[House Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
[H.A.S.C. No. 114-8]
UPDATE ON DETAINEE TRANSFERS FROM GUANTANAMO
__________
HEARING
BEFORE THE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
OF THE
COMMITTEE ON ARMED SERVICES
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
HEARING HELD
FEBRUARY 12, 2015
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
______
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SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
VICKY HARTZLER, Missouri, Chairwoman
JEFF MILLER, Florida JACKIE SPEIER, California
K. MICHAEL CONAWAY, Texas JIM COOPER, Tennessee
JOSEPH J. HECK, Nevada HENRY C. ``HANK'' JOHNSON, Jr.,
AUSTIN SCOTT, Georgia Georgia
MARTHA McSALLY, Arizona GWEN GRAHAM, Florida
Christopher Bright, Professional Staff Member
Michael Amato, Professional Staff Member
Abigail Gage, Clerk
C O N T E N T S
----------
Page
STATEMENTS PRESENTED BY MEMBERS OF CONGRESS
Hartzler, Hon. Vicky, a Representative from Missouri, Chairwoman,
Subcommittee on Oversight and Investigations................... 1
Smith, Hon. Adam, a Representative from Washington, Ranking
Member, Committee on Armed Services............................ 6
Speier, Hon. Jackie, a Representative from California, Ranking
Member, Subcommittee on Oversight and Investigations........... 4
Thornberry, Hon. William M. ``Mac,'' a Representative from Texas,
Chairman, Committee on Armed Services.......................... 5
WITNESSES
Lewis, Paul M., Special Envoy for Guantanamo Detention Closure,
U.S. Department of Defense..................................... 8
Trumbull, Charles, Acting Special Envoy for Guantanamo Closure,
U.S. Department of State....................................... 11
APPENDIX
Prepared Statements:
Lewis, Paul M................................................ 19
Trumbull, Charles............................................ 33
Documents Submitted for the Record:
Letter from 42 retired U.S. military officers advocating
closure of the Guantanamo Bay detention facility........... 41
Witness Responses to Questions Asked During the Hearing:
[There were no Questions submitted during the hearing.]
Questions Submitted by Members Post Hearing:
[There were no Questions submitted post hearing.]
UPDATE ON DETAINEE TRANSFERS FROM GUANTANAMO
----------
House of Representatives,
Committee on Armed Services,
Subcommittee on Oversight and Investigations,
Washington, DC, Thursday, February 12, 2015.
The subcommittee met, pursuant to call, at 3:05 p.m., in
Room 2212, Rayburn House Office Building, Hon. Vicky Hartzler
(chairwoman of the subcommittee) presiding.
OPENING STATEMENT OF HON. VICKY HARTZLER, A REPRESENTATIVE FROM
MISSOURI, CHAIRWOMAN, SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS
Mrs. Hartzler. Welcome. I am delighted to gavel in this
first hearing and briefing of the Oversight and Investigations
Subcommittee. Today's event is entitled ``Update on Detainee
Transfers from Guantanamo.''
Before we proceed with the hearing, I would like to
emphasize how honored I am to serve as Oversight and
Investigations Subcommittee chairwoman in this Congress.
This subcommittee undertakes important work for the
Committee on Armed Services. It strives to ensure that the
policies and programs of the Department of Defense [DOD] are
properly formulated and implemented in the most efficient
manner. Previous Congresses have recognized the critical role
of standalone oversight and investigations. In fact, it is
essential I recognize a former HASC [House Armed Services
Committee] chairman and my predecessor, the late Ike Skelton,
who insisted on establishing this subcommittee when he became
chairman of the Armed Services Committee during the 110th
Congress.
I am also pleased to acknowledge that Chairman Joe Heck,
who preceded me in this position last year, returns to the
subcommittee as a sitting member; and I look forward to his
continued involvement and insights.
And I also look forward to working with Ranking Member
Speier as well as Chairman Thornberry, Ranking Member Smith,
and all members of the subcommittee in the 114th Congress.
So before continuing with my opening remarks for the
hearing, I would like to recognize my colleague and ranking
member of the subcommittee, Ms. Jackie Speier, for any
welcoming remarks that she may wish to offer.
Ms. Speier. Thank you, Madam Chairwoman.
And I too am privileged to serve with you as ranking member
of this committee. I really think that there is no higher
calling for all of us as Members of Congress than to do
rigorous investigations and oversight. And I look forward to
working with you, and recognizing that together in a bipartisan
fashion we can address very thorny issues that come before us
and hopefully come up with constructive solutions.
