman’s tour of duty, which ended in March 2007, was distinguished: he was selected as Guantánamo’s “NCO of the Quarter” and was given a commendation medal. When he returned to the United States, he was promoted to staff sergeant and worked in Maryland as an Army recruiter before eventually settling in Wisconsin. But he could not forget what he had seen at Guantánamo. When Barack Obama became president, Hickman decided to act. “I thought that with a new administration and new ideas I could actually come forward, ” he said. “It was haunting me.”

Mark Denbeaux

Hickman had seen a 2006 report from Seton Hall University Law School dealing with the deaths of the three prisoners, and he followed their subsequent work. After Obama was inaugurated in January 2009, he called Mark Denbeaux, the professor who had led the Seton Hall team. “I learned something from your report,” he said, “but I know some things you don’t.”

Within two days, Hickman was in Newark, meeting with Denbeaux. Also at the meeting was Denbeaux’s son and sometime co-editor, Josh, a private attorney. Josh Denbeaux agreed to represent Hickman, who was concerned that he could go to prison if he disobeyed Colonel Bumgarner’s order not to speak out, even if that order was itself illegal. Hickman did not want to speak to the press. On the other hand, he felt that “silence was just wrong.”

The two lawyers quickly made arrangements for Hickman to speak instead with authorities in Washington, D.C. On February 2, they had meetings on Capitol Hill and with the Department of Justice. The meeting with Justice was an odd one. The father-and-son legal team were met by Rita Glavin, the acting head of the Justice Department’s Criminal Division; John Morton, who was soon to become an assistant secretary at the Department of Homeland Security; and Steven Fagell, counselor to the head of the Criminal Division. Fagell had been, along with the new attorney general, Eric Holder, a partner at the elite Washington law firm of Covington & Burling, and was widely viewed as “Holder’s eyes” in the Criminal Division.

For more than an hour, the two lawyers described what Hickman had seen: the existence of Camp No, the transportation of the three prisoners, the van’s arrival at the medical clinic, the lack of evidence that any bodies had ever been removed from Alpha Block, and so on. The officials listened intently and asked many questions. The Denbeauxes said they could provide a list of witnesses who would corroborate every aspect of their account. At the end of the meeting, Mark Denbeaux recalled, the officials specifically thanked the lawyers for not speaking to reporters first and for “doing it the right way.”

Two days later, another Justice Department official, Teresa McHenry, head of the Criminal Division’s Domestic Security Section, called Mark Denbeaux and said that she was heading up an investigation and wanted to meet directly with his client. She went to New Jersey to do so. Hickman then reviewed the basic facts and furnished McHenry with the promised list of corroborating witnesses and details on how they could be contacted.

The Denbeauxes did not hear from anyone at the Justice Department for at least two months. Then, in April, an FBI agent called to say she did not have the list of contacts. She asked if this document could be provided again. It was. Shortly thereafter, Fagell a Justice official [see update] and two FBI agents interviewed Davila, who had left the Army, in Columbia, South Carolina. Fagell The official asked Davila if he was prepared to travel to Guantánamo to identify the locations of various sites. He said he was. “It seemed like they were interested,” Davila told me. “Then I never heard from them again.”

Hickman’s Army Commendation Medal certificate, signed by Baumgarner.

Several more months passed, and Hickman and his lawyers became increasingly concerned that nothing was going to happen. On October 27, 2009, they resumed dealings with Congress that they had initiated on February 2 and then broken off at the Justice Department’s request; they were also in contact with ABC News. Two days later, Teresa McHenry called Mark Denbeaux and asked whether he had gone to Congress and ABC News about the matter. “I said that I had,” Denbeaux told me. He asked her, “Was there anything wrong with that?” McHenry then suggested that the investigation was finished. Denbeaux reminded her that she had yet to interview some of the corroborating witnesses. “There are a few small things to do,” Denbeaux says McHenry answered. “Then it will be finished.”

Specialist Christopher Penvose told me that on October 30, the day following the conversation between Mark Denbeaux and Teresa McHenry, McHenry an official [see update] showed up at Penvose’s home in south Baltimore with some FBI agents. She had a “few questions,” she told him. Investigators working with her soon contacted two other witnesses.

On November 2, 2009, McHenry called Mark Denbeaux to tell him that the Justice Department’s investigation was being closed. “It was a strange conversation,” Denbeaux recalled. McHenry explained that “the gist of Sergeant Hickman’s information could not be confirmed.” But when Denbeaux asked what that “gist” actually was, McHenry declined to say. She just reiterated that Hickman’s conclusions “appeared” to be unsupported. Denbeaux asked what conclusions exactly were unsupported. McHenry refused to say.
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