Amnesty International Says President Obama Just Changed the Zip Code for Guantanamo

/PRNewswire/ -- Tom Parker, Amnesty International USA policy director for (counter) terrorism and human rights, issued the following statement in response to the Obama administration's decision to relocate some of the detainees in the U.S.-controlled detention facility at Guantanamo Bay, Cuba to the Thomsom Correctional Center in Illinois:

"The detainees who are currently scheduled to be relocated to Thomsom have not been charged with any crime. In seven years, the U.S. government, including the CIA and FBI, have not produced any evidence against these individuals that can be taken to a court of law.

"The only thing that President Obama is doing with this announcement is changing the Zip Code of Guantanamo.

"A fundamental principle of the rule of law is that people cannot be held without charge or trial. The founding fathers knew it, the greatest generation fought for it, candidate Obama campaigned for it and the President needs to remember it."

Remarks as Prepared for Delivery by Attorney General Eric Holder at Press Conference on Guantanamo Detainees

/PRNewswire/ -- The following are the remarks as prepared for delivery by Attorney General Eric Holder at Press Conference on Guantanamo Detainees:

Good morning. Just over eight years ago, on a morning our nation will never forget, nineteen hijackers working with a network of Al Qaeda conspirators around the world launched the deadliest terrorist attacks our country has ever seen. Nearly 3,000 people lost their lives in those attacks, and in the years since, our nation has had no higher priority than bringing those who planned and plotted the attacks to justice.

One year before, in October 2000, a terrorist attack on the USS Cole killed seventeen American sailors.

Today we announce a step forward in bringing those we believe were responsible for the 9/11 attacks and the attack on the USS Cole to justice.

Five detainees at Guantanamo have been charged before military commissions with participation in the 9/11 plot: Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarak Bin Attash, Ramzi Bin Al Shibh, Ali Abdul-Aziz Ali, and Mustafa Ahmed Al Hawsawi. Those proceedings have been stayed since February, as have the proceedings pending in military commissions against four other detainees accused of different crimes. A case in military commissions against the alleged mastermind of the Cole bombing, Abd al-Rahim al-Nashiri, was withdrawn in February.

For the past several months, prosecutors at the Department of Justice have been working diligently with prosecutors from the Pentagon's Office of Military Commissions to review the case of each detainee at Guantanamo who has been referred for prosecution. Over the past few weeks, I have personally reviewed these cases, and in consultation with the Secretary of Defense, have made determinations about the prosecution of ten detainees now held at Guantanamo, including those charged in the 9/11 plot and the alleged mastermind of the Cole bombing.

Today, I am announcing that the Department of Justice will pursue prosecution in federal court of the five individuals accused of conspiring to commit the 9/11 attacks. Further, I have decided to refer back to the Department of Defense five defendants to face military commission trials, including the detainee who was previously charged in the USS Cole bombing.

The 9/11 cases that will be pursued in federal court have been jointly assigned to prosecutors from the Southern District of New York and the Eastern District of Virginia and will be brought in Manhattan in the Southern District of New York. After eight years of delay, those allegedly responsible for the attacks of September the 11th will finally face justice. They will be brought to New York to answer for their alleged crimes in a courthouse just blocks from where the twin towers once stood.

I am confident in the ability of our courts to provide these defendants a fair trial, just as they have for over 200 years. The alleged 9/11 conspirators will stand trial in our justice system before an impartial jury under long-established rules and procedures.

I also want to assure the American people that we will prosecute these cases vigorously, and we will pursue the maximum punishment available. These were extraordinary crimes and so we will seek maximum penalties. Federal rules allow us to seek the death penalty for capital offenses, and while we will review the evidence and circumstances following established protocols, I fully expect to direct prosecutors to seek the death penalty against each of the alleged 9/11 conspirators.

In his speech at the National Archives in May, the President called for the reform of military commissions to ensure that they are a lawful, fair, and effective prosecutorial forum. The reforms Congress recently adopted to the Military Commissions Act ensure that military commission trials will be fair and that convictions obtained will be secure.

I know that the Department of Defense is absolutely committed to ensuring that military commission trials will be consistent with our highest standards as a nation, and our civilian prosecutors will continue to work closely with military prosecutors to support them in that effort.

In each case, my decision as to whether to proceed in federal courts or military commissions was based on a protocol that the Departments of Justice and Defense developed and that was announced in July. Because many cases could be prosecuted in either federal courts or military commissions, that protocol sets forth a number of factors - including the nature of the offense, the location in which the offense occurred, the identity of the victims, and the manner in which the case was investigated - that must be considered. In consultation with the Secretary of Defense, I looked at all the relevant factors and made case by case decisions for each detainee.

It is important that we be able to use every forum possible to hold terrorists accountable for their actions. Just as a sustained campaign against terrorism requires a combination of intelligence, law enforcement and military operations, so must our legal efforts to bring terrorists to justice involve both federal courts and reformed military commissions. I want to thank the members of Congress, including Senators Lindsay Graham, Carl Levin and John McCain who worked so hard to strengthen our national security by helping us pass legislation to reform the military commission system.