I yield back.
Mrs. Hartzler. Thank you.
So as we turn to the subject matter at hand, I would like
to state up front that we will not tolerate any disturbances of
these proceedings, including verbal disruptions, standing, or
holding of signs. I appreciate your cooperation in this matter.
So, this afternoon we have two senior officials appointed
by the Obama administration charged with the responsibility to
oversee the closure of Guantanamo Bay detention facility. Our
witnesses will provide testimony on their roles and the
interagency process for transferring detainees from the
detention facility to other countries. We will then adjourn to
a classified setting, where we will be joined by an official
from the Defense Intelligence Agency [DIA], in addition to our
two witnesses, who will elaborate further on the interagency
transfer process.
In light of the statements we are about to receive from the
witnesses and the type of details which are primarily
classified, I ask unanimous consent that members hold all
questions for the witnesses until the classified briefing.
Hearing no objection, so ordered.
According to information from Joint Task Force Guantanamo,
the military organization that operates the detention facility,
their responsibility is to detain unprivileged enemy
belligerents. The Joint Task Force material explains that the
detention of unprivileged enemy belligerents in wartime is, ``a
matter of security and military necessity, and has long been
recognized as legitimate under international law.''
The Joint Task Force further notes that detainees provide
the United States with important intelligence that helps
prevent future attacks. General James Mattis, a retired
commander of U.S. Central Command, echoed this in testimony on
January 27 to the Senate Armed Services Committee. He called
for consistency in our detention policy, and argued for the
need to hold belligerents until the end of the fighting so they
cannot harm others.
Despite the dedication of the men and women who created and
operate GTMO [Guantanamo] today, any real or imagined misstep
or procedural lapse from a decade ago has been sensationalized
by our terrorist enemies. We must not allow them to succeed in
inventing a narrative about GTMO and using this narrative to
lead to GTMO's abolition.
Let me be clear, terrorists bombed the USS Cole before the
detention center at Guantanamo existed. Terrorists hijacked
three airplanes and wrought havoc in the United States on
September 11, 2001, before GTMO was created.
The Taliban established their brutal regime in Afghanistan
before GTMO was built. Indeed, it was because of the death and
destruction caused by these terrorists that GTMO came into
being. The crazed fanatics who comprise the Islamic State do
not exist because of GTMO. Certainly it is not true that if the
facility ceased to exist these brutal murderers would renounce
their violent ideology.
It is wrong to suggest that because the Islamic State
dresses their victims in orange jumpsuits the United States
bears even an incidental responsibility for the Islamic State's
barbaric actions. It is also wrong to use this as a
justification to shutter GTMO. Indeed, recent events should
suggest greater, not lesser, caution in moving detainees out of
GTMO.
Yet, based on information provided by the Department of
Defense, 33 detainees have been transferred from Guantanamo in
the past 11 months, including 15 transfers just this past
December alone. What is also shocking is that of the 33
transferred in the past 11 months, 7 of these detainees were
among 48 recommended for continued detention by the Obama
administration. Five of those seven detainees were the senior-
most Taliban leaders sent to Qatar in May 2014.
Recent news reports have suggested that the intelligence
community believes one of these individuals may have returned
to the fight. In our classified session we are going to receive
a briefing on the Taliban Five and learn what the United States
Government currently assesses about them.
Two other detainees recommended for continued detention by
the administration were transferred to Kuwait and Saudi Arabia
in recent months. I expect to learn more about the process that
resulted in the transfer of the seven GTMO detainees that the
President's own advisers recommended remain behind bars.
Because the administration has often ignored recommendations
yielded internally from the system it established, it seems
hypocritical to malign legislation that seeks to improve and
make more sound the transfer, recommendation process.
Furthermore, of those 15 detainees transferred in December,
4 were sent to Afghanistan, where of course a war still rages
and U.S. forces are deployed, despite the administration's
claim that combat operations have ceased.
Six other detainees were sent to Uruguay, where according
to press reports, the Uruguayan defense minister described them
as ``totally free men who will not be restricted in any way.''
I look forward to today to learning if there is any basis for
these reports, which if true, are deeply disturbing.
The remaining 26 of the 33 detainees transferred over the
past 11 months were deemed to be transferrable by the
Presidential task force. But the task force noted nonetheless
that a decision to approve a detainee for transfer does not
equate to a judgment that the government lacked authority to
hold the detainee. Even with the stated authority, the
detainees were sent out of GTMO.
