CQR Closing Guantanamo

Total Page:16

File Type:pdf, Size:1020Kb

CQR Closing Guantanamo Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com Closing Guantanamo Does the prison hinder the fight against terrorism? resident Obama has tried for years to close the U.S. military-run detention facility at Guantanamo Bay, Cuba, and incarcerate terrorism suspects in the P United States. Critics of Guantanamo say it serves as a potent propaganda tool for the Islamic State, which makes the prisoners it captures wear orange jumpsuits nearly identical to those worn by Guantanamo inmates. But Republicans and some Democrats have fought to keep the facility open, contending that transferring detainees to U.S. soil would be dangerous. The prison Critics of the Guantanamo Bay detention facility has drawn the opposition of many U.S. allies, who cite allegations protest at the White House on March 11, 2016. Democratic presidential candidate Hillary Clinton says she will continue President Obama’s efforts to of torture t here. Democratic presidential nominee Hillary Clinton close the 14-year-old prison for terrorism suspects; Republican nominee Donald Trump wants to close the prison, while Republican nominee Donald wants to expand its use. Trump vows to expand its use. The Obama administration has stopped sending new prisoners to Guantanamo and is steadily reducing the population — now 61 inmates — by transferring I detainees to the custody of U.S. allies. National security analysts THIS REPORT N say the Guantanamo controversy underscores the need to reform THE ISSUES ....................795 S BACKGROUND ................801 how suspects captured in the terrorism fight are tried in court. I CHRONOLOGY ................803 D CURRENT SITUATION ........807 E CQ Researcher • Sept. 30, 2016 • www.cqresearcher.com AT ISSUE ........................809 Volume 26, Number 34 • Pages 793-816 OUTLOOK ......................811 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR BIBLIOGRAPHY ................814 EXCELLENCE N AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD THE NEXT STEP ..............815 CLOSING GUANTANAMO Sept. 30, 2016 THE ISSUES SIDEBARS AND GRAPHICS Volume 26, Number 34 EXECUTIVE EDITOR: Thomas J. Billitteri • Is keeping Guantanamo 796 Guantanamo Base Has [email protected] 795 open helping to fuel global 113-Year History ASSISTANT MANAGING EDITORS: Kenneth terrorism? The U.S. naval base in Cuba Fireman, [email protected], • Is a new international began as a fueling station. Kathy Koch , [email protected], Chuck McCutcheon , convention needed on the Afghanistan Takes the [email protected], detention and trial of terror - 797 Most Detainees Scott Rohrer, [email protected] ism suspects? Saudi Arabia ranks second as SENIOR CONTRIBUTING EDITOR: • Should the United States destination for transferred Thomas J. Colin continue sending Guantanamo prisoners. [email protected] detainees to other countries? CONTRIBUTING WRITERS: Marcia Clemmitt, Americans Divided on Sarah Glazer, Kenneth Jost, Reed Karaim, 800 Guantanamo Transfers Peter Katel , Barbara Mantel, Tom Price BACKGROUND More Republicans than Democrats disapproved of SENIOR PROJECT EDITOR: Olu B. Davis Early Military Tribunals detainee transfers. EDITORIAL ASSISTANT: Anika Reed 801 The use of military courts to try illegal combatants proved Chronology FACT CHECKERS: Eva P. Dasher, controversial. 803 Michelle Harris, Nancie Majkowski, Key events since 1815. Robin Palmer First Detainees Arrive Conditions at Guantanamo 801 The detention centers housed 804 Still Mostly a Mystery the first suspected terrorists Access to the prison remains after the Sept. 11, 2001, attacks. restricted. Obama versus Congress Lawmakers Spar Over An Imprint of SAGE Publications, Inc. 805 Lawmakers have strongly 806 Military Force resisted the administration’s SENIOR VICE PRESIDENT, Experts debate the use of GLOBAL LEARNING RESOURCES: efforts to close Guantanamo. military force against terrorists. Karen Phillips At Issue: EXECUTIVE DIRECTOR, ONLINE LIBRARY AND CURRENT SITUATION 809 Should the detention center REFERENCE PUBLISHING: at Guantanamo Bay be closed? Todd Baldwin Civilian or Military Courts? 807 Copyright © 2016 CQ Press, an Imprint of SAGE Pub - Slow-moving military commis - lications, Inc. SAGE reserves all copyright and other sions are drawing criticism. FOR FURTHER RESEARCH rights herein, unless pre vi ous ly spec i fied in writing. No part of this publication may be reproduced Standards of Evidence For More Information electronically or otherwise, without prior written 808 Civil rights groups argue that 813 Organizations to contact. military commissions employ permission. Un au tho rized re pro duc tion or trans mis - loose standards of evidence. sion of SAGE copy right ed material is a violation of Bibliography federal law car ry ing civil fines of up to $100,000. 