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Obama administration considers transfer of more Guantánamo detainees Obama administration considers transfer of more Guantánamo detainees
(2 months later)
Even as controversy persists over the swap of five senior Taliban leaders for army sergeant Bowe Bergdahl, the Guardian has learned that the Obama administration is considering the transfer of a new round of Guantánamo Bay detainees.Even as controversy persists over the swap of five senior Taliban leaders for army sergeant Bowe Bergdahl, the Guardian has learned that the Obama administration is considering the transfer of a new round of Guantánamo Bay detainees.
In what would represent the first proposed transfers out of Guantánamo since the May 31 announcement of the trade – and, accordingly, a test of President Obama's commitment to shuttering the detention center – the administration is set to decide the fate of what is said to be a small number of detainees, an internal debate that began months before it faced an avalanche of congressional criticism around the most recent Guantanamo release.In what would represent the first proposed transfers out of Guantánamo since the May 31 announcement of the trade – and, accordingly, a test of President Obama's commitment to shuttering the detention center – the administration is set to decide the fate of what is said to be a small number of detainees, an internal debate that began months before it faced an avalanche of congressional criticism around the most recent Guantanamo release.
A final decision is not yet at hand, although the majority of agencies involved in the discussions favor a transfer, according to an administration official. The agencies normally involved in such a discussion include the Office of the Director of National Intelligence, the Defense Department, the military's Joint Staff, the State Department and the Justice Department.A final decision is not yet at hand, although the majority of agencies involved in the discussions favor a transfer, according to an administration official. The agencies normally involved in such a discussion include the Office of the Director of National Intelligence, the Defense Department, the military's Joint Staff, the State Department and the Justice Department.
There is apparently no consideration of releasing any of the detainees outright. The detainees up for consideration during this current round of deliberations are said to be few in number and low-level in rank.There is apparently no consideration of releasing any of the detainees outright. The detainees up for consideration during this current round of deliberations are said to be few in number and low-level in rank.
The Obama administration insists that it will reach a decision on the detainees outside of any consideration of the Bergdahl contretemps, but there is no timetable for arriving at a decision, raising the prospect that the administration may attempt to wait out the political firestorm.The Obama administration insists that it will reach a decision on the detainees outside of any consideration of the Bergdahl contretemps, but there is no timetable for arriving at a decision, raising the prospect that the administration may attempt to wait out the political firestorm.
Legislators of both parties have been incensed that the Obama administration, ahead of trading Bergdahl for the five Taliban leaders, did not provide Congress with the 30-day notice legally required of any transfer from Guantanamo. A Pew/USA Today poll released Monday found that a plurality of 43% rejected the swap.Legislators of both parties have been incensed that the Obama administration, ahead of trading Bergdahl for the five Taliban leaders, did not provide Congress with the 30-day notice legally required of any transfer from Guantanamo. A Pew/USA Today poll released Monday found that a plurality of 43% rejected the swap.
The White House has conceded violating the law but argues that the exigencies of freeing the only US prisoner of the Afghanistan war, including an apparent belief in the deterioration of Bergdahl's health, justified the deal.The White House has conceded violating the law but argues that the exigencies of freeing the only US prisoner of the Afghanistan war, including an apparent belief in the deterioration of Bergdahl's health, justified the deal.
Both administration officials and congressional aides said that legislators have rarely, if ever, raised objections to a Guantanamo transfer during the classified notifications process, despite the persistent public criticism around the concept of closing the detention center.Both administration officials and congressional aides said that legislators have rarely, if ever, raised objections to a Guantanamo transfer during the classified notifications process, despite the persistent public criticism around the concept of closing the detention center.
But a staffer to the House Armed Services Committee said that the lack of advance warning around the Taliban swap has weakened the panel's trust in the Pentagon.But a staffer to the House Armed Services Committee said that the lack of advance warning around the Taliban swap has weakened the panel's trust in the Pentagon.
"When one of the laws we worked on together in a bipartisan way that passed with an overwhelming bipartisan majority is just ignored, that trust is certainly eroded. That hangs over things," said the staffer, who declined to speak for the record, citing the official secrecy surrounding Guantanamo notifications to the Hill."When one of the laws we worked on together in a bipartisan way that passed with an overwhelming bipartisan majority is just ignored, that trust is certainly eroded. That hangs over things," said the staffer, who declined to speak for the record, citing the official secrecy surrounding Guantanamo notifications to the Hill.
Laura Pitter, a senior national-security counsel with Human Rights Watch, urged the administration to go through with the transfers.Laura Pitter, a senior national-security counsel with Human Rights Watch, urged the administration to go through with the transfers.
