02.23.16

‘There Are People In Gitmo Who Are So Dangerous That We Cannot Transfer Them’

SEC DEF: ‘We're Not Going To Be Able To Close Gitmo By Magically Making Safe Everybody Who's In There’

 

SEC DEF: ‘There Are People In Gitmo Who Are So Dangerous That We Cannot Transfer Them’

SEC. OF DEFENSE ASH CARTER: “[T]here are people in Gitmo who are so dangerous that we cannot transfer them to the custody of another government no matter how much we trust that government. I can't assure the president that it would be safe to do that. ... We're not going to be able to close Gitmo by magically making safe everybody who's in there.” (CNN’s “Fareed Zakaria GPS,” 1/24/16)

  • GTMO Detainee: “... to the American be patient, your days is coming, one day we going to slaughter you behind the tree.” [Detainee leading the rest of his cell block singing]. (Department Of Defense Briefing, June 2006)

Meet Gitmo Detainee Khalid Shaikh Mohammed

“Detainee is a senior operational planner, recruiter and financier for al-Qaida's global terrorist network. Detainee was the mastermind of the 11 September 2001 terrorist attacks on the World Trade Center and the Pentagon. Detainee described himself as the head of al-Qaida's military committee. Detainee has specifically stated he is the enemy of the United States...  Detainee is one of al-Qaida's key operational planners linked to a majority of al-Qaida's major international operations.” (“JTF-GTMO Detainee Assessment – Khalid Shaykh Muhammad,” U.S. Department Of Defense, 12/8/2006)

Meet Gitmo Detainee Ramzi Bin al Shibh

“Detainee was a significant member of al-Qaida who was selected to be the ‘coordinator’ for the 1 September 2001 attacks. Detainee met with many high--level al-Qaida leaders, attended militant training at the request of Usama Bin Laden (UBL), and planned future operations until his capture in late 2002.” (“JTF-GTMO Detainee Assessment – Ramzi Muhammad Abdullah Bin al-Shibh,” U.S. Department Of Defense, 12/8/2006)

Meet Gitmo Detainee Walid Bin Attash

“Detainee was a senior al-Qaida lieutenant and bodyguard for [Usama bin Laden], had ties to other senior al-Qaida personnel, and is a veteran jihadist. Detainee arranged for the procurement of explosives used in the bombing of the USS COLE and was to be a suicide hijacker for the cancelled Southeast Asia portion of the 11 September 2001 attacks. Detainee conducted surveillance of security for US-based air carriers flying in the Southeast Asia region. Detainee had proposed and was involved in the operational planning for an attack against London's Heathrow International Airport. He was also the primary collaborator in a plot to attack US diplomatic and commercial interests in Karachi prior to his capture.” (“JTF-GTMO Detainee Assessment – Walid Muhammad Salih Bin Attash,” U.S. Department Of Defense, 12/8/2006)

 

30 Percent Of The … Detainees Transferred Or Released, Are Now Either Confirmed Or Suspected Of Reengaging’ In Terrorist Activities

“The Office of the Director of National Intelligence (ODNI) has released its latest statistics on the number of former Guantanamo detainees who are either confirmed or suspected of returning to the fight. … The ODNI says that a total of 196 ex-Gitmo detainees, or 30 percent of the 653 total detainees transferred or released, are now either confirmed or suspected of reengaging. The number of confirmed recidivists (117) outnumbers those on the suspected list (79). The figures are current as of July 15, 2015.” (“More Than 100 Ex-Gitmo Recidivists At Large,” The Weekly Standard, 9/4/15)

 

OBAMA CABINET OFFICIALS: Transfers ‘Against The Law Now’

“…if Obama goes it alone, he would do so in defiance of laws passed by Congress that explicitly bar him from transferring Guantánamo detainees into the country. …the executive action would violate the letter of the law just like the controversial deal for Sgt. Bowe Bergdahl, which involved Obama releasing five detainees from Guantánamo. The Government Accountability Office (GAO) later found that Obama broke the law by not informing lawmakers of that transfer 30 days in advance.” (“Obama May Reach The Limit Of His Powers On Guantánamo,” The Hill, 11/13/15)

SEC. OF DEFENSE ASH CARTER: “So if we're going to close Gitmo ... We need to find another place. That would have to be in the United States. ... I've made a proposal for the president and he has indicated that he's going to submit that to the Congress. Why is that? Because it's against the law now to establish another detention facility.” (CNN’s “Fareed Zakaria GPS,” 1/24/16)

LT. GENERAL WILLIAM MAYVILLE JR., Director Of The Joint Chiefs Of Staff: ‘The Joint Staff will not take any action contrary to those restrictions’ in law. “Lt. General William Mayville Jr., the director of the Joint Chiefs of Staff… writes: ‘Current law prohibits the use of funds to 'transfer, release or assist in the transfer or release' of detainees of Guantanamo Bay to or within the United States, and prohibits the construction, modification or acquisition of any facility within the United States to house any Guantanamo detainee. The Joint Staff will not take any action contrary to those restrictions.’” (“Military Tells Congress It Can't Send Gitmo Detainees To U.S.,” Bloomberg, 2/16/16)

ATTORNEY GENERAL LORETTA LYNCH: “At this point in time, I believe the current state of the law is that individuals are not transferred from Guantanamo to U.S. shores. That position is reiterated by the legislation that you mentioned, and my understanding is, as you indicated, is that I do believe the president has indicated that he would sign that. Certainly it is the position of the Department of Justice that we would follow the law of the land in regard to that issue.” (U.S House Of Representatives, Committee On Judiciary, 11/17/15, Minute 44:30)

LAW: ‘No Amounts Authorized To Be Appropriated Or Otherwise Made Available For The Department Of Defense May Be Used… To Transfer… Khalid Sheikh Mohammed Or Any Other Detainee’

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2016: “SEC. 1031: No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2016, to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who—

(1) is not a United States citizen or a member of the Armed Forces of the United States; and

(2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department

of Defense.” (PL 114-92 (S.1356), Signed Into Law 11/25/15)

 

CONSOLIDATED APPROPRIATIONS ACT, 2016: “Sec. 527.  None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who--

        (1) is not a United States citizen or a member of the Armed     Forces of the United States; and

        (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the

Department of Defense.” (PL. 114-113 (H.R.2029), Signed Into Law 12/18/15)

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SENATE REPUBLICAN COMMUNICATIONS CENTER

Related Issues: NDAA, War on Terror, National Security, Guantanamo Detention Facility, Executive Orders, Al Qaeda