814 Selected sources used. 810 Blame Game CQ Press is a registered trademark of Congressional The standoff between the The Next Step Quarterly Inc. White House and Congress 815 Additional articles . appears to have no resolution. CQ Researcher (ISSN 1056-2036) is printed on acid-free Citing CQ Researcher paper. Pub lished weekly, except: (March wk. 4) (May 815 Sample bibliography formats. wk. 4) (July wks. 1, 2) (Aug. wks. 2, 3) (Nov. wk. 4) OUTLOOK and (Dec. wks. 3, 4). Published by SAGE Publications, Inc., 2455 Teller Rd., Thousand Oaks, CA 91320. Annual Finding an End Game full -service subscriptions start at $1,131. For pricing, 811 November’s general election call 1-800-818-7243. To purchase a CQ Researcher report could determine Guantanamo’s in print or electronic format (PDF), visit www.cqpress. fate — or not. com or call 866-427-7737. Single reports start at $15. Bulk purchase discounts and electronic-rights licensing are also available. Periodicals postage paid at Thousand Oaks, California, and at additional mailing offices . POST - MAST ER: Send ad dress chang es to CQ Re search er , 2600 Virginia Ave., N.W., Suite 600, Wash ing ton, DC 20037. Cover: Getty Images/Chip Somodevilla 794 CQ Researcher Closing Guantanamo By Patrick Marshall to Guantanamo and is steadily THE ISSUES reducing the prison popula - tion. Detainees deemed not hen the Islamic dangerous by a review panel State (ISIS) executes are being transferred to other W captives, it forces countries, with the largest num - them to wear orange jumpsuits bers being sent to Afghanistan, nearly identical to those worn Saudi Arabia and Pakistan. ( See by suspected terrorists held at graphic, p. 797. ) In August, the U.S. military prison at Guan - the Pentagon announced the 1 y tanamo Bay, Cuba. o largest single transfer during C Critics of the controversial c the Obama years: 15 prisoners M facility say it is a reviled world - e to the United Arab Emirates n a wide symbol of inhumane h (UAE). S treatment and a recruiting tool / Of the roughly 780 people n o i for terrorists. ISIS, they say, t who have been held at the c e l uses the orange jumpsuits to l prison since it opened in o C invoke Guantanamo and incite 2002, 710 have been trans - s 2 e its followers. g ferred to other countries, nine a m The critics have an impor - I detainees have died while in E 7 tant ally. President Obama, F custody and 61 remain. Of I L along with many Democrats those sent to other countries, e h and some top military officials, T 214 are known or suspected / s say the prison not only fails e to have returned to terrorist g to advance national security a or insurgent activities. 8 m I y but also undermines it. t Naureen Shah, Amnesty t “Guantanamo harms our e G International USA’s director partnerships with allies and other Military police bring a Taliban prisoner to Camp X-Ray, of national security and countries whose cooperation we the first detention facility at Guantanamo Bay, in 2002. human rights, said the recent The small compound of tents and open-air cages was need against terrorism,” Obama replaced soon after it opened by Camp Delta, which transfers to the UAE were a said in February. “When I talk includes several camps for detainees of varying risks, “powerful sign that President to other world leaders, they bring recreation rooms, a soccer area, a hospital Obama is serious about clos - up the fact that Guantanamo is and courtroom facilities. ing Guantanamo before he not resolved.” 3 leaves office.” 9 But Rep. Ed In one of his first acts as president, The presidential election is unlikely Royce, a California Republican who Obama issued an executive order to to resolve the stalemate. Democratic chairs the House Foreign Affairs Com - close the prison, part of a 45-square- nominee Hillary Clinton has vowed to mittee, called the transferred detainees mile naval base at Cuba’s southeastern close the Guantanamo prison, while “hardened terrorists” who should have end. 4 But almost eight years later, as Republican nominee Donald Trump remained at Guantanamo. 10 Obama’s second term winds down, the has promised to keep it open and The American public is divided on prison remains open because of a bitter “load it up with some bad dudes.” 5 closing the prison. According to a standoff between the White House and Trump also promised earlier this year CNN/ORC International survey conduct - the Republican-controlled Congress. to use waterboarding and other inter - ed at the end of February, 56 percent Republicans — and some Democrats rogation methods regarded as torture of respondents opposed Obama’s efforts — oppose closure, arguing that Guan - on terrorism suspects, but later said to close the prison, and 40 percent tanamo inmates would pose a security he would follow international law, backed the idea. 11 The division is risk if transferred to prisons on U.S. which outlaws torture. 6 sharply along party lines, with 83 percent soil or to other countries. Some promi - With Congress and the White House of those identifying as Republicans op - nent Republicans also accuse Obama at loggerheads, the prison remains in posed to shutting down the prison com - of failing to work with them on finding limbo.
