As we approach the 12th anniversary of the opening of the Bush administration’s “war on terror” prison at Guantánamo Bay, Cuba (on January 11, 2014), it remains profoundly unacceptable that, of the remaining 164 prisoners, 84 were cleared for release nearly four years ago, in January 2010, by a high-level, inter-agency task force appointed by President Obama shortly after he took office in 2009.
These men are still held because of legislative obstacles raised by Congress in the National Defense Authorization Act, which are designed to prevent prisoners from being released, and because President Obama has been unwilling to spend political capital challenging Congress or bypassing lawmakers using a waiver in the NDAA.
In the cases of two-thirds of the cleared prisoners, an additional complication, until recently, was that they are Yemeni citizens, and after Umar Farouk Abdulmutallab, a NIgerian recruited in Yemen, tried and failed to blow up a bomb on a plane bound for Detroit in December 2009, President Obama imposed a ban on releasing Yemenis from Guantánamo, which he only lifted in May this year, in a major speech on national security issues. Read the rest of this entry »
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 »
In the long and ignoble history of the “war on terror” prison at Guantánamo Bay, Cuba, those who have fought to secure its closure have generally labored without the kind of celebrity endorsement that tends to secure mass appeal for political causes. This year, however, celebrities began to take notice when the majority of the 164 prisoners still held embarked on a hunger strike to draw the world’s attention to their ongoing plight, and to remind people that over half of them — 84 men in total — had been cleared for release by an inter-agency task force that President Obama established shortly after taking office In January 2009.
The fact that these men were still held — and that justice appeared to have gone AWOL in the cases of the majority other prisoners still held — encouraged the best-selling novelist John Grisham to write an op-ed about Guantánamo for the New York Times on August (which I wrote about here), focusing on the case of Nabil Hadjarab, an Algerian national, who, Grisham discovered, had been prevented from reading his books. Nabil was freed soon after, although sadly the decision by the British singer-songwriter P.J. Harvey to record a song about Shaker Aamer, the last British resident in the prison, did not lead to his release, although nearly 100,000 people have listened to the song.
The latest celebrity to call for the closure of Guantánamo is Esperanza Spalding, a singer, songwriter and bassist who won a Grammy for Best New Artist in 2011. Her song, “We Are America,” with its accompanying video that features cameos by Stevie Wonder, Harry Belafonte and Janelle Monáe, is posted below, and is excellent — a soulful call for justice that ought to be rallying cry for all Americans who believe in the law, and who ought to be appalled that men are being held indefinitely without charge or trial at Guantánamo. Read the rest of this entry »
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.
The short answer to the question, “Will the End of War in Afghanistan Spur Obama to Close Guantánamo?” is probably no, for reasons I will explain below, although it is, of course, significant to numerous interested parties that the withdrawal of US troops from Afghanistan next year provides an opportunity for new discussions about the ongoing detention of 164 prisoners at Guantánamo, and, probably, new legal challenges on their behalf.
On October 18, the Washington Post discussed these issues in an article entitled, “Afghan war’s approaching end throws legal status of Guantánamo detainees into doubt,” in which Karen DeYoung suggested, “The approaching end of the US war in Afghanistan could help President Obama move toward what he has said he wanted to do since his first day in office: close the US prison at Guantánamo Bay, Cuba.”
The article described how officials in the Obama administration were “examining whether the withdrawal of US troops at the end of 2014 could open the door” for some of the remaining 164 prisoners “to challenge the legal authority of the United States to continue to imprison them.” Read the rest of this entry »
For seven and a half years now, I have watched as the United States has tried and failed to make its trial system at Guantánamo — the military commissions — function in a way that has any kind of legitimacy.
That, however, is impossible, because the trials involve made-up war crimes, invented by Congress, and, as we see on a regular basis when pre-trial hearings are held in the cases of Khalid Sheikh Mohammed (KSM) and four other men accused of involvement in the 9/11 attacks, because there is an unresolvable tension at the heart of the most serious trials — those involving the “high-value detainees,” like KSM and his co-defendants, and also Abd al-Rahim al-Nashiri, another “high-value detainee” charged with involvement in the bombing of the USS Cole in 2000, all of whom were held — and tortured — in secret “black sites” run by the CIA in countries including Thailand and Poland.