I am also eager to learn about the transfer arrangements
for the detainees that fell into this category. This
subcommittee, like the full Committee on Armed Services, will
continue to vigorously oversee these and related issues.
I look forward to the opportunity to mark up the
legislation sponsored by Representative Walorski and
cosponsored by Representative Scott.
I now turn to the ranking member for her opening remarks
for today's hearing.
STATEMENT OF HON. JACKIE SPEIER, A REPRESENTATIVE FROM
CALIFORNIA, RANKING MEMBER, SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS
Ms. Speier. Thank you, Madam Chair.
Thank you for addressing this important topic. I also wish
to thank our witnesses for appearing here this afternoon and
for sharing with us their insights and their expertise.
Madam Chairwoman, it is long past time for the United
States Government to close the detention facility at Guantanamo
Bay. Its continuing operation damages national security by
justifying abhorrent extremist behavior, by undermining
relationships with allies and partners around the globe, and by
wasting valuable national resources that could be put to
productive use.
Whether we like it or not, the detention facility at
Guantanamo Bay is an injurious symbol. Whether a fair
representation or not, to many in the world Guantanamo
symbolizes a manifestation of lawless abuse. It is an emblem
that fuels twisted ideological propaganda, and it is an
effective tool in the corruption and recruitment of individuals
by organizations that exist to do innocent people grave harm.
Al Qaeda in its various forms has long been considered
Guantanamo a useful totem. But we would need to look no further
than the recent atrocities that have been brutally committed
and luridly disseminated by the so-called Islamic State for
proof of Guantanamo's enduring liability.
The Islamic State has purposely utilized imagery that
evokes common conceptions of Guantanamo, such as cages and
captives garbed in orange jumpsuits, in an effort to make its
jihadist message resonate among those susceptible individuals
who might be outraged by such references and persuaded to
convert their anger into violence.
Even Al Qaeda's own English-language magazine, Inspire,
uses those detained at Guantanamo as a rallying cry. Madam
Chairwoman, for these reasons we need to treat the closure of
the detention facility at Guantanamo as a national security
imperative. The breadth and depth of opposition to Guantanamo
cannot be overstated.
President Barack Obama and President George W. Bush,
Secretary Hagel, Secretary Panetta, Secretary Gates, Generals
Dempsey and Petraeus, and Admiral Mullen, all similarly support
the cessation of detention operations at Guantanamo. These are
seasoned leaders, and we should respect their views, which are
based on extensive experience in weighing and balancing
competing national security risk.
I also have here a letter, Madam Chair, written to Senators
McCain and Reid by 42 retired flag and generals in the U.S.
military. And I just want to read one or two sentences from
their letter: ``It is hard to overstate how damaging the
continued existence of the detention facility at Guantanamo has
been and continues to be. It is a critical national security
issue. Many of us have been told on repeated occasions by our
friends in countries around the world that the greatest single
action the United States can take to fight terrorism is to
close Guantanamo.''
I would like to have this submitted for the record.
Mrs. Hartzler. Hearing no objection, so ordered.
[The information referred to can be found in the Appendix
on page 41.]
Ms. Speier. Responsibly managed transfers of select
individuals from Guantanamo into the custody of foreign
countries constitutes the necessary first steps towards closing
the detention center there and to embracing a more pragmatic
detention policy which strengthens national security and
upholds American values.
As it stands, only 122 detainees remain under lock and key
at Guantanamo, and 54 of those individuals are currently deemed
eligible for transfer to another country because they have been
put through a rigorous interagency review process, and it has
been determined that the risk of their returning to the fight
can be mitigated.
We need to put more confidence in this process. Although
one may never be complete in eliminating the risk that a
transferred individual will reengage, the risk can be managed.
In fact, the reengagement figures associated with the review
process are down dramatically. According to the intelligence
community, of the 88 transfers that occurred after January
2009, 6.8 percent of the transferred individuals are confirmed
to have reengaged, and 1 is suspected of having reengaged.
Contrast those figures with the 19 percent confirmed and
14.3 percent suspected of reengagement among the 532 transfers
that took place prior to 2009 that are over 30 percent. To me,
the risk of reengagement is outweighed by the risk that
Guantanamo's stigma will foment violent activities perpetrated
by extremist individuals and organizations.
Congress needs to help the President develop a more
rational detention policy that bolsters national security and
that is true to our values. The detention facility at
Guantanamo is an obstacle that needs to be surmounted. We need
to accelerate the process of responsibly transferring the
detainees that we can off the island.
