Shutting the Door on Guantánamo: The Significance of Donald Trump’s Failure to Appoint New Guantánamo Envoys

Sunrise at Camp Delta, Guantanamo, August 14, 2016 (Photo: George Edwards).

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.

Last week, Vice News ran a noteworthy article, Trump hasn’t appointed anyone to keep track of released Guantánamo detainees, highlighting how the Trump administration’s lack of interest in understanding the nature of the prison at Guantánamo Bay is actually endangering national security.

As Alex Thompson reported, although Donald Trump “has vowed to take the detention center at Guantánamo Bay and fill it with ‘some bad dudes,’ … he hasn’t yet filled the top two positions in the federal government specifically tasked with overseeing the over 700 former detainees who’ve already been released to ensure they do not become security threats.”

Under President Obama, the job of monitoring former prisoners and “coordinating their transitions to civilian life” was largely fulfilled by “two small special envoy offices”: “one at the Department of Defense that reviews detainees considered for release and then tracks the intelligence community’s reports on them, and one at the State Department that helps coordinate communication between detainees and their lawyers, host-country governments, US embassies, and the Department of Defense.” Read the rest of this entry »

Donald Trump’s Latest Outrageous Guantánamo Lie

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 first 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 the morning of March 7, Donald Trump tweeted an outrageous lie about Guantánamo — “122 vicious prisoners, released by the Obama Administration from Gitmo, have returned to the battlefield. Just another terrible decision!”

That number, 122, was taken from a two-page “Summary of the Reengagement of Detainees Formerly Held at Guantánamo Bay, Cuba,” issued by the Office of the Director of National Intelligence in July 2016. The summaries are issued twice a year, and, crucially, what Trump neglected to mention is that 113 of the 122 men referred to in that summary were released under President Bush, and just nine were released under President Obama. In the latest ODNI summary, just released, the total has been reduced to 121, with just eight men released under President Obama.

This is a disgraceful lie to be circulated by the President of the United States, and it is depressing to note that it was liked by over 85,000 Twitter users, and that Trump apparently has no intention of withdrawing it. Read the rest of this entry »

Donald Trump Proposes to Keep Guantánamo Open, to Prevent Further Releases, and to Reintroduce Torture and “Black Sites”

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 first two 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 Wednesday our worst fears on Guantánamo and torture were confirmed, when the New York Times published a leaked draft executive order, “Detention and Interrogation of Enemy Combatants,” indicating that Donald Trump wants to keep Guantánamo open, wants to send new prisoners there, and wants to “suspend any existing transfer efforts pending a new review as to whether any such transfers are in the national security interests of the United States.” Trump also, it seems, wants to reinstate torture and the use of CIA “black sites.”

Specifically, the draft executive order proposes revoking the two executive orders, 13492 and 13491, that President Obama issued on his second day in office in January 2009 — the first ordering the closure of Guantánamo, and the second to close CIA “black sites,” to grant the International Committee of the Red Cross access to all prisoners, and to ensure that interrogators only use techniques approved in the Army Field Manual.

The draft executive order also proposes to “resurrect a 2007 executive order issued by President Bush,” as the New York Times put it, which “responded to a 2006 Supreme Court ruling about the Geneva Conventions that had put CIA interrogators at risk of prosecution for war crimes, leading to a temporary halt of the agency’s ‘enhanced’ interrogations program.” Read the rest of this entry »

Haji Ghalib, the Afghan Freed from Guantánamo Who Is Now Fighting Isis and the Taliban

Former Guantanamo prisoner Haji Ghalib, photographed after his release from Guantanamo in February 2007.When it comes to reports about prisoners released from Guantánamo, there has, since President Obama took office, been an aggressive black propaganda policy — firstly from within the Pentagon and latterly from the Office of the Director of National Intelligence — painting a false picture of the alleged rate of “recidivism” amongst former prisoners, a trend that has also been echoed in the mainstream media, which has repeatedly published whatever nonsense it has been told without questioning it, or asking for anything resembling proof from those government departments that are responsible. For some background, see my articles here, here, here and here – and my appearance on Democracy Now! in January 2010.

The three outstanding problems with the supposed recidivism rate — beyond the lamentable truth that no information backing up the claims has been made publicly available since 2009, and that the media should therefore have been very wary of it — are, firstly, that lazy or cynical media outlets regular add up the numbers of former prisoners described as “confirmed” and “suspected” recidivists to reach an alarming grand total, which, in recent years, is over 25% of those released, when the numbers of those “suspected” of recidivism are based on unverified, single source reporting, and may very well be unreliable. Back in March 2012, for example, as I explained in my article, “Guantánamo and Recidivism: The Media’s Ongoing Failure to Question Official Statistics,” Pentagon spokesman Lt. Col. Todd Breasseale said, “Someone on the ‘suspected’ list could very possibly not be engaged in activities that are counter to our national security interests.” (emphasis added).