This tension was highlighted in “You Can’t Gag Somebody and Then Want to Kill Them,” an article for the Huffington Post last week by Katherine Hawkins, a researcher and lawyer who recently worked as the Investigator for the Constitution Project’s Task Force on Detainee Treatment, whose powerful report I discussed here. Read the rest of this entry »
Today the GTMO Clock, an initiative launched by the “Close Guantánamo” campaign in August, marks a sad anniversary — 150 days since President Obama promised to resume releasing prisoners from Guantánamo who were cleared for release by an inter-agency task force he appointed when he took office in 2009. Although 86 men (out of 166 prisoners in total) were cleared for release when the president made his promise on May 23, just two of those 86 men have been freed in the last five months.
Please visit the GTMO Clock site, like it, share it and tweet it if you regard this as unacceptable.
President Obama made his promise in a major speech on national security issues, when he stated, “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.”
Since that speech, two envoys have been appointed — Cliff Sloan at the State Department (in June), and Paul M. Lewis at the Pentagon, in an appointment announced two weeks ago. Sloan, described by The Hill as “a veteran Washington attorney and civil servant,” clerked for Supreme Court Justice John Paul Stevens, and, more recently, was the publisher of Slate magazine, and legal counsel for the Washington Post‘s online operations. Lewis has served as General Counsel for the House Armed Services Committee, and the director of the Office of Legislative Counsel in the Office of the General Counsel of the Department of Defense. He begins his job on November 1. Read the rest of this entry »
I wrote the following article — under the heading, “Progress on Guantánamo,” 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.
Progress towards closing the prison at Guantánamo Bay — or even getting men freed who have been cleared for release by a government task force — has become such a slow and difficult process that any positive developments must be greeted with a sense of relief that at least something is being done.
In the last week, three developments that offer some hope have taken place — the appointment of a “Special Envoy for Guantánamo closure” in the Pentagon; the decision by the Justice Department not to contest the habeas corpus petition of a severally mentally ill prisoner; and the start of a review process for the majority of the 80 prisoners still held at Guantánamo who are not amongst the 84 prisoners who were cleared for release by President Obama’s inter-agency Guantánamo Review Task Force in January 2010.
The fact that 84 prisoners who were cleared for release nearly four years ago are still held shows the extent to which progress towards closing Guantánamo has almost ground to a halt. Read the rest of this entry »
What will it take to free Shaker Aamer, the last British resident in the US prison at Guantánamo Bay? Cleared for release in 2007 under President Bush, and again in 2010 under President Obama, he languishes still in Guantánamo, separated from his British wife and his four British children, because President Obama cannot be bothered to muster the political will to send him home to his family, and the British government may also be to blame, despite claims to the contrary, and despite a request for his return that was made to Barack Obama by David Cameron at a meeting in June.
On Wednesday, Reprieve, the London-based legal action charity whose lawyers represent 15 prisoners still held at Guantánamo, including Shaker Aamer, issued a press release announcing that, in the latest attempt to put pressure on the British government, he has “filed a complaint against the UK security services over their continuing involvement in his detention without charge or trial.”
Shaker has submitted his complaint to the Investigatory Powers Tribunal (IPT), which “investigates complaints about the conduct of the UK’s intelligence agencies,” although it is “also highly secretive and provides a one-sided process in which the citizen hears at best very little — and usually nothing at all — about the case put against them.” In his complaint, Shaker states, “The actions of the [UK] security services have prevented [my] release due to defamatory statements that have no basis in honest fact.” Read the rest of this entry »
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. Please also visit, like, share and tweet the GTMO Clock website, which we established in July to monitor how long it has been since President Obama promised to resume releasing cleared prisoners from Guantánamo, and how many of those men have been released.
Four months ago, on May 23, President Obama delivered a major speech on national security issues, in which he promised to resume releasing cleared prisoners from Guantánamo. At the time, of the remaining 166 prisoners, 86 had been cleared for release in January 2010 by an inter-agency task force of officials from the major government departments and the intelligence agencies, which the president had established shortly after taking office in January 2009.
These men were still held for a variety of reasons. One reason was the onerous restrictions imposed by Congress, where lawmakers sought to prevent the release of prisoners under any circumstances, insisting that the defense secretary would have to certify that any prisoner he sought to release would be unable to engage in terrorism in the future. Another reason was a ban on releasing cleared Yemeni prisoners, who comprise 56 of those cleared for release but still held, which President Obama imposed in January 2010, after a failed airline bomb plot that was hatched in Yemen.
On May 23, while promising to resume releasing prisoners, President Obama also dropped his ban on releasing any of the cleared Yemenis, but since then no Yemenis have been freed, and just two prisoners out of the 86 — both Algerians — have been released, after the administration made the necessary certifications to Congress. Read the rest of this entry »
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 »
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