Secretary Gates: 116 out of 211 Gitmo Detainees Cleared for Transfer

According to press accounts, Secretary of Defense Robert Gates told a Senate hearing today that the Obama administration has identified 116 Guantanamo detainees (out of the remaining 211) who can be transferred. That’s an incredibly high number – much higher than the numbers that were reported earlier this year. And given the Obama administration’s past transfer decisions (see here, here, and here), there are undoubtedly some very questionable detainees in that lot. An analysis of the Gitmo population makes it very difficult to see how the administration could have possibly reached that number, unless it is willing to transfer some very dangerous individuals just for the sake of closing Guantanamo. The number one problem here is that there is no transparency in any of this. How did the Obama administration decide these 116 detainees were suitable for transfer? We don’t know. It is highly unlikely that the military has cleared all 116 detainees. As of last year, we knew that almost all (if not all) of these 211 detainees were found to still be threats after having been initially classified enemy combatants. Right now, Republicans on the Hill and journalists should be asking the following questions for the sake of transparency and debate:

– Which detainees have been cleared for transfer? – How were these detainees determined to be worthy of transfer? What criteria were employed in the decision-making process? – Who made these transfer decisions? The DOJ? If so, do the lawyers who made these transfer decisions have any actual experience researching or studying al Qaeda, its affiliates, or the Taliban – beyond representing detainees in U.S. courts? (Note: The Obama administration has set up an interagency review board to evaluate each detainee’s case file. But we know that the DOJ has been taking the lead in most Gitmo-related decisions, such as the decision to bring the five 9/11 conspirators to New York for federal trial. Therefore, there are good reasons to believe the DOJ is driving the show here.) – Do all of the various national security and law enforcement agencies who have built the case files against the Gitmo detainees (DOD, FBI, CIA, and DHS) agree with the transfer decisions? If not, why not? – How many of the 116 detainees will be outright freed as opposed to standing trial in a foreign court?

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