The second huge problem with the reports is that even the “confirmed” rate is, very evidently, exaggerated, as it is, to be blunt, inconceivable that as many former prisoners as alleged can have been engaged in military or terrorist activities against the US. In the latest DNI report, for example, made available in September 2015, it is claimed that 117 former prisoners (17.9% of those released) are “Confirmed of Reengaging,” but no indication is given of how that can be possible. Claims can certainly be made for a few dozen “recidivists” — primarily in Afghanistan, and amongst those few former Gulf prisoners who apparently set up an Al-Qaeda offshoot in Yemen — but the figure of 117 is simply implausible. Read the rest of this entry »

Please Read “Dispelling the Myths of Guantánamo Bay,” Tom Wilner and Andy Worthington’s Chicago Tribune Op-Ed

Tom Wilner calling for the closure of Guantanamo outside the Supreme Court on January 11, 2012, the 10th anniversary of the prison's opening.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.

Yesterday, March 26, the Chicago Tribune ran an op-ed about Guantánamo by the co-founders of “Close Guantánamo,” Tom Wilner and Andy Worthington. Tom represented the Guantánamo prisoners in their Supreme Court cases in 2004 and 2008, and Andy is an independent journalist who has spent the last nine years working on Guantánamo.

The op-ed, “Dispelling the Myths of Guantánamo Bay,” is a response to recent inflammatory — and totally mistaken — comments made by Sen. Tom Cotton, the new Republican Senator for Arkansas. In a Senate Armed Services Committee hearing on February 5, Sen. Cotton said, “In my opinion, the only problem with Guantánamo Bay is there are too many empty beds and cells there right now. We should be sending more terrorists there. As far as I’m concerned, every last one of them can rot in hell. But as long as they can’t do that, they can rot in Guantánamo Bay.”

As Tom Wilner and I point out in our op-ed, Sen. Cotton’s “assumption” about the  Guantánamo prisoners “is both false and dishonest.” Of the 122 men still held, 56 have been approved for release by high-level, inter-agency review processes, and only ten have been referred for prosecution. 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 »

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 »

Can We Have A Discussion About Releasing the Majority of the Guantánamo Prisoners?

With the prison-wide hunger strike at Guantánamo now entering its third month, conditions at the prison have come under sustained scrutiny for the first time in many years, and media outlets, both domestic and international, have learned, or have been reminded that 166 men remain at the prison.

These men remain imprisoned despite President Obama’s promise to close Guantánamo, which he made when he first took office in January 2009, and despite the fact that over half of them — 86 in total — were cleared for release from the prison in 2009 by an inter-agency Guantánamo Review Task Force, established by the President to decide who should be freed and who should continue to be held.

For those of us who understand that Guantánamo will poison America’s moral standing as long as it remains open, the awakening or reawakening of interest in the prison — and the prisoners — is progress, although there is still some way to go before President Obama or lawmakers understand that they need to release prisoners, or face the very real prospect that everyone still held at Guantánamo will remain there until they die, even though the overwhelming majority have never been charged with any crime, and never will be. Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part Four of Ten)

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will hopefully be completed by 2013, although that is contingent on finding new funding.

This is Part 34 of the 70-part series. 422 stories have now been told. See the entire archive here.

In late April last year, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released.

This, as I explained, was the period in which, after the prisoners won a spectacular victory in the Supreme Court in June 2004, in Rasul v. Bush, when the Supreme Court granted them habeas corpus rights (in other words, the right to ask an impartial judge why they were being held), lawyers were allowed to meet the prisoners for the first time, and the secrecy that was required for Guantánamo to function as an interrogation center beyond the law was finally broken. Read the rest of this entry »

Guantánamo and Recidivism: New Report Debunks Government’s Inflated Claims

On Monday, the Center for Policy and Research at Seton Hall University School of Law in New Jersey released a new report, “National Security Deserves Better: ‘Odd’ Recidivism Numbers Undermine the Guantánamo Policy Debate” (PDF), which analyzes the fundamental problems with the claims made by the Pentagon and the Director of National Intelligence (DNI) regarding the numbers of alleged “recidivists” freed from Guantánamo — in other words, those who, in the words of the DNI, have been involved in “planning terrorist operations, conducting a terrorist or insurgent attack against Coalition or host-nation forces or civilians, conducting a suicide bombing, financing terrorist operations, recruiting others for terrorist operations, and arranging for movement of individuals involved in terrorist operations.”

As I have been explaining since May 2009, when the New York Times published a misleading front-page story claiming that 1 in 7 released prisoners had engaged in recidivism, there have been two main problems with the recidivism claims: firstly, that, over the last three years, little effort has been made to distinguish between “confirmed” and “suspected” cases of recidivism; and secondly that, as the claims became more outrageous in 2010 and 2011, with completely unsubstantiated allegations that 1 in 5 of the released prisoners were recidivists, and then 1 in 4, the mainstream media unquestioningly repeated these claims, even though they were not backed up with even a shred of evidence.

Last month, in my article, “Guantánamo and Recidivism: The Media’s Ongoing Failure to Question Official Statistics,” I challenged the latest claims made by the DNI — that 27.9 percent of the prisoners released from Guantánamo were recidivists — by noting that although the DNI claimed that 95 (15.9%) were described as “Confirmed of Reengaging,” and 72 others (12%) were described as “Suspected of Reengaging,” the lack of evidence for these claims was deeply troubling. 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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