Thank you again, Madam Chairwoman. Although the detainee
transfer issue is one that has proven divisive and one that
will continue to spark vigorous debate, it is an issue on which
we must stay informed and in which should facilitate progress.
I look forward to a very frank and purposeful discussion in
closed session, and I yield back the balance of my time.
Mrs. Hartzler. Sure. Thank you.
We are honored to have with us the full committee chairman.
So welcome, Chairman Thornberry.
And do you have any opening remarks that you would like to
make?
STATEMENT OF HON. WILLIAM M. ``MAC'' THORNBERRY, A
REPRESENTATIVE FROM TEXAS, CHAIRMAN, COMMITTEE ON ARMED
SERVICES
The Chairman. Thank you, Madam Chair.
I just say I appreciate you and the ranking member having
this hearing. I completely agree with the statement that
rigorous oversight is a key component of what Congress and this
committee needs to do and I would add fair--rigorous and fair
oversight needs to be a part of what we--a big part. And I
think this subcommittee is going to have its plate full.
On the subject of today's hearing, I just say I recognize
there are differences of opinion about Guantanamo. I would
caution members not to fall too easily for the propaganda of
the terrorist organizations. I believe they will look for an
excuse to justify their behavior, whether it is Guantanamo,
whether it is the Israeli-Palestinian conflict, or anything
else that they can get some traction on.
While there are differences on Guantanamo, I hope there are
no differences on the point that we do not want to see
additional prisoners released who return to the battlefield to
threaten Americans here or abroad. And I note I saw a press
article just this morning that a gentleman who was released
from Guantanamo back in 2007 or so was recently killed in I
believe Afghanistan as a key facilitator for ISIS [Islamic
State of Iraq and Syria], even in Afghanistan.
So while we have differences that relate to these issues, I
hope that we can ensure that there are no further releases that
pose dangers to us and our troops.
And with that, I thank you and yield back.
Mrs. Hartzler. Thank you, Mr. Chairman.
Also joining us today is the ranking member of the full
committee, Ranking Member Smith. Do you have any comments you
would like to make?
STATEMENT OF HON. ADAM SMITH, A REPRESENTATIVE FROM WASHINGTON,
RANKING MEMBER, COMMITTEE ON ARMED SERVICES
Mr. Smith. Thank you, Madam Chair.
Yes, just quickly, I think it is a very important issue, I
think it is very appropriate to have the hearing on it. I
think, you know, part of the issue with closing Guantanamo is--
and I agree with the chairman actually, I think that ISIS and
Al Qaeda will come up with whatever excuse they want to come up
with.
But the other issue that we have to deal with Guantanamo is
not just what ISIS or Al Qaeda thinks of it, but what some of
our allies think of it. You know, critical to our ability to
round up some terrorists throughout the world has been our
close working relationship with a lot of our European allies
and others, all of whom continue to be troubled by the presence
of Guantanamo. So, you know, will they cooperate with us if
they think the possibility of that cooperation will lead to an
inmate being sent to Guantanamo? Maybe yes, maybe no, but I
think that that is a problem. And is still an eyesore that goes
beyond our enemies who, as the chairman correctly points out,
will find any number of different reasons to strike out at us.
And I will also agree that we need a vigorous oversight. We
need to, you know, make sure, you know, of who is really
eligible for release and who isn't, but I think the track
record that Ms. Speier, you know, outlined shows that we have
learned the lessons from the pre-2009 days, and we are doing a
much, much better job of keeping careful track of who can be
released and who can't be released, and that has been reflected
in the statistics. There is never a 100 percent guarantee, but
the track record has definitely improved.
And lastly, I would say that, you know, in order to close
Guantanamo, you don't have to release all of the prisoners.
That has never been the position, or my position anyway, in
terms of what we should do in terms of closing Guantanamo. It
is just that the presence of the prison continues to be an
international eyesore, as I mentioned, to our allies much more
importantly than to our enemies.
And second, we have the capability in the United States of
America to house some of the most dangerous people in the
world. We have well over 300 terrorists that are in U.S.
Federal prisons. It has always been, you know, just a total
straw man, bogus argument that has been set up, we can't bring
these people here because they are dangerous. Well regrettably,
every society has to figure out a rational way and a safe way
to deal with very dangerous people. And if we as a society here
in the United States cannot safely hold dangerous people, then
we are in a heck of a lot of trouble, whether Guantanamo exists
or not. Whatever the population is, and I think the population
is down to what--Mr. Lewis, sorry, it's about 122?
Mr. Lewis. 122.
