69 Senators and Representatives Urge Congress to Lift Restrictions on Transferring Guantánamo Prisoners to the US Mainland

Campaigners calling for the closure of the prison at Guantánamo Bay walk past Congress on January 11, 2012, the 10th anniversary of the opening of the prison.

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In the long and shameful 20-year history of the prison at Guantánamo Bay, obstacles to the prison’s closure — and to the conditions in which prisoners are held — have been raised persistently, since 2010, after President Obama lost control of Congress in the mid-term elections, by Republican lawmakers, in the annual National Defense Authorization Act (NDAA). This year, as in previous years, concerned Democrats are hoping to overturn these provisions, and below I’m posting a letter they wrote recently to the House and Senate Armed Services Committees, but before I get to that it’s worthwhile looking back at the long history of these Congressional obstacles.

In December 2010, when Congress passed the NDAA for 2011, it included, for the first time, three provisions regarding Guantánamo that represented an unacceptable intrusion on the president’s authority: firstly, a ban on the use of funds to bring any Guantánamo prisoners to the US mainland for any reasons, even to face trials; secondly, a ban on the use of funds to purchase or construct any facility on the US mainland for housing prisoners held, at the time, at Guantánamo; and, thirdly, a requirement that, before any prisoner is released, the defense secretary must sign off on the safety of doing so.

The first of these provisions was specifically aimed at derailing the Obama administration’s proposals to try Khalid Shiekh Mohammed (KSM) and the other men accused of involvement in the 9/11 attacks on the US mainland in federal court (and, just to make it clear, it mentioned KSM by name), while the second was designed to prevent the closure of Guantánamo by derailing the administration’s efforts to buy the empty Thomson Correctional Center in Illinois to transfer men from Guantánamo so that the prison could be closed. The third provision, meanwhile, was meant to make the release of prisoners unpalatable, as any post-release problems would become the responsibility of the defense secretary.

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24 Senators Send a Letter to President Biden Urging Him to Close Guantánamo

Campaigners calling for the closure of the prison at Guantánamo Bay outside the Supreme Court on Jan. 11, 2017, the 15th anniversary of the prison’s opening (Photo: Susan Melkisethian via Flickr).

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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.

In the long struggle to try to secure the closure of the prison at Guantánamo Bay, there has rarely been adequate support from lawmakers, so it was extremely reassuring, on April 16, to see that 24 Democratic Senators — almost half of the Democrats in the Senate — have written a letter to President Biden urging him to close the prison once and for all.

Led by Senate Majority Whip and Judiciary Committee Chairman Dick Durbin, and including Patrick Leahy, Dianne Feinstein, Elizabeth Warren and Bernie Sanders, the 24 Senators not only urged President Biden to close the prison, but also provided detailed proposals for how that can be achieved.

These proposals involve re-establishing the Office of the Special Envoy for Guantánamo Closure at the State Department, which we discussed in an article just last week, and also appointing a “senior White House official” to be “accountable for the closure process.”

Read the rest of this entry »

Elizabeth Warren and 14 Other Senators Ask Pentagon About Coronavirus Protections at Guantánamo

Six of the 15 Senators who have written to defense secretary Mark Esper to ask what protections are being provided to prisoners and US personnel at Guantánamo in response to the coronavirus crisis. Top row, L to R: Elizabeth Warren, Bernie Sanders, Dianne Feinstein. Bottom row, L to R: Dick Durbin, Patrick Leahy, Cory Booker.

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. If you can help, please click on the button below to donate via PayPal.





 

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.

The prisoners at Guantánamo Bay — held, for the most part, without charge or trial for over 18 years now — have rarely had the support they should have received from the various branches of the U.S. government — the executive branch, Congress and the judiciary — considering how outrageous it is for prisoners of the U.S. to be held in such fundamentally unjust conditions.

Since Donald Trump became president, of course, any pretence of even caring about this situation has been jettisoned. Trump loves Guantánamo, and is happy for the 40 men still held to be imprisoned until they die, and he hasn’t changed his mind as a new threat — the novel coronavirus, COVID-19 — has emerged.

Last week, however, representatives of another group of people with a long history of not doing much for the prisoners — lawmakers — sent a letter to defense secretary Mark T. Esper calling for clarification regarding what, if anything, the Pentagon is doing to “prevent the spread of the coronavirus disease 2019 (COVID-19) pandemic among detainees in the prison facility at the United States Naval Station Guantánamo Bay, Cuba (Guantánamo), as well as efforts to protect service members responsible for detention operations and all other military personnel at the base.”

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Torture on Trial in the US Senate, as the UK Government Unreservedly Apologizes for Its Role in Libyan Rendition

Sen. John McCain gives his reason for refusing the nomination of Gina Haspel as the next Director of the CIA (graphic by CBS News).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.





