Is President Obama Planning an Executive Order for the Closure of Guantánamo?

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.

Last Thursday, out of the blue, Carol E. Lee and Jess Bravin of the Wall Street Journal reported that senior Obama administration officials had told them that the White House was drafting options that would allow President Obama to close the “war on terror” prison established by President Bush at Guantánamo Bay, Cuba, through the use of an executive order.

Such an order would bypass lawmakers in Congress, who have imposed a ban on bringing prisoners to the US mainland since 2010, in response to President Obama’s proposal to transfer prisoners from Guantánamo to a maximum-security prison in Thomson, Illinois. Lawmakers have also passed legislation designed to make it difficult to release prisoners to other countries.

Reading on, it became apparent that this was only an option being considered. As the article explained, the officials said that President Obama “strongly prefers a legislative solution over going around Congress.” However, because, as one official said, the president is “unwavering in his commitment” to closing the prison, which he promised to close on his second day in office, he “wants to have all potential options available on an issue he sees as part of his legacy.” Read the rest of this entry »

Senate Passes Bill to Help Close Guantánamo; Now President Obama Must Act

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.

It’s rare that there is good news about Guantánamo, and even rarer that the good news involves Congress. However, on Tuesday, the Senate accepted a version of the annual National Defense Authorization Act, which originated in the Senate Armed Services Committee, and was put forward by the chair, Sen. Carl Levin, along with Sen. John McCain.

The Levin-McCain version of the NDAA is intended to make it much easier than it has been for the last three years for President Obama to release cleared prisoners from Guantánamo, and to seriously revisit his failed promise to close the prison once and for all, and we note, with thanks, the efforts of Senators and officials in the Obama administration to secure this victory.

This important version of the NDAA contains provisions relating to Guantánamo which allow President Obama to release prisoners to other countries without the onerous restrictions imposed by Congress for the last three years. These restrictions have led to the number of released prisoners dwindling to almost zero, even though 84 of the remaining 164 prisoners were cleared for release from the prison in January 2010 by a high-level, inter-agency task force appointed by President Obama shortly after he took office in 2009. Read the rest of this entry »

Will Carl Levin’s Amendments to the NDAA Help President Obama Close Guantánamo?

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.

Ever since President Obama took office in January 2009, and almost immediately promised to close George W. Bush’s “war on terror” prison at Guantánamo Bay, Cuba, he has faced opposition from Congress. Lawmakers only took four months to begin passing legislation designed to tie his hands, and, in recent years, they have imposed restrictions of increasing severity designed to keep Guantánamo open, and to prevent any more prisoners from being released, for reasons that involve either hysteria, cynical fearmongering or bleak games of political football.

It is to be hoped that this situation is about to come to an end, with some decisive intervention by key lawmakers in Congress, but it is never worth holding one’s breath for justice to be done where Guantánamo is concerned.

Rebellions in Congress, 2009-2012

The first rebellion against the president’s promise to close Guantánamo came in May 2009, when the Senate voted, by 90 votes to 6, to eliminate $80 million from planned legislation intended to fund the closure of Guantánamo, and to specifically prohibit the use of any funding to “transfer, relocate, or incarcerate Guantánamo Bay detainees to or within the United States.” Only six Democrats voted against the legislation, and three others abstained. Read the rest of this entry »

Tom Wilner: President Obama Could Close Guantánamo Tomorrow If He Wanted To

The following article was published yesterday on 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.

Here at “Close Guantánamo,” we are sad to report that, since the release of two Algerian prisoners two weeks ago, no further prisoners have yet been freed, even though 84 of the remaining 164 prisoners were cleared for release in January 2010 by an inter-agency Guantánamo Review Task Force established by President Obama when he first took office.

Moreover, some of these men were cleared for release many years before, by military review boards under the Bush administration, and yet they are all still held, because of Congressional obstruction, and because President Obama is unwilling to spend political capital to overcome those obstacles, and do what is necessary to show that America can still believe in justice.

Guantánamo has been back in the news this year, because the prisoners, risking their lives, embarked on a prison-wide hunger strike to show their despair at ever being released or given any form of justice, and the world’s media picked up on it. The pressure forced President Obama to promise, in a major speech on national security issues on May 23, to resume releasing prisoners from Guantánamo, but, as is shown by the GTMO Clock we established to show how long it is since the promise, and how many men have been freed, it is now 114 days, and just two men have been released. In Guantánamo, meanwhile, seven months after the hunger strike began, 18 men are still being force-fed. Read the rest of this entry »

Judge Calls for An End to Unjust Provisions Governing Guantánamo Prisoners’ Habeas Corpus Petitions

In preventing the release of prisoners from Guantánamo, all three branches of the US government are responsible. President Obama promised to close the prison within a year of taking office, but he lacked a concrete plan, and soon caved in to criticism, blocking a plan by White House counsel Greg Craig to bring some cleared prisoners who couldn’t be safely repatriated — the Uighurs, Muslims from China’s Xinjiang province — to live in the US, and imposing a ban on releasing all Yemenis after it was discovered that a failed plot to blow up a plane bound for the US on Christmas Day 2009 was hatched in Yemen.

Congress, in turn, imposed ban on bringing prisoners to the US mainland, and, in the last two versions of the National Defense Authorization Act, a ban on releasing prisoners to any country where even a single released prisoner has allegedly engaged in recidivism (returning to the battlefield), and a requirement that, if a prisoner were to be released, the Secretary of Defense would have to certify that they would not be able, in future, to engage in any terrorist activities — a requirement that appears to be impossible to fulfill.