Mr. Smith. So, you know, whatever percent of that
population, and I again forget the numbers, but I think it is
about half of that I think that have been deemed unreleaseable
for the time being or that we don't want to release them, there
is no reason on Earth that they can't be safely housed here in
the U.S., as we already have with hundreds of terrorists. So we
can get rid of an international eyesore, adequately protect
ourselves, and I think move forward in a positive direction.
And let us not forget that I don't think in the history of
the world there has been a more expensive prison than
Guantanamo. I am going to get the number off here again, but it
is somewhere--well, let's let Jackie give it--Jackie gives me
all the numbers, she has got the sheet in front of her. It is
like $3 million per inmate per year to hold them in Guantanamo,
as compared with somewhere in the neighborhood of $75,000 to
$80,000 a year for maximum security here in the U.S. It simply
doesn't make policy sense to keep Guantanamo open.
Part of that policy is sensibly figuring out who can be
released and who can't be. But the other part of that policy is
closing the prison and safely holding those who we need to
continue to hold here in the United States.
And with that, I thank the chairwoman for her indulgence,
her time and the hearing, and yield back.
Mrs. Hartzler. Thank you very much, Mr. Smith.
So I would now like to introduce our hearing witnesses,
Paul Lewis was appointed in December 2013 by Secretary of
Defense Chuck Hagel to be the Department of Defense special
envoy for closing the detention facility at Guantanamo Bay,
Cuba. Special Envoy Lewis received his undergraduate degree in
history from the University of Notre Dame. After graduation
from Notre Dame Law School, he served in a variety of
positions, including as a judge advocate in the United States
Marine Corps.
Before assuming his current responsibilities, Mr. Lewis
held other positions in the Department of Defense and in the
House of Representatives. And most significantly, prior to
assuming his current position he served in general counsel role
for this committee. His responsibilities included in particular
the activities of this subcommittee.
Mr. Lewis, welcome back to the Armed Services Committee.
Charles Trumbull is the acting special envoy for Guantanamo
closure at the Department of State, after having served as the
deputy special envoy since 2013. His prior assignments include
working in the office of the legal advisor at the Department of
State, where he focused on both international humanitarian law
and international human rights law. Mr. Trumbull received his
undergraduate degree from Dartmouth College and his law degree
from Vanderbilt law school.
So welcome Mr. Trumbull.
So, we will now turn to Mr. Lewis for your opening
statement.
STATEMENT OF PAUL M. LEWIS, SPECIAL ENVOY FOR GUANTANAMO
DETENTION CLOSURE, U.S. DEPARTMENT OF DEFENSE
Mr. Lewis. Thank you, ma'am.
Madam Chairwoman, Chairman Thornberry, Ranking Member
Speier, distinguished members of the subcommittee and
committee, and former colleagues on your dedicated staff. Thank
you for the opportunity to testify today on past and
prospective transfers from the detention center at Guantanamo
Bay, Cuba. I am pleased to be joined by my colleague from the
Department of State, Charlie Trumbull.
I understand the members of the subcommittee will be
participating in an oversight visit to the detention facility
later this month, and I hope to join you on that visit. When
you visit Guantanamo Bay you will see dedicated and
professional service members who perform superbly under
challenging and difficult conditions.
I would like to briefly summarize my written statement. On
January 22, 2009, President Obama signed Executive Order 13492,
which ordered the closure of the detention facilities at GTMO.
Pursuant to this order, a special task force, the ``EOTF task
force,'' was established to comprehensively review information
in the possession of the U.S. Government about the detainees
and to assess appropriate disposition options.
Since then, pursuant to another Executive order signed by
the President in 2011, and consistent with section 1023 of the
NDAA [National Defense Authorization Act] for fiscal year 2012,
a Periodic Review Board [PRB] has begun to review the status of
those detainees not currently eligible for transfer and for
whom there are no charges pending and no judgment of conviction
has been entered.
As noted, there are 122 detainees remaining at the
detention facility. Of these, 54 are eligible for transfer, 10
are being prosecuted or have been sentenced, and 58 are in the
process of being reviewed by the PRB.
Secretary of Defense Hagel, as noted, has approved the
transfer of 44 detainees during his term as Secretary: 11 in
2013, 28 last year, and 5 this year. The great majority of
these transfers occurred in accordance with the authorities in
section 1035 of the fiscal year 2014 NDAA. I urge you to
maintain those authorities.