"There is no doubt this administration has taken politics into consideration when making decisions about Guantanamo in the past. But so many military leaders and experts now agree that keeping Guantanamo open hurts US national security, it would foolish to allow politicization of this exchange to slow Guantanamo’s closure down now," Pitter said."There is no doubt this administration has taken politics into consideration when making decisions about Guantanamo in the past. But so many military leaders and experts now agree that keeping Guantanamo open hurts US national security, it would foolish to allow politicization of this exchange to slow Guantanamo’s closure down now," Pitter said.
Obama publicly recommitted to emptying the Guantanamo detention facility last year after congressional restrictions – led by Republicans but with substantial Democratic support – denied him the fulfillment of a major campaign promise.Obama publicly recommitted to emptying the Guantanamo detention facility last year after congressional restrictions – led by Republicans but with substantial Democratic support – denied him the fulfillment of a major campaign promise.
Since then, his administration has transferred 14 detainees, including the so-called "Taliban Five," and set up a new quasi-parole process called a Periodic Review Board that permits detainees to argue for their release. Guantánamo still holds 149 detainees, the vast majority of whom have not been charged with a war crime.Since then, his administration has transferred 14 detainees, including the so-called "Taliban Five," and set up a new quasi-parole process called a Periodic Review Board that permits detainees to argue for their release. Guantánamo still holds 149 detainees, the vast majority of whom have not been charged with a war crime.
Administration officials, sounding a note of defiance, reject the idea that the Bergdahl furor will case them to slow-walk pending Guantánamo transfers.Administration officials, sounding a note of defiance, reject the idea that the Bergdahl furor will case them to slow-walk pending Guantánamo transfers.
"The return of Sgt Bergdahl is not a factor in future detainee transfers from Guantanamo, since transfers are dependent upon, among other things, our receipt of the necessary, verifiable security assurances from potential willing host-nations and the recommendation of our own internal, inter-agency review (eg the PRB)," said Lieutenant Colonel Todd Breasseale, the Pentagon's spokesman on detentions."The return of Sgt Bergdahl is not a factor in future detainee transfers from Guantanamo, since transfers are dependent upon, among other things, our receipt of the necessary, verifiable security assurances from potential willing host-nations and the recommendation of our own internal, inter-agency review (eg the PRB)," said Lieutenant Colonel Todd Breasseale, the Pentagon's spokesman on detentions.
"We remain committed to the responsible closure of the detention facility at Guantanamo Bay, Cuba. It remains outrageously expensive and as the president has noted, exists outside our best national security interests. However, until we are permitted to close the facility – and to be sure, we are making real progress on transferring those who are eligible – we will continue to humanely safeguard all of the detainees in our charge." "We remain committed to the responsible closure of the detention facility at Guantanamo Bay, Cuba. It remains outrageously expensive and as the president has noted, exists outside our best national security interests. However, until we are permitted to close the facility – and to be sure, we are making real progress on transferring those who are eligible – we will continue to humanely safeguard all of the detainees in our charge."
Even as the administration takes criticism for trading five of the Guantanamo detainees presumed most dangerous, the Bergdahl swap also opened it up for questions about why it continues to hold relatively low-risk detainees. Fifty-six Yemenis who remain at Guantánamo Bay, for instance, have been deemed eligible for transfer.Even as the administration takes criticism for trading five of the Guantanamo detainees presumed most dangerous, the Bergdahl swap also opened it up for questions about why it continues to hold relatively low-risk detainees. Fifty-six Yemenis who remain at Guantánamo Bay, for instance, have been deemed eligible for transfer.
"I think if there is any increased pressure to release detainees it hasn’t come from this exchange specifically but rather from the fact that this exchange has put a spotlight on true desperation and despair of so many other detainees accused of no wrongdoing and held without charge or trial for twelve years now," said Pitter of Human Rights Watch."I think if there is any increased pressure to release detainees it hasn’t come from this exchange specifically but rather from the fact that this exchange has put a spotlight on true desperation and despair of so many other detainees accused of no wrongdoing and held without charge or trial for twelve years now," said Pitter of Human Rights Watch.
Administration efforts to contain the controversy have not worked thus far. A private briefing for Senators last week did not defuse the debate. Several administration and intelligence officials are scheduled to brief the Senate Armed Services Committee in closed session on Tuesday ahead of Defense Secretary Chuck Hagel's testimony before the House armed services committee on Wednesday.Administration efforts to contain the controversy have not worked thus far. A private briefing for Senators last week did not defuse the debate. Several administration and intelligence officials are scheduled to brief the Senate Armed Services Committee in closed session on Tuesday ahead of Defense Secretary Chuck Hagel's testimony before the House armed services committee on Wednesday.