Recommended publications
  • Swedish Foreign Fighters in Syria and Iraq
    Swedish Foreign Fighters in Syria and Iraq An Analysis of open-source intelligence and statistical data Linus Gustafsson Magnus Ranstorp Swedish Foreign Fighters in Syria and Iraq An analysis of open-source intelligence and statistical data Swedish Foreign Fighters in Syria and Iraq An analysis of open-source intelligence and statistical data Authors: Linus Gustafsson Magnus Ranstorp Swedish Defence University 2017 Swedish Foreign Fighters in Syria and Iraq: An analysis of open-source intelligence and statistical data Linus Gustafsson & Magnus Ranstorp © Swedish Defence University, Linus Gustafsson & Magnus Ranstorp 2017 No reproduction, copy or transmission of this publication may be made without written permission. Swedish material law is applied to this book. The contents of the book has been reviewed and authorized by the Department of Security, Strategy and Leadership. Printed by: Arkitektkopia AB, Bromma 2017 ISBN 978-91-86137-64-9 For information regarding publications published by the Swedish Defence University, call +46 8 553 42 500, or visit our home page www.fhs.se/en/research/internet-bookstore/. Summary Summary The conflict in Syria and Iraq has resulted in an increase in the number of violent Islamist extremists in Sweden, and a significant increase of people from Sweden travelling to join terrorist groups abroad. Since 2012 it is estimated that about 300 people from Sweden have travelled to Syria and Iraq to join terrorist groups such as the Islamic State (IS) and, to a lesser extent, al-Qaeda affiliated groups such as Jabhat al-Nusra. Even though the foreign fighter issue has been on the political agenda for several years and received considerable media attention, very little is known about the Swedish contingent.
    [Show full text]
  • Why Repealing the 1991 and 2002 Iraq War Authorizations Is Sound Policy Charles D
    LEGAL MEMORANDUM No. 256 | JANUARY 6, 2020 EDWIN MEESE III CENTER FOR LEGAL & JUDICIAL STUDIES Why Repealing the 1991 and 2002 Iraq War Authorizations Is Sound Policy Charles D. Stimson he Constitution’s allocation of war powers KEY TAKEAWAYS between the legislative and executive branches is a classic example of the sepa- T 1 The 1991 and 2002 AUMF Against Iraq ration of powers. The Congress has the power to Resolutions remain in force even though declare war but cannot fight the war on its own. The their purpose has been accomplished. President, as commander in chief of the Army and Navy, has (and has uniformly claimed) the authority to use military forces abroad in the absence of specific Repeal would not affect the 2001 AUMF, prior congressional approval.2 This authority derives the primary domestic statutory authority from his constitutional responsibility as commander for the war against al-Qaeda, the Taliban, in chief and chief executive for foreign and military ISIS, or associated forces. affairs. Without money from Congress, however, the President has no ability to fight those conflicts, nor Debating and repealing those war does he have the authority to appropriate funds to pay authorizations is a matter of congres- for those military conflicts on his own. sional hygiene and gets the Congress This tension between the legislative and executive back in the business of exercising its Article I muscles. branches was purposeful, as the Founders anticipated the grave significance of the country’s going to war. This paper, in its entirety, can be found at http://report.heritage.org/lm256 The Heritage Foundation | 214 Massachusetts Avenue, NE | Washington, DC 20002 | (202) 546-4400 | heritage.org Nothing written here is to be construed as necessarily reflecting the views of The Heritage Foundation or as an attempt to aid or hinder the passage of any bill before Congress.