 

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.

In the last few days, two very different approaches to torture have been on display in the US and the UK.

On Wednesday, the US Senate conducted confirmation hearings for Gina Haspel, Donald Trump’s nomination as the next Director of the CIA, who has attracted widespread criticism since her nomination was announced back in March, for two particularly valid reasons: firstly, because, towards the end of 2002, she was in charge of the CIA’s first post-9/11 “black site” in Thailand, where several “high-value detainees” were held and tortured, and secondly because, in 2005, she was involved in the destruction of videotapes documenting the torture of prisoners, even though a court had ordered the tapes to be preserved.

At the time of her nomination, we signed up to a letter from a number of rights groups opposing her nomination, and also published an article on our website, entitled, The Torture Trail of Gina Haspel Makes Her Unsuitable to be Director of the CIA. Read the rest of this entry »

On the International Day in Support of Victims of Torture, It’s Time for Someone to Leak the Whole of the US Senate Torture Report

The cover of a version of the executive summary of the Senate torture report, made publicly available in December 2014.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.





 

Today is an important day — 30 years since the entry into force of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and 20 years since the establishment, on that anniversary, of the International Day in Support of Victims of Torture, and to mark the occasion it would be wonderful if someone in the huge, sprawling organization that is the United States government would release — leak, if you prefer — the full Senate Intelligence Committee Study on CIA Detention and Interrogation Program.

The report took five years to compile, contains 6,700 pages, and cost $40m, and it was approved for publication by the committee members on December 13, 2012, by nine votes to six, although it was not until December 9, 2014 that a partly-redacted 525-page document — the executive summary and certain key findings — was released. See Senator Dianne Feinstein’s page on the report for all the publicly available documents.

The executive summary was a profoundly shocking document, despite the redactions, and despite consisting of less than one-tenth of the total, as I explained at the time, when I wrote that the report found that: Read the rest of this entry »

Please Ask Your MP to Join the Shaker Aamer All-Party Parliamentary Group, Working to Secure Shaker’s Release from Guantánamo

Sen. Dianne Feinstein meets the delegation of British MPs who traveled to Washington, D.C. last month to call for Shaker Aamer's release from Guantanamo. From L to R: Jeremy Corbyn, David Davis, Dianne Feinstein, Andrew Mitchell and Andy Slaughter.It’s eight months since the Labour MP John McDonnell MP, an indefatigable campaigner for justice, established the Shaker Aamer All-Party Parliamentary Group, to call for the release from Guantánamo of Shaker Aamer, the last British resident in the prison, who is still held, despite being approved for release by the US authorities twice — in 2007, under George W. Bush, and in 2009, under Barack Obama.

With support from the Save Shaker Aamer Campaign, which spent many years working to get the Parliamentary Group established, and also from We Stand With Shaker, the campaign group established by Andy Worthington and Joanne MacInnes, which was also launched eight months ago, the Parliamentary Group sent a delegation to Washington D.C. after the General Election in May. The four MPs involved — the Conservative MPs David Davis and Andrew Mitchell, and the Labour MPs Jeremy Corbyn and Andy Slaughter — met with Senators, including John McCain and Dianne Feinstein, and Obama administration officials, in the hope of securing a timeline for Shaker’s release, although no date has been given, despite repeated rumors that it would be this summer, and despite a hard-hitting op-ed in the New York Times by the MPs, who wrote, “There is simply no reason, domestic or international, for the United States to keep Mr. Aamer in custody,” and also stated, “It is difficult for us to shake off the depressing notion that the Obama administration is indifferent to the repeated requests of the British government,” adding that this is “a slap in the face for America’s staunchest friend.”

Prior to this, in March, the Parliamentary Group also secured a hugely important debate in the House of Commons, which led to the government supporting the motion “call[ing] on the US Government to release Shaker Aamer from his imprisonment in Guantánamo Bay and to allow him to return to his family in the UK.” Read the rest of this entry »

Six Months After the CIA Torture Report, We’re Still Waiting for Accountability

An excerpt from the executive summary of the Senate Intelligence Committee's report into the CIA's post-9/11 torture program, showing some of the redactions.I’m sure many of us remember where we were on December 9, 2014, when, two years after it was completed, the 500-page executive summary of the Senate Intelligence Committee’s five-year, 6,700-page, $40m report into the CIA’s post-9/11 torture report was released, which I wrote about here and here.

It was a momentous occasion, for which Sen. Dianne Feinstein, and everyone who worked with her to compile the report and and to publish it (or its executive summary, at least), deserve profound thanks. In dark times, in which the US system of checks and balances has gone awry, this was a bright light in the darkness. It also caused British commentators like myself to reflect on the fact that it was something that would never happen in the UK.

