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.
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.”
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.”
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, singer/songwriter (The Four Fathers).
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