    [Show full text]
  • NOWHERE to GO Sweden‟S Complicity in the World-Wide Detention of Monir Awad
    NOWHERE TO GO Sweden‟s complicity in the world-wide detention of Monir Awad About Cageprisoners Cageprisoners is a not-for-profit company limited by guarantee which operates as a human rights NGO. The organisation seeks to work for political Muslim detainees, specifically those interned as a result of the „War on Terror‟ and its peripheral campaigns, by raising awareness of the illegality and the global consequences of their detention. By promoting due process, the vision of the organisa- tion is to see a return to the respect of those fun- damental norms which transcend religion, socie- ties and political theories. Cageprisoners comprises of an advisory group which includes patrons, seasoned activists, law- yers, doctors and former detainees. From the group, a board has been elected which oversees the strategy and management of the organisation and its employees. By working in such a way the working environment of the organisation can con- stantly be reviewed in light of its aims and objec- tives. Copyright © 2010 Cageprisoners All rights reserved. Cageprisoners 27 Old Gloucester Street London WC1N 3XX Telephone: 00 (44) 2031674416 Email: [email protected] 2 | cageprisoners.com Table of contents INTRODUCTION ...................................................................................................................... 5 HORN OF AFRICA DETENTION .............................................................................................. 6 HARASSMENT IN SWEDEN .................................................................................................
    [Show full text]
  • SWEDEN and Literature Survey
    Muslims in the EU: Cities Report Preliminary research report SWEDEN and literature survey 2007 Researcher: Dr Göran Larsson, Department of Religious Studies, Theology and Classical Philology, University of Göteborg, Sweden Email address: [email protected] Table of Contents Background 4 Executive Summary 5 PART I: RESEARCH AND LITERATURE ON MUSLIMS 8 1. Population 8 1.1 Availability of data on Muslims in Sweden 8 1.2 Muslim population estimates 9 1.3 The main waves of Muslim immigration to Sweden 12 1.4 Patterns of settlement 14 2. Identity 15 2.1 Muslim ethnic identities in Sweden 15 2.2 Religious identities 15 2.3 Converts to Islam 16 2.4 Muslim female identity 17 2.5 Other areas of research 18 3. Education 19 3.1 Muslims and the Swedish education system 19 3.2 Muslims and educational attainment 19 3.3 Religious education in schools 21 3.4 Independent Islamic schools 21 3.5 Education programmes for the training of imams 23 4. Employment 24 4.1 Access to the labour market for people in Sweden born outside the EU 24 4.2 Discrimination in the labour market and other barriers to employment 25 5. Housing 27 5.1 The housing situation of Muslims in Sweden 27 6. Health and social protection 29 6.1 The health status of Muslims 29 7. Policing and security 31 7.1 Muslims’ experiences in the army 31 7.2 Muslims’ experiences in relation to criminal justice and policing 31 8. Participation and citizenship 33 8.1 Muslim participation in politics and policy-making 33 PART II: POLICY CONTEXT 35 1.
    [Show full text]
  • Wikileaks and Julian Assange: Time to Update U.S
    22 WebMemo Published by The Heritage Foundation No. 3078 December 8, 2010 WikiLeaks and Julian Assange: Time to Update U.S. Espionage Laws Paul Rosenzweig and Charles Stimson Almost everyone seems to be asking the same Even so, any prosecution of Assange under cur- question with respect to the WikiLeaks saga: What, rent law would have to traverse murky waters, if anything, can Julian Assange, and those who have including a distinction between the protections worked closely with him, be prosecuted for? afforded traditional media organizations that are Most Americans have a visceral reaction that commenting on the WikiLeaks releases and Assange did something wrong and must be held to Assange’s more direct involvement in the initial dis- account for disclosing classified documents involv- closures. As a result, the WikiLeaks affair has begun ing sensitive national security matters. Secretary of to generate legislative ideas on Capitol Hill, and that State Hillary Clinton has gone so far as to claim that is as it should be. Indeed, WikiLeaks may well pro- his acts are “an attack” on the United States, and vide the impetus for a welcome updating of Amer- Assange himself seems to describe his opposition to ica’s outdated laws relating to the disclosure of America in military terms.1 But federal prosecutors classified materials. will still have a difficult time finding an appropriate Outdated Law. At present, the main law criminal charge and making it stick. addressing illegal disclosures is the World War I–era 4 Impetus for Reform. Beyond the issue of Espionage Act provision, whose text is, as one scholar has put it, “marred by profound and frus- whether Assange would be extradited for any 5 criminal offense that the United States might trating ambiguities.” As currently interpreted, the lodge,2 there are complex legal issues involving law is vague and of uncertain application to situa- vague U.S.