That said, however, the widespread sense of horror that greeted the publication of the executive summary, with its profoundly disturbing details that were unknown before — like the “rectal feeding” of prisoners for example — has not, in the six months since, led to firm action to hold accountable those who authorized and implemented the program, which is, of course, unacceptable. As I wrote at the time in my article for Al-Jazeera: Read the rest of this entry »

New York Times Publishes British MPs’ Hard-Hitting Op-Ed Calling for Shaker Aamer’s Release from Guantánamo

Sen. Dianne Feinstein meets the delegation of British MPs who traveled to Washington, D.C. last month to call for Shaker Aamer's release from Guantanamo. From L to R: Jeremy Corbyn, David Davis, Dianne Feinstein, Andrew Mitchell and Andy Slaughter.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.

Regular readers of “Close Guantánamo” will be aware of the case of Shaker Aamer, the last British resident still held in the prison at Guantánamo Bay. Shaker, a Saudi national who was given indefinite leave to remain in the UK, has a British wife and four British children, and is still held despite being approved for release under President Bush in 2007 and under President Obama in 2010.

I wrote about Shaker’s case soon after the “Close Guantánamo” campaign and website was established, on the 10th anniversary of the opening of Guantánamo in January 2012. To mark the 10th anniversary of Shaker’s arrival at  Guantánamo, on February 14, 2012, I wrote an article entitled, 10 Years in Guantánamo: British Resident Shaker Aamer, Cleared for Release But Still Held.

One of his lawyers, Ramzi Kassem, then made available notes of his meetings with Shaker, which we published as two articles in April 2012, and again in October 2012, at Shaker’s request. In October 2013, we published an exclusive article about Shaker’s request for an independent medical evaluation, and also published Ramzi Kassem’s supporting statement, and in April 2014, after that medical evaluation had been allowed, we followed up with an article about Shaker’s ultimately unsuccessful request for a judge to order his release because of the findings by the expert, Dr. Emily Keram, that Shaker was suffering from a host of physical and psychological problems. Read the rest of this entry »

MPs Visit US to Discuss the Release of Shaker Aamer from Guantánamo with John McCain and Dianne Feinstein

The delegation of British MPs who traveled to Washington, D.C. to call for the release of Shaker Aamer from Guantanamo at a meeting with Sen. John McCain on May 20, 2015. From L to R: Alka Pradhan of Reprieve, Andy Slaughter MP, Andrew Mitchell MP, Sen. John McCain, David Davis MP and Jeremy Corbyn MP.On Tuesday, in an open letter to President Obama and defense secretary Ashton Carter that I drafted, 13 rights groups, including Close Guantánamo and We Stand With Shaker, as well as Amnesty international USA, the Center for Constitutional Rights, Reprieve and others, called for the release of 57 men from Guantánamo (out of the 122 men still in the prison), who are still held despite being approved for release, the majority for over five years.

One of the 57 is Shaker Aamer, the last British resident in Guantánamo, and one of the reasons I initiated the letter was to coincide with a visit to Washington, D.C. by a delegation of British MPs, from the Shaker Aamer Parliamentary Group, which was established last November, and, in March, secured the support of the government for the following motion — “That this House calls on the US Government to release Shaker Aamer from his imprisonment in Guantánamo Bay and to allow him to return to his family in the UK.”

The MPs who flew to the US for meetings to try to secure Shaker’s release are the Labour MPs Jeremy Corbyn (a longtime colleague of the Shaker Aamer Parliamentary Group’s chair, John McDonnell) and Shadow Justice Minister Andy Slaughter, and the Conservative MPs David Davis (a former Shadow Home Secretary) and Andrew Mitchell (a former Chief Whip and former International Development Secretary). Read the rest of this entry »

Senators Leahy, Feinstein and Durbin Tell Obama to Free 57 Cleared Guantánamo Prisoners “As Quickly As Possible”

Campaigners from organizations including Witness Against Torture, Amnesty International and Close Guantanamo call for the closure of the prison outside the White House on January 11, 2011.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 now nearly five months since the last prisoners were released from Guantánamo, even though 57 of the 122 men still held have been approved for release from the prison, the majority since President Obama’s high-level, inter-agency Guantánamo Review Task Force issued its recommendations about the disposition of the remaining prisoners in January 2010.

As any decent person would agree, still holding men five years after you said you no longer wanted to hold them is a particularly offensive betrayal of any notion that you believe in justice and fairness.

President Obama released dozens of prisoners — 66 in total — from when he took office in January 2009 until September 2010, at which point restrictions on the release of prisoners, which were cynically imposed by Congress, made it more difficult. This was not because the administration was unable to release prisoners, but because the process of certifying to Congress that it was safe to do so, which were the conditions imposed by lawmakers, made the release of prisoners much more politically sensitive than it should have been. 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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