Madam Chairwoman and members of the subcommittee, at the
outset I want to make one fundamental point about the detention
facility at Guantanamo Bay, which has been mentioned by several
of you. The President has determined that closing this facility
is a national security imperative. The President and his
national security team have concluded that the continued
operation of the facility weakens our national security by
draining resources, damaging our relationships with key allies,
and emboldening violent extremists.
I believe it is no coincidence that the ISIL [Islamic State
of Iraq and the Levant] videos displaying barbaric and savage
executions of American hostages, and most recently of a
Jordanian pilot and a Japanese hostage, each showed the victim
clothed in an orange jumpsuit, believed by many to be the
symbol of the United States Government's operation of the
Guantanamo detention facility. ISIL and other terrorist groups
exploit Guantanamo to enhance their propaganda and recruiting.
As noted, 42 military leaders, all retired general officers
and flag officers, have addressed this issue. As stated, they
said, ``It's hard to overstate how damaging the continued
existence of the detention facility at Guantanamo has been and
continues to be. It is a critical national security issue'', as
mentioned by the ranking member. And as she emphasized, the
letter continued, ``Many of us have been told on repeated
occasions by our friends in countries around the world that the
greatest single action the United States can do to fight
terrorism is to close Guantanamo.''
This letter was signed by General Charles C. Krulak, a
retired Commandant of the United States Marine Corps; Major
General Michael Lehnert, the first commanding general of the
detention task force at GTMO; General Joseph Hoar, the former
head of CENTCOM [U.S. Central Command]; General David M.
Maddox, the former head of the United States Army in Europe;
and 36 other retired senior military leaders.
Many other senior military leaders acknowledge the need to
close the detention facility at GTMO as well. As noted, Admiral
Michael Mullen and General Martin Dempsey, the current and
former chairman of the Joint Chiefs of Staff, support GTMO
closure.
In 2010, General David Petraeus, who was then the commander
of CENTCOM, stated, ``I've been on the record that for well
over a year saying that GTMO should be closed . . . And I think
that whenever we have perhaps taken expedient measures, they
have turned around and bitten us . . . Abu Ghraib and other
situations like that are non-biodegradables. They don't go
away. The enemy continues to beat you with them like a stick.''
In addition to the military, senior figures across the
political spectrum have made clear that Guantanamo poses
profound risks to our national security and should be closed.
As indicated to you, former Secretaries of Defense Robert Gates
and Leon Panetta, and the current Secretary of Defense Chuck
Hagel, all support GTMO closure. And finally, as indicated,
President George W. Bush himself concluded that Guantanamo
detention facility is ``a propaganda tool for our enemies and a
distraction for our allies.''
As noted, we have had 28 detainees transfer in 2014, 5 of
them transferred this year. These detainees were transferred to
11 different countries. These recent transfers included
repatriations to Algeria, Kuwait, Saudi Arabia, and
Afghanistan. And the recent transfers also included
resettlements to Qatar, Slovakia, Georgia, Uruguay, Kazakhstan,
Estonia, and Oman. I look forward to discussing the details of
each of these transfers and potential additional transfers in
the closed briefing.
Overall, 22 nations have taken detainees from GTMO who are
not from that country. This broad support in the international
community is also demonstrated by the numerous international
organizations calling for closure, including the Organization
for American States, and most recently the Vatican.
As with our military leaders, foreign leaders regularly
cite the Guantanamo detention center as an obstacle to
counterterrorism efforts. For example, a high-ranking security
official from one of our staunchest allies in counterterrorism
told Charlie's predecessor, Cliff Sloan, ``the greatest single
action the United States can do to fight terrorism is to close
Guantanamo.''
I will talk briefly about the transfer process. My written
statement discusses this process, security assurances, which
include travel restrictions, monitoring, information sharing,
and reintegration and rehabilitation programs, all important
factors in mitigating the risks in detail. But in summary, we
try to do three things.
We assess the risks and balance the risks. Transfers are
not risk free, but neither is continued detention. Second, we
evaluate all sorts of information in making these decisions.
All sorts of information. And three, we tailor agreements and
conditions to mitigate the threat, and we follow up. As
indicated, we take the responsibility of reengagement very
seriously. Secretary Hagel has testified forcefully before the
full committee on this.
Briefly, the ODNI [Office of the Director of National
Intelligence] recognizes these figures in three ways: total;
pre-January 22, 2009; and post-January 22 of 2009. I will
summarize the current public reporting. For the total figures
there are 17.3 percent confirmed and 12.4 percent suspected,
for a total of 29 percent confirmed or suspected of
reengagement.