    [Show full text]
  • B5, B6, B7(A), B7(C)
    RELEASED IN PART UNCLASSIFIED Bl, 1.4(B), 1.4(D), B5, B6, B7(A), B7(C) Dolan, JoAnn LR131 To: Bisharat, Henry; Cagan, Debra BI. B5, B6, 137(A), B7(C) Cc: Fitzpatrick. Kathleen M (EUR); Waslev, Liam J(Stockholm) UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD 1 CLASSIFICATION: CONFIDENTIAL REASON: 1.4(13), 1.4(D) DECLASSIFY AFTER: 4 SEP 2012 UNCLASSIFIED DOS 002813 ACLU-RDIDATE/CASE 4438 ID: 27 p.1 DEC 2004 200303827 UNCLASSIFIED B1.116. B7(A), B7(C) Sweden Puts Renewed Pressure on US Over Swedish Taliban EUP20020904000276 Stockholm Svenska Dagbladet in Swedish 4 Sep 02 p 9 [Report by Fredrik Engstrom: "Sweden Demands Answers from US on Cuba Prisoner"] [FBIS Translated Text] The Swedish government has had enough of a lack of answers from the American government on the imprisoned Swede on Cuba. Yesterday [3 September] the US Ambassador was called to the Foreign Ministry. The 23-year-old Swede was arrested on the border between Afghanistan and Pakistan in December of last year. A month later he was flown to Guantanamo Bay Base on Cuba. The US suspects that he belongs to the terrorist network al-Qaida. Yesterday, US Ambassador Charles Heimbold was called to the Swedish Foreign Ministry to answer questions. Cabinet Secretary Hans Dahlgren demanded answers to three questions: • What is the 23-year old accused of? • What does the continued legal process look like? • Have the letters that were sent to him from family arrived? The meeting between the Ambassador and the Cabinet Secretary took place a month after the US Charge d'Affaires was called to the Foreign Ministry on the same matter.
    [Show full text]
  • "Los Prisioneros De Guantánamo Y El Derecho Internacional Humanitario" Campus Central Guatemala De La Asunción, Mayo
    UNIVERSIDAD RAFAEL LANDÍVAR FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES LICENCIATURA EN CIENCIAS JURÍDICAS Y SOCIALES "LOS PRISIONEROS DE GUANTÁNAMO Y EL DERECHO INTERNACIONAL HUMANITARIO" TESIS DE GRADO ALEJANDRO VIDES LANTZENDORFFER CARNET 20460-06 GUATEMALA DE LA ASUNCIÓN, MAYO DE 2017 CAMPUS CENTRAL UNIVERSIDAD RAFAEL LANDÍVAR FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES LICENCIATURA EN CIENCIAS JURÍDICAS Y SOCIALES "LOS PRISIONEROS DE GUANTÁNAMO Y EL DERECHO INTERNACIONAL HUMANITARIO" TESIS DE GRADO TRABAJO PRESENTADO AL CONSEJO DE LA FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES POR ALEJANDRO VIDES LANTZENDORFFER PREVIO A CONFERÍRSELE EL GRADO ACADÉMICO DE LICENCIADO EN CIENCIAS JURÍDICAS Y SOCIALES GUATEMALA DE LA ASUNCIÓN, MAYO DE 2017 CAMPUS CENTRAL AUTORIDADES DE LA UNIVERSIDAD RAFAEL LANDÍVAR RECTOR: P. MARCO TULIO MARTINEZ SALAZAR, S. J. VICERRECTORA ACADÉMICA: DRA. MARTA LUCRECIA MÉNDEZ GONZÁLEZ DE PENEDO VICERRECTOR DE ING. JOSÉ JUVENTINO GÁLVEZ RUANO INVESTIGACIÓN Y PROYECCIÓN: VICERRECTOR DE P. JULIO ENRIQUE MOREIRA CHAVARRÍA, S. J. INTEGRACIÓN UNIVERSITARIA: VICERRECTOR LIC. ARIEL RIVERA IRÍAS ADMINISTRATIVO: SECRETARIA GENERAL: LIC. FABIOLA DE LA LUZ PADILLA BELTRANENA DE LORENZANA AUTORIDADES DE LA FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES DECANO: DR. ROLANDO ESCOBAR MENALDO VICEDECANA: MGTR. HELENA CAROLINA MACHADO CARBALLO DIRECTOR DE CARRERA: LIC. ERICK MAURICIO MALDONADO RÍOS DIRECTOR DE CARRERA: MGTR. JUAN FRANCISCO GOLOM NOVA DIRECTORA DE CARRERA: MGTR. ANA BELEN PUERTAS CORRO NOMBRE DEL ASESOR DE TRABAJO DE GRADUACIÓN MGTR. CLAUDIA MARIA LÓPEZ DAVID TERNA QUE PRACTICÓ LA EVALUACIÓN MGTR. ERICK MAURICIO MALDONADO RIOS El autor será el único responsable del contenido y conclusiones del presente trabajo. DEDICATORIA Dedico el presente trabajo: A Dios. Por haberme permitido llegar hasta este punto y todos los milagros concedidos en el camino.
