Six Months of Trump: Is Closing Guantánamo Still Possible?

A collage of Donald Trump and the sign for Camp Delta at Guantanamo Bay.Please support my work! 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.

 

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.

Just a few days ago, we passed a forlorn milestone: six months of the presidency of Donald Trump. On every front, this first six months has been a disaster. Trump humiliates America on the international stage, and at home he continues to head a dysfunctional government, presiding by tweet, and with scandal swirling ever closer around him.

On Guantánamo, as we have repeatedly noted, he has done very little. His initial threats to send new prisoners there, and to revive CIA “black sites,” have not materialized. However, if he has not opened the door to new arrivals, he has certainly closed the door on the men still there.

These include, as Joshua A. Geltzer, the senior director for counterterrorism at the National Security Council from 2015 until Trump took office, wrote in “Is Closing Guantánamo Still Conceivable?,” a recent article for the Atlantic, “the five still held at Guantánamo despite being recommended for transfer.” He added, “This official designation refers to those still believed to be lawfully detained under the law of war, but unanimously recommended for repatriation or resettlement by an interagency group of career officials. In other words, their continued detention has been deemed unnecessary, assuming an appropriate country can be identified to accept them under conditions that ensure their humane treatment and address any lingering threat they might pose.” Read the rest of this entry »

“Choose Peace”: An Inspiring Message of Tolerance From Former Guantánamo Prisoner and Torture Victim Mustafa Ait Idir

Former Guantanamo prisoner Mustafa Ait Idir, photographed after his release from Guantanamo in December 2008 (Photo: Amer Kapetanovic).Please support my work! 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.

 

Last year, I was honored to be asked to write a short review to promote a Guantánamo memoir by two former prisoners, Lakhdar Boumediene and Mustafa Ait Idir, two of six Algerians living and working in Bosnia-Herzegovina, who had been kidnapped by the US authorities in January 2002 and flown to Guantánamo, where they were severely abused. The US authorities mistakenly thought they were involved in a plot to bomb the US embassy in Sarajevo, despite no evidence to indicate that this was the case. Before their kidnapping, the Bosnian authorities had investigated their case, as demanded by the US, but had found no evidence of wrongdoing. However, on the day of their release from Bosnian custody, US forces swooped, kidnapping them and beginning an outrageous ordeal that lasted for six years.

Five of the six — including Boumediene and Ait Idir — were eventually ordered released by a federal court judge, who responded to a habeas corpus petition they submitted in 2008, after the Supreme Court granted the Guantánamo prisoners constitutionally guaranteed habeas corpus rights, by telling the US government, in no uncertain terms, that they had failed to establish that they had any connection to Al-Qaeda or had any involvement in terrorism.

Ait Idir, who had worked for Qatar Charities in Bosnia before his capture, where he had been widely recognized as a talented athlete and coach, was returned to his wife and family in Sarajevo, where he is now a computer science teacher at a secondary school, while Boumediene, an aid worker for the Red Crescent Society in Bosnia before his kidnapping, who gave his name to the Supreme Court case establishing the prisoners’ habeas rights, was resettled in France in May 2009. Read the rest of this entry »

Donald Trump’s Stumbling Efforts to Revive Guantánamo

A collage of images of Donald Trump and Guantanamo on its first day back in January 2002.Please support my work! 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.

 

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.

On Guantánamo, Donald Trump has, essentially, done nothing since he took office, despite promising, on the campaign trail, to fill the prison “with bad dudes,” and to revive the use of torture. Shortly after he took office, a draft executive order was leaked, which saw him proposing to set up new “black sites,” and to send new prisoners to Guantánamo, but on the former he was shut down immediately by critics from across the political spectrum, and even from some of his own appointees, and on the latter we presumed that silence meant that he had been advised that it was not worth sending new prisoners to Guantánamo.

There are a number of reasons why this advice was to be expected: because the federal courts have such a good track record of dealing successfully with terrorism-related cases, and because the legislation authorizing imprisonment at Guantánamo — the Authorization for Use of Military Force, passed just days after the 9/11 attacks — focuses on 9/11, al-Qaeda, the Taliban and related forces, and not on newer threats — like Islamic State, for example, for which new legislation would be required.

As a result, although Guantánamo has almost entirely slipped off the radar, with the impression given that the men still held are trapped in a place that Trump has largely chosen to ignore, it has at least been reassuring that he has gone quiet on his previously-promised notions of reviving the prison. Read the rest of this entry »

Case of Al-Qaeda Suspect Captured in Yemen Seen As Test of Trump’s Plan to Send New Prisoners to Guantánamo

"Not one step back: Close Guantanamo" - campaigners outside the White House during the Obama presidency, with a message that may be even more significant under Donald Trump.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

For the New York Times on Monday, in ‘Case of Captive in Yemen Could Test Trump’s Guantánamo Pledge,’ Adam Goldman, Matt Apuzzo and Eric Schmitt wrote about the case of Abu Khaybar, an al-Qaeda suspect, around 40 years of age, who was seized in Yemen last fall, and “is being held there by another country, according to four current and former senior administration officials.” The authors added that “[t]he circumstances of his detention are not clear, but he is wanted on terrorism charges in New York.”

However, Abu Khaybar may also be wanted by Donald Trump, to send to Guantánamo, to follow up on his pledge to send new prisoners to the prison. As the authors note, his “suspected affiliation with Al Qaeda gives the United States clear authority to hold him” at Guantánamo, where the detention of prisoners is approved by the Authorization for Use of Military Force, passed in the days after the 9/11 attacks, which authorizes the president to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.”

As the Times noted, the new Attorney General, Jeff Sessions, “has repeatedly said that terrorists should not be prosecuted in civilian courts,” a worrying stance given that the military commissions at Guantánamo have been a colossal failure, while federal courts have proven more than capable of successfully prosecuting terrorists, something they have done throughout the last 15 years, even when the Bush administration was most aggressively touting Guantánamo as a new paradigm of detention. Read the rest of this entry »

Disgraceful: Trump Sacks Acting US Attorney General Sally Yates, Who Refused to Support His Vile Immigration Ban

Donald Trump and Sally Yates, the Acting Attorney General who he has sacked after she refused to cooperate with his disgraceful immigration ban.Please support my work! I’m currently trying to raise $2500 (£2000) to support my work over the first two months of the Trump administration.

 

Heroes abound in opposition to Donald Trump’s America — the lawyers filing habeas corpus petitions in airports, the citizens filling the streets with their voices and their indignation in huge numbers of cities across the land, and a handful of individuals whose objections have directly challenged the worst of his policies in his first turbulent ten days in office.

One is Judge Ann Donnelly, the federal court judge in Brooklyn who, on Saturday morning, issued a stay on the forced deportation of those on flights or in US airports who had been targeted by Trump’s outrageous immigration ban, barring entry to the US for anyone from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen for three months, and banning all Syrian refugees permanently (in defiance of the US’s refugee treaty obligations), and also, with utter contempt for their rights, banning re-entry to any permanent US resident from any of these countries who happened to have been abroad when the ban came into effect, as well as anyone with dual nationality (where one nationality includes any of the proscribed countries), including US citizens.

The ban has drawn widespread criticism and has sparked huge protests, and it is clear that it is absolutely unacceptable, as its claimed basis — to protect the US from terrorists — has no basis in reality, as just two US citizens a year from these seven countries are killed by immigrants who could be described as terrorists, compared to 21 a year killed by toddlers with guns, and 11,737 a year shot and killed by other Americans. 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.
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