Prior to January 22, 2009, 19 percent confirmed, 14.3
percent suspected, for a total of 33 percent. And post-January
22, 2009, 6.8 percent confirmed and 1.1 percent suspected, for
a total of 7.9 percent confirmed or suspected. In other words,
as noted, the rate of reengagement has been much lower for
those transferred since 2009.
Of the detainees transferred under this administration,
over 90 percent are neither confirmed nor suspected of having
reengaged. And I want to emphasize one additional key point
about this reengagement data. Of the 107 confirmed of
reengaging, the vast majority of them transferred prior to
2009, 48 are either dead or in custody.
Detainees transferred from GTMO by no means receive a free
pass to reengage. Their activities are closely watched, and we
are committed to using all lawful tools, if necessary, to
mitigate the threat such detainees may pose if they do
reengage.
Finally, our plan to close the Guantanamo detention
facility has three main elements. First, we will continue the
process of responsibly transferring the 54 detainees eligible
for transfer. Second, we will continue the prosecution of
detainees in military commissions, and if possible, in Federal
courts. And third, we will continue to expedite the PRB
process.
When we have concluded all these three lines of effort, it
is likely that there will be a limited number of detainees who
cannot be prosecuted, but as noted, are too dangerous to
transfer even with the security assurances. They will remain in
our custody, and we will work with Congress on options for
those detainees.
In conclusion, President Bush worked toward closing GTMO
and many officials in his administration worked hard towards
that objective. The President and his national security experts
of this administration also believe it should be closed. The
senior military leaders of the country and the leaders of the
Department of Defense concur. As indicated in the letter by the
retired military leaders, many believe closure of this facility
is the single most important counterterrorism effort the United
States can undertake. And as you have heard, many of our allies
agree. We believe the issue is not whether to close the
Guantanamo Bay detention facility, the issue is how to do it.
And thank you, and I look forward to your questions at the
closed briefing.
[The prepared statement of Mr. Lewis can be found in the
Appendix on page 19.]
Mrs. Hartzler. Thank you.
Now we will hear opening remarks from Mr. Trumbull.
STATEMENT OF CHARLES TRUMBULL, ACTING SPECIAL ENVOY FOR
GUANTANAMO CLOSURE, U.S. DEPARTMENT OF STATE
Mr. Trumbull. Well, thank you, Madam Chairwoman, Ranking
Member Speier, and members of this committee.
I appreciate your invitation to appear here today on the
important matter of detainee transfers from Guantanamo Bay
detention facility.
I am also honored to be here along with my colleague,
Department of Defense special envoy Paul Lewis.
The special envoy for Guantanamo closure serves as the
State Department's lead negotiator for the transfer of
Guantanamo's detainees abroad, and my office has a primary
responsibility for managing the diplomatic issues related to
the facility.
My office also plays a leading role in the interagency
process that determines when and where a detainee is
transferred, as well as the periodic review process for those
detainees not currently approved for transfer. In addition, we
work closely with our embassies around the world to follow up
on the progress of detainees who have been transferred to other
countries.
It has been an honor to contribute to this administration's
goal of closing the detention facility at Guantanamo Bay, a
process that started under the Bush administration. As
President Obama has stated, the detention facility at
Guantanamo, ``Weakens our national security by draining
resources, damaging our relationships with key allies and
partners, and emboldening violent extremists.''
World leaders consistently call on us to finally close
Guantanamo, including Pope Francis just last month. From a
foreign affairs perspective, I cannot overstate the fact that
Guantanamo is a serious irritant in our relationships with
important partners and allies, and interferes with our
cooperation on issues ranging from security and
counterterrorism to the promotion of human rights.
As the acting special envoy, my and Paul's primary focus is
to transfer the 54 detainees who are currently approved for
transfer. Now, ``approved for transfer'' is an extremely
important designation because it reflects the considered
unanimous judgment of national security experts from six
agencies that an individual detainee can and should be
transferred, subject to appropriate security measures. That is,
a detainee is approved for transfer only when defense,
diplomatic, intelligence, and law enforcement professionals
determine that the detainee's transfer is consistent with U.S.
national security and foreign policy interests.
Detainees can be approved for transfer in one of two ways.
The vast majority of the 54 individuals currently approved for
transfer were approved by the 2009 Executive order task force,
which included representatives from the Department of State,
the Department of Defense, the Joint Chiefs of Staff, the
Department of Justice, the Department of Homeland Security, and
the Office of the Director of National Intelligence. This
rigorous interagency process collected and considered all
reasonably available information concerning the detainees at
Guantanamo Bay.