Largely overlooked has been the responsibility of the judiciary — and specifically, the Court of Appeals in Washington D.C. (the D.C. Circuit Court), and the Supreme Court, but their role in keeping men at Guantánamo is also crucial.

Nine years ago, in June 2004, in Rasul v. Bush, the Supreme Court granted the prisoners habeas corpus rights, a momentous ruling that pierced the veil of secrecy that had allowed the Bush administration to establish a torture regime at Guantánamo, and also allowed the prisoners to be represented by lawyers, who were allowed to visit them. Read the rest of this entry »

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 »

European Parliament to Debate Motion Calling for Closure of Guantánamo

Tomorrow, just before President Obama delivers a major speech on national security issues — including his policy on Guantánamo, still gripped by a prison-wide hunger strike by men in despair at ever being released or receiving justice — the European Parliament will be discussing and voting on a resolution reiterating previous calls for President Obama to close Guantánamo as he promised when he took office in January 2009.

Delayed from last month, this arrives at a perfect time, reminding President Obama that his obligations towards the men abandoned at Guantánamo — by all three branches of the US government over the last three years — are not just a domestic matter, but an international one, and that further delays in addressing the complaints of the hunger strikers are unconscionable.

In brief, 86 of the 166 men still held were cleared for release over three years ago by an inter-agency task force established by President Obama when he took office; 46 others were consigned to indefinite detention without charge or trial by President Obama in an executive order two years ago, when they were promised periodic reviews of their cases that have not taken place; and the rest were supposed to be put on trial, although only six have been charged. All the men, therefore, have legitimate reasons for feeling abandoned by their jailers, and for seeking immediate action to secure their release, a review of their cases, or fair trials. Read the rest of this entry »

Guantánamo Hunger Strike: Obama Administration Hints at Progress on Releasing Yemenis

100 days after the majority of the remaining 166 prisoners in Guantánamo embarked on a hunger strike, and after a weekend of actions in the US, the UK and elsewhere to highlight the continuing injustice of the prison, the world is waiting — again — to hear from President Obama.

As news of the hunger strike filtered out of the prison in late February, and, throughout March, spread like wildfire throughout the world’s media, attracting criticism of the administration from the International Committee of the Red Cross and the United Nations, as well as critical coverage in the US, President Obama remained silent.

Three weeks ago, President Obama finally broke his silence, delivering a speech at a news conference in which, as I explained here, he eloquently explained why Guantánamo is such an abomination, but failed to accept his own responsibility for the prison’s continued existence, blaming Congress and claiming that all he could do was to go back to lawmakers to seek their cooperation.

Whilst it is certainly true that lawmakers have raised huge obstacles to prevent the release of prisoners and the closure of the prison, it is also true that President Obama personally imposed a ban on releasing any of the cleared Yemenis who make up 56 of the 86 men still held whose release was recommended by the President’s own inter-agency task force back in January 2010, following a failed airline bomb plot on Christmas Day 2009, which was hatched in Yemen. Read the rest of this entry »

Eloquent But Unconvincing: President Obama’s Response to the Guantánamo Hunger Strike

On Tuesday, President Obama gave his first detailed response to the prison-wide hunger strike that has been raging at Guantánamo for twelve weeks, responding to a question posed at a news conference by CBS News correspondent Bill Plante, who asked, “As you’re probably aware, there’s a growing hunger strike at Guantánamo Bay among prisoners. Is it any surprise really that they would prefer death rather than have no end in sight to their confinement?”

The question, presumably, was allowed because the President had decided that he could no longer avoid discussing the hunger strike that, at any moment, could result in the death of one of the many men starving themselves to focus the world’s attention on their plight. According to the government, 100 men of the remaining 166 prisoners are on a hunger strike, although the prisoners say the true number is 130.

Precipitated by the deployment of a new and aggressive guard force at Guantánamo, who manhandled the prisoners’ Korans during searches of the men’s cells that were of unusual intensity, the hunger strike began on February 6 and rapidly became a focal point for the prisoners’ despair at having been abandoned by all three branches of the US government, and by the mainstream media.

Although 86 of the remaining prisoners were cleared for release from Guantánamo by an inter-agency task force that President Obama established when he took office in January 2009 (when he promised to close Guantánamo within a year), they are still held because of obstructions raised by the President himself, and by Congress. Read the rest of this entry »

Eleven Years of Guantánamo: End This Scandal Now!

Eleven years ago, on January 11, 2002, the Bush administration proudly presented to the world one of its major responses to the terrorist attacks of September 11, 2001 — a prison on the grounds of the US naval base in Guantánamo Bay, Cuba, designed to hold hundreds of men and boys seized in the “war on terror” that was declared in the wake of the attacks, where the prisoners were to be neither criminals not soldiers, but “enemy combatants” without any rights whatsoever.

The base was chosen because it was presumed to be beyond the reach of the US courts, and when the prisoners were deliberately excluded from the protections of the Geneva Conventions, in a directive issued by President Bush on February 7, 2002, it became a genuinely evil experiment, devoted to torture and other forms of coercion, indefinite detention without charge or trial, and the extraction of false statements from the prisoners that were then dressed up as evidence to justify holding them.

This was in spite of the fact that, for the most part, the prisoners knew nothing about Al-Qaeda or international terrorism, and were sold to US forces for bounty payments by their Afghan and Pakistani allies, or seized as a result of inept US intelligence. Many of the prisoners were living in Pakistan or visiting Pakistan, or were visiting Afghanistan as missionaries, humanitarian aid workers, refugees or economic migrants. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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