Obama has said that he wants to close Guantanamo. Here is how he could do so if
he cares enough to fight for it.
Egypt, Tunisia, Kuwait, Afghanistan, and Yemen are all pressuring
the United States to release prisoners from their countries held at Guantanamo
Bay. 55 of the 83 prisoners cleared for release at the prison are from Yemen.
In fact 73 of the 83 prisoners cleared for release are from countries that are
either actively seeking their release or have taken
Guantanamo prisoners in the past (5 Tunisians, 4 Afghans, 1 Brit, 3 Algerians,
a Mauritanian, a Moroccan, a Saudi, a Sudanese, and an Emirati). Obama could
order these prisoners released immediately. As they have been cleared for
release for over 3 years now, he has an obligation to do so.
were the abandon the idea of indefinite detention and order the prisoners in
that category to be released as well, 44 of the 47 are from countries that have
taken Guantanamo prisoners before or are actively seeking their release.
homes for the remaining 10 cleared for release and 3 indefinite detainees could
be found using creative diplomacy. We have already done so with 19 of the Uighurs.
physical prison at Guantanamo would also require dealing with the remaining
category of prisoners, those recommended for trial. Some prisoners are only
accused of providing material support for terrorism and/or conspiracy. These
are crimes that the DC Court of Appeals has ruled cannot be tried in military
commissions for actions taken prior to 2006, when Congress gave those courts
the authority to do so. These individuals must be tried in civilian courts in
the United States. Individuals accused of more significant crimes can continue
to be tried in military commissions at Guantanamo.
provisions banning the transfer of prisoners to the US are amendments to yearly
appropriations bills. They must be reapproved every year. So if the President
actually commits to closing Guantanamo, He can veto the 2014 NDAA when Congress
passes it with the provision. Doing so would limit funds for our soldiers
fighting in Afghanistan, but the President could easily blame Congress for
“politicizing money for our troops abroad.” Once the trials both military and
civilian are completed, the president could move the prisoners to Thompson,
Illinois to serve their sentences.
Correction (December 4, 2013): After I wrote this editorial I
learned that the 3 remaining Algerians at Guantanamo who have been cleared for
to return to Algeria. That brings the number of prisoners who are cleared for
release but for whom new homes must be found to 13. By nationality they are as
follows: 4 Syrians, 3 Algerians, 3 Uighurs, a Libyan, a Tajik, and a
currently scheduled for indefinite detention are cleared for release due to
inadequate or unreliable evidence of guilt, as I recommended, the number would
be 16. The additional 3 are 2 Libyans and a Kenyan. To be clear the Kenyan is
the only man from his country to have been held at Guantanamo, so it is unclear
if the Kenyan government would be willing to take him back or not.
still leaves 70 prisoners who are cleared for release who wish to return to
their home country and whose country’s government has taken Guantanamo prisoners
in the past or is actively campaigning for their release.
The text in
the original editorial remains unchanged.