The decision to approve a detainee for transfer required
the unanimous consensus of these six departments and agencies,
and it reflected the best predictive judgment of senior
government officials that any threat posed by the detainee
could be sufficiently mitigated through feasible and
appropriate security measures in the receiving country.
As the publicly available task force report notes, many of
these detainees were at most low-level fighters and are
``appropriate candidates for transfer from a threat perspective
in light of their limited skills, minor organizational roles,
or other factors.''
A detainee can also be approved for transfer by the
Periodic Review Board. The PRB is in the process of considering
detainees who are not currently approved for transfer, facing
charges in the military commission, or are awaiting or serving
their military commission sentence.
The PRB panel consists of one voting member from the
Departments of Defense, Homeland Security, Justice, and State,
as well as the Joint Staff and the Office of the Director of
National Intelligence. The PRB's mandate is to determine
whether the continued detention of a detainee is necessary to
protect against a continuing significant threat to the national
security of the United States. Detainees appearing before the
PRB are assigned a personal representative and have the
opportunity to be represented by a private counsel at no cost
to the government. Detainees can provide an oral and a written
statement, submit evidence, call witnesses, and elect to answer
questions posed by the board members.
Thus far, the PRB has reviewed the cases of 12 individuals,
and has reached a final determination in 9 of those cases. Of
the nine detainees whose results have been finalized, six were
approved for transfer, and three were designated for continued
detention. This track record should make clear that the PRB is
not a rubber stamp for either transfer or continued detention.
Now, I just want to talk a little bit about the detainee
transfers that Paul has also gone over. We have made
significant progress in transferring those detainees who are
approved for transfer. As Paul noted, 28 detainees were
transferred in 2014, and 5 detainees have been resettled thus
far this year. The 54 remaining detainees who are approved for
transfer can and should be transferred from Guantanamo, subject
to appropriate security measures and humane treatment
assurances.
It is important to note that the decision to approve a
detainee for transfer is not the end of the process. Prior to
any transfer, the intelligence community provides an updated
assessment of the individual, as well as an assessment of the
receiving country's capabilities. We also work extensively with
receiving governments to ensure that measures have been or will
be taken to substantially mitigate the threat that the
individual will engage or reengage in activity that threatens
the United States or United States persons or interests.
Our rigorous approach to transfers, which looks both at the
potential threat posed by the individual and the measures that
the receiving country has taken or will take, is effective.
According to the most recent public report from ODNI, of the
detainees transferred under this administration only 6.8
percent are confirmed and only 1.1 percent are suspected of
engaging in hostile or uncertain activity.
While we take every instance of reengagement seriously, the
important point is that over 90 percent of these individuals
are not even suspected, much less confirmed of engaging in
hostile activities after their release.
Now one challenge we face in our effort to close Guantanamo
is the fact that many of the detainees approved for transfer
cannot be returned to their home country due to the security or
humane treatment concerns. As former special envoy Sloan wrote
in New York Times, these individuals are not the worst of the
worst, but rather they are the detainees at Guantanamo with the
worst luck. Of the 54 detainees currently approved for
transfer, 47, for example, are from Yemen. Members of this
committee are certainly aware of the security situation in that
country. This administration has not transferred a Guantanamo
detainee to Yemen since 2010. And our current focus is
resettling those individuals in third countries.
In the past several months we have resettled 12 Yemenis to
5 different countries. It is a testament to our strong standing
internationally that numerous countries have been willing to
provide homes for those individuals who cannot be returned to
their home country and who should not remain at Guantanamo
solely because of the security situation in Yemen. These
countries should be commended for taking this important
humanitarian step and for the contribution to the President's
goal of closing Guantanamo in a secure and responsible manner.
Looking forward, our goals for 2015 are clear. First, we
must transfer all of those detainees approved for transfer, the
vast majority of whom have been approved for 5 years. Second,
we must continue and expedite the PRB process. In both of these
efforts, I look forward to working closely with Paul Lewis and
with my interagency colleagues, as well as members of this
committee.
Thank you, Madam Chairwoman.
[The prepared statement of Mr. Trumbull can be found in the
Appendix on page 33.]
Mrs. Hartzler. Thank you.
Pursuant to our unanimous consent agreement, we will now
adjourn from open session and reconvene immediately for our
classified briefing in room 2216.
[Whereupon, at 3:45 p.m., the subcommittee proceeded in
closed session.]
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A P P E N D I X
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