    [Show full text]
  • Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law? Ellen Yaroshefsky
    Hofstra Law Review Volume 36 | Issue 2 Article 18 2007 Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law? Ellen Yaroshefsky Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Yaroshefsky, Ellen (2007) "Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law?," Hofstra Law Review: Vol. 36 : Iss. 2 , Article 18. Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol36/iss2/18 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Yaroshefsky: Military Lawyering at the Edge of the Rule of Law at Guantanamo: MILITARY LAWYERING AT THE EDGE OF THE RULE OF LAW AT GUANTANAMO: SHOULD LAWYERS BE PERMITTED TO VIOLATE THE LAW? Ellen Yaroshefsky* I. INTRODUCTION "Where were the lawyers?" is the familiar refrain in the legal profession's reflection on various corporate scandals.' What is the legal and moral obligation of lawyers who have knowledge of ongoing illegality and criminal behavior of their clients? What should or must those lawyers do? What about government lawyers who have knowledge of such behavior? This Article considers that question in the context of military lawyers at Guantanamo-those lawyers with direct knowledge of the treatment of prisoners at Guantanamo, treatment criticized throughout the world as violative of fundamental principles of international law.
    [Show full text]
  • Lessons from Guantánamo Bay Introduction
    COMMENT Certification as Sabotage: Lessons from Guantánamo Bay introduction One of President Obama’s most public failures was his inability to close the prison at Guantánamo Bay. He had campaigned against the facility throughout the 2008 election,1 and on his second day in office signed an executive order or- dering the base closed within a year.2 But eight years later the prison remained defiantly open. A major reason for this failure was congressional opposition.3 While this op- position took different forms, one critical tool has received little attention: the certification requirements that governed the transfers of detainees from Guantá- namo to foreign countries. Beginning in late 2010, Congress demanded that, prior to a detainee transfer, the Secretary of Defense certify that the receiving country had taken the steps “necessary to ensure that the individual cannot en- gage or re-engage in any terrorist activity.”4 While the precise language of this certification changed over time, its effect was the same: Congress’s requirements 1. See, e.g., Elizabeth White, Obama Says Gitmo Facility Should Close, WASH. POST (June 24, 2007), http://www.washingtonpost.com/wp-dyn/content/article/2007/06/24/AR20070624 01046.html [http://perma.cc/6X5X-SU29]. 2. Exec. Order No. 13,492, 74 Fed. Reg. 4,897 (Jan. 27, 2009). 3. See, e.g., Jeremy Herb, Obama Slams Congress for Blocking Efforts To Close Gitmo, POLITICO (Jan. 19, 2017), http://www.politico.com/story/2017/01/obama-congress-guantanamo-bay -233859 [http://perma.cc/6MSS-4XLT] (describing President Obama criticizing Congress “for playing politics in repeatedly blocking his effort to close the terrorist prison”);see also infra notes 42-51 and accompanying text.
