As $738 Billion Defense Bill Is Passed, Guantánamo Prisoners Are Ignored by Congress

A collaged image of the US Congress, and a prisoner at Guantánamo.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.




 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Two months ago, I reviewed the situation at Guantánamo as it relates to Congress, providing a succinct summary of the extent to which Congress has — and hasn’t — been involved in establishing and maintaining the prison since it first opened nearly 18 years ago, and establishing that Congress has largely been complicit in the existence of Guantánamo.

Lawmakers facilitated its creation under George W. Bush, and, when both the Senate and the House were controlled by Republicans under Barack Obama, imposed restrictions on Obama’s efforts to close the prison, in the annual National Defense Authorisation Act (NDAA), that largely remain in place today.

These restrictions — on the countries to which prisoners can be released, on the transfer of any prisoner to the US mainland for any reason, and on spending any money to create a replacement for Guantánamo on the US mainland, or to close the facility in Cuba — largely make no difference under Donald Trump, because Trump has no interest in releasing prisoners, or in closing Guantánamo under any circumstances. As Military.com explained, the requirements regarding Guantánamo in the NDAA “fall in line with Trump’s Jan. 2018 executive order to keep Guantánamo open indefinitely.”

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Close Guantánamo’s Aims for 2020’s Presidential Election Year – and New Campaign Posters

Campaigners outside the White House calling for the closure of the prison at Guantánamo Bay on January 11, 2012, the 10th anniversary of the opening of the prison.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

For those of us who care about the ever-pressing need for the prison at Guantánamo Bay to be shut down for good, the coming year is going to be challenging.

As long as Donald Trump remains president, and, frankly, as long as Republicans retain control of either the Senate or the House of Representatives, it is reasonable to assume that there will be no movement whatsoever towards the closure of Guantánamo.

Forgotten or ignored, Guantánamo may not even be mentioned at all on the presidential trail, but we’ll be doing our best to make America remember this stain on its national conscience, where 40 men are still held, for the most part without charge or trial, in defiance of all the legal and judicial values the US claims to hold dear.

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Closing Guantánamo, the Democrats and the NDAA

Campaigners calling for the closure of the prison at Guantánamo Bay walk past Congress on January 11, 2012, the 10th anniversary of the opening of the prison.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

In the long and dispiriting story of the prison at Guantánamo Bay, where, in defiance of its purported values, the US is holding men indefinitely without charge or trial, the role of Congress is not always well understood.

Under George W. Bush, lawmakers were largely compliant with the shameful innovations introduced after the terrorist attacks of September 11, 2001, passing the Authorization for Use of Military Force, the week after the attacks, which allowed the president to pursue anyone that he felt was associated with Al-Qaeda, the Taliban or associated forces, and to imprison them at the Guantánamo prison, which was deliberately established on the US naval base in Cuba to be beyond the reach of the US courts.

From the beginning, the men — and boys — held there were held without rights, and although long legal struggles led to them eventually securing habeas corpus rights, Congress fought back. However, when their habeas rights were eventually gutted of all meaning, the responsibility lay with ideologically malignant appeals court judges rather than Congress.

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Close Guantánamo: We Still Have Three Urgent Demands for President Obama

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

On Monday, President Obama fulfilled the first of three promises he made a month ago to resume releasing prisoners from Guantánamo, by appointing an envoy at the State Department to deal with prisoner transfers.

In a speech on national security issues on May 23, in which the President spoke at length about Guantánamo, he made the following promises: “I am appointing a new, senior envoy at the State Department and Defense Department whose sole responsibility will be to achieve the transfer of detainees to third countries. I am lifting the moratorium on detainee transfers to Yemen, so we can review them on a case by case basis. To the greatest extent possible, we will transfer detainees who have been cleared to go to other countries.”

In fulfilling the first promise, President Obama has appointed Clifford Sloan, described by The Hill as “a veteran Washington attorney and civil servant.” He was “an associate counsel to former President Clinton and an assistant to the solicitor general in the first Bush administration,” and also “worked as associate counsel in the Office of Independent Counsel investigating the Iran-Contra affair and clerked for Supreme Court Justice John Paul Stevens.” More recently, he was the publisher of Slate magazine, and legal counsel for the Washington Post‘s online operations. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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