What Should Trump Do With the US Citizen Seized in Syria and Held in Iraq as an “Enemy Combatant”?

"Detainee Holding Cell": a US military sign, origin unknown.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.

 

It’s nearly a month since my curiosity was first piqued by an article in the Daily Beast by Betsy Woodruff and Spencer Ackerman, reporting that a US citizen fighting for ISIS had been captured in Syria and was now in US custody. Ackerman followed up on September 20, when “leading national security lawyers” told him that the case of the man, who was being held by the US military as an “enemy combatant,” after surrendering to US-allied Kurdish forces fighting ISIS in Syria around September 12, “could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS.”

At the time, neither the Defense Department nor the Justice Department would discuss what would happen to the unnamed individual, although, as Ackerman noted, “Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.” However, if Donald Trump wanted to send him to Guantánamo (as he has claimed he wants to be able to do), that would be a different matter.

A Pentagon spokesman, Maj. Ben Sakrisson, told Ackerman that, according to George W. Bush’s executive order about “war on terror” detentions, issued on November 13, 2001, and authorizing the establishment of military commissions, “United States citizens are excluded from being tried by Military Commissions, but nothing in that document prohibits detaining US citizens who have been identified as unlawful enemy combatants.” 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 »

In Final Counter-Terrorism Speech, Obama Targets Trump But Fails to Acknowledge His Own Mistakes on Guantánamo and War

President Obama and a quote about Guantanamo from a speech he made on January 5, 2010.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 Tuesday, at MacDill Air Force Base in Tampa, Florida, the home of US Special Operations Command and Central Command, President Obama made what is expected to be his final speech on counter-terrorism before he leaves office in just six weeks’ time.

As Jessica Schulberg noted for the Huffington Post, in his speech he “defended his legacy ― both from hawks who have accused him of withdrawing from the Middle East, and from liberals who have criticized his reliance on expansive surveillance and drones to fight wars,” and “sought to convince the country that he had struck the correct balance.”

Spying and drones

However, as Spencer Ackerman noted for the Guardian, this was “a highly selective account of his record, particularly about the mass surveillance architecture he embraced and the drone strikes that will be synonymous with his name.” Read the rest of this entry »

Obama Officials Confirm That Nearly 24 Guantánamo Prisoners Will Be Freed By the End of July

Cleared for release: a photo by Debra Sweet of the World Can't Wait.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 there was confirmation that the Obama administration is still intent on working towards the closure of the prison at Guantánamo Bay before President Obama leaves office, when officials told Spencer Ackerman of the Guardian that there is an “expectation” within the administration that 22 or 23 prisoners will be released by the end of July “to about half a dozen countries.”

80 men are currently held, so the release of these men will reduce the prison’s population to 57 or 58 prisoners, the lowest it has been since the first few weeks of its existence back in 2002.

As the Guardian explained, however, the officials who informed them about the planned releases spoke on condition of anonymity, because “not all of the foreign destination countries are ready to be identified.” In addition, “some of the transfer approvals have yet to receive certification by Ashton Carter, the defense secretary, as required by law, ahead of a notification to Congress.” Read the rest of this entry »

Guantánamo Lawyers Complain About Slow Progress of Periodic Review Boards

Guantanamo prisoner Ravil Mingazov, who us one of 36 men eligible for Periodic Review Boards, but who have not yet been given a date when their reviews will take place. This photo is of Ravil with his family, in a photo taken before his capture.Yesterday I published an article about the most recent Periodic Review Board to take place at Guantánamo, and I was reminded of how I’ve overlooked a couple of interesting articles about the PRBs published in the Guardian over the last six weeks.

When it comes to President Obama’s intention to close Guantánamo before he leaves office next January, the most crucial focus for his administration needs to be the Periodic Review Boards, featuring representatives of the Departments of State, Defense, Justice and Homeland Security, and the offices of the Director of National Intelligence and Joint Chiefs of Staff, as I have been highlighting through the recently launched Countdown to Close Guantánamo. Of the 91 men still held, 34 have been approved for release, and ten are undergoing trials (or have already been through the trial process), leaving 47 others in a disturbing limbo.

Half these men were, alarmingly, described as “too dangerous to release” by the high-level, inter-agency Guantánamo Review Task Force that President Obama established shortly after taking office in 2009, even though the task force acknowledged that insufficient evidence existed to put them on trial. Read the rest of this entry »

Ignoring President Obama, the Pentagon Blocks Shaker Aamer’s Release from Guantánamo

The launch of the We Stand With Shaker campaign outside the Houses of Parliament on November 24, 2014, featuring, from L to R: Roger Waters, Clive Stafford Smith, Andy Worthington, Joanne MacInnes and Caroline Lucas.I’m just back from a fortnight’s family holiday in Turkey (in Bodrum and Dalyan, for those interested in this wonderful country, with its great hospitality, history and sights), and catching up on what I missed, with relation to Guantánamo, while I was away. My apologies if any of you were confused by my sudden disappearance. I was working so hard up until my departure that I didn’t have time to put up an “on holiday” sign here before heading off.

Those of you who are my friends on Facebook or who follow me there will know that I managed to leave a brief message there, announcing my intention to be offline for most of the two-week period — and encouraging you all to take time off from the internet and your mobile devices for the sake of your health!). While away, my Facebook friends will also know that I touched on one of the most significant Guantánamo stories to take place during my absence — the disgraceful revelation that, despite having been approved for release in 2010 by a thorough, multi-agency US government review process (the Guantánamo Review Task Force, established by President Obama shortly after taking office in January 2009), Shaker Aamer, the last British resident in the prison, is still being held because of obstruction by the Pentagon, and, moreover, that the Pentagon has specifically been blocking his release since October 2013.

The story appeared in the Guardian on August 13, following a Washington Post article three days earlier, in which, during a discussion about the Obama administration’s quest for a prison on the US mainland that could be used to hold Guantánamo prisoners, it was noted that, in a meeting last month with President Obama’s top national security officials, defense secretary Ashton Carter “indicated he was inclined to transfer Shaker ­Aamer.” By law, the defense secretary must certify that steps have been taken to mitigate any possible risk posed by released prisoners, and provide Congress with 30 days’ notice of any planned releases. 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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