    [Show full text]
  • Leaving Guantanamo
    JANUARY 2012 HASC COMMITTEE PRINT 112-4 2120 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515 202.225.4151 ARMEDSERVICES.HOUSE.GOV LEAVING GUANTANAMO LEAVING As of September 2011, the LEAVING U.S. government believed that 27 percent of former GTMO detainees were confi rmed or suspected to have been engaged GUANTANAMO in terrorist or insurgent activities. POLICIES, PRESSURES, AND DETAINEES RETURNING TO THE FIGHT SUSPECTED OR CONFIRMED HASC 71-370_cover.indd 1 3/14/12 12:44 PM JANUARY 2012 HASC COMMITTEE PRINT 112-4 2120 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515 202.225.4151 ARMEDSERVICES.HOUSE.GOV LEAVING GUANTANAMO LEAVING As of September 2011, the LEAVING U.S. government believed that 27 percent of former GTMO detainees were confi rmed or suspected to have been engaged GUANTANAMO in terrorist or insurgent activities. POLICIES, PRESSURES, AND DETAINEES RETURNING TO THE FIGHT SUSPECTED OR CONFIRMED HASC 71-370_cover.indd 1 3/14/12 12:44 PM SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS of the COMMITTEE ON ARMED SERVICES U.S. HOUSE OF REPRESENTATIVES 71-370_text_CX.indd i 3/23/12 8:55 AM ….we have been very selective in terms of returning people. One of the things we have discovered over time is that we are not particularly good at predicting which returnee will be a recidivist. Some of those that we have considered the most dangerous and who have been released or who we considered dangerous and potentially going back into the fi ght have not, and some that we evaluated as SECRETARY OF DEFENSE ROBERT GATES not being much of a danger or much of a risk FEBRUARY 17, 2011 we have discovered in the fi ght.
    [Show full text]
  • The Continuing Pursuit of Unchecked Executive Power 13 May 2005 AI Index: AMR 51/063/2005
    Public amnesty international UNITED STATES OF AMERICA Guantánamo and beyond: The continuing pursuit of unchecked executive power 13 May 2005 AI Index: AMR 51/063/2005 I used to think that America had respect for human rights when it came to prison. Mohammed Nechle, extrajudicially removed from Bosnia and Herzegovina by US agents1 My husband is a tall man with black hair and black eyes…He is now imprisoned in Guantánamo. We don’t know why. Wife of Mohammed Nechle, Algerian national, 20042 Public ........................................................................................................................ - 1 - UNITED STATES OF AMERICA .......................................................................... - 1 - Guantánamo and beyond: The continuing pursuit of unchecked executive power .. - 1 - 1. Summary: The pursuit of unfettered executive power .................................. - 3 - 2. Violating human rights erodes security and trust in government ............... - 10 - 3. Guantánamo detainees – the international legal framework ....................... - 13 - 4. Hypocrisy vs. human rights ........................................................................ - 15 - 5. Human rights law rejected by a war mentality ........................................... - 28 - 6. Seeking to render the Rasul decision meaningless ..................................... - 45 - 7. A judge with security credentials takes a more critical view ..................... - 52 - 8. The Combatant Status Review Tribunal – no laughing matter ..................
    [Show full text]
  • American Dream for This Generation and the Next.” — Senator Jim Demint (R-S.C.)
    What leaders say about Heritage’s plan for: AMERIC A N DRE A M “Getting our country’s fiscal house in order is no easy task. Thankfully, our friends at The Heritage Foundation have done the hard work of thinking through and creating public policies that get government under control and save the American dream for this generation and the next.” — Senator Jim DeMint (R-S.C.) “The analysis of our fiscal problems is compelling, and the proposed solution is bold and imaginative.” — Ambassador John Bolton “The Heritage Foundation’s plan to save the American dream would create economic certainty for businesses by putting our nation on a more stable economic course and giving businesses the freedom to expand.” — Andrew F. Puzder, CEO of CKE Restaurants Inc. (Hardee’s and Carl’s Jr.) “… a plan that truly reforms… This plan is the cure for our ‘disease.’” — Cal Thomas, Syndicated Columnist “Comprehensive tax reform is an essential element of restoring fiscal sanity and spurring economic growth in the country. The Heritage Foundation’s proposal moves the country’s tax code in the right direction toward a more low-rate, flat tax.” — Arthur B. Laffer, Ph.D., the Father of Supply-Side Economics “America does not have to be a country in decline. Do we have choices to make? Yes. And I encourage anyone who is serious about making the right choices to read The Heritage Foundation’s plan to fix the debt, cut spending, and restore prosperity.” — Steve Forbes, Editor-in-Chief, Forbes magazine 214 Massachusetts Avenue N.E. n Washington, D.C.
    [Show full text]