We will continue to draw on the Pentagon's support as we bring cases against the alleged 9/11 conspirators in federal court. The Justice Department has a long, successful history of prosecuting terrorists for their crimes against our nation, particularly in New York. Although these cases can often be complex and challenging, federal prosecutors have successfully met these challenges and have convicted a number of terrorists who are now serving lengthy sentences in our prisons. And although the security issues presented by terrorism cases should never be minimized, our marshals, court security officers, and prison officials have extensive experience and training dealing with dangerous defendants, and I am confident they can meet the security challenges posed by this case.

These detainees will not be transferred to the United States for prosecution until all legal requirements are satisfied, including those in recent legislation requiring a 45 day notice and report to the Congress. I have already spoken to Governor Paterson and Mayor Bloomberg and am committed to working closely with them to ensure that all security and related concerns are properly addressed. I have every confidence that we can safely hold these trials in New York, as we have so many previous terrorism trials.

For the many Americans who lost friends and relatives in the attacks of September 11, 2001 and on the USS Cole, nothing can bring those loved ones back. But they deserve the opportunity to see the alleged plotters of those attacks held accountable in court, an opportunity that has been too long delayed. Today's announcements mark a significant step forward in our efforts to close Guantanamo and to bring to justice those individuals who have conspired to attack our nation and our interests abroad.

For over two hundred years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice and provide accountability to victims. Once again we will ask our legal system, in two venues, to rise to that challenge. I am confident it will answer the call with fairness and justice.

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United States Transfers Three Guantanamo Bay Detainees to Foreign Nations

/PRNewswire/ -- The Department of Justice announced September 26 that three detainees have been transferred from the detention facility at Guantanamo Bay to the control of the governments of Ireland and Yemen.

As directed by the President's Jan. 22, 2009 Executive Order, the interagency Guantanamo Review Task Force conducted a comprehensive review of each of these cases. As a result of that review, these detainees were approved for transfer from Guantanamo Bay. In accordance with Congressionally-mandated reporting requirements, the Administration informed Congress of its intent to transfer each of these detainees at least 15 days before their transfer.

Alla Ali Bin Ali Ahmed, a native of Yemen was transferred to the government of Yemen. On May 4, 2009, a federal court ruled that Ahmed may no longer be detained under the Authorization for the Use of Military Force and ordered the government to release him from detention at Guantanamo Bay.

In addition, two additional detainees were transferred to the government of Ireland. Pursuant to a request from the government of Ireland, the identities of these detainees are being withheld for security and privacy reasons.

These transfers were carried out under individual arrangements between the United States and the governments of Yemen and Ireland. The United States has coordinated with the governments of each of these nations to ensure the transfers take place under appropriate security measures and will continue to consult with these governments regarding these detainees.

Since 2002, more than 550 detainees have departed Guantanamo for other countries including Albania, Algeria, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Bermuda, Chad, Denmark, Egypt, France, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Portugal, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.

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United States Transfers Two Guantanamo Detainees to Foreign Nations

/PRNewswire / -- The Department of Justice today announced that one national of Iraq and one national of Chad have been transferred from the detention facility at Guantanamo Bay to their home countries.

As directed by the President's Jan. 22, 2009, Executive Order, the interagency Guantanamo Review Task Force conducted a comprehensive review of each of these cases. As a result of that review, these detainees were approved for transfer from Guantanamo Bay. The transfers were carried out pursuant to arrangements between the United States and the governments of Iraq and Chad.

Last night, Iraqi national Jawad Jabber Sadkhan was transferred to Iraq. Chadian national Mohammed El Gharani was transferred to Chad earlier today. On Jan. 14, 2009, a federal court ordered the U.S. government to take all necessary and appropriate steps to facilitate El Gharani's release from Guantanamo Bay.

"As our review of detainees continues, the support of the international community is critical to the closure of the detention facility at Guantanamo Bay and the security of our country," said Matthew Olsen, Executive Director of the Guantanamo Review Task Force. "We are grateful for the cooperation of the Governments of Iraq and Chad and for their assistance on the successful transfer of these individuals."

Since 2002, more than 540 detainees have departed Guantanamo for other countries including Albania, Algeria, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.

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Ahmed Ghailani Transferred From Guantanamo Bay to New York for Prosecution on Terror Charges

/PRNewswire / -- The Justice Department today announced that Ahmed Khalfan Ghailani, a Tanzanian national who had been held at the Guantanamo Bay detention facility since September 2006, arrived early this morning in the Southern District of New York to face criminal charges stemming from his alleged role in the Aug. 7, 1998 bombing of the U.S. Embassies in Dar es Salaam, Tanzania and Nairobi, Kenya.

After a thorough review of his case by the interagency Guantanamo Review Task Force, Ghailani was recently referred for criminal prosecution in the Southern District of New York pursuant to a March 12, 2001 superseding indictment against him.

Ghailani was transferred from the custody of the Department of Defense to the Southern District of New York by the U.S. Marshals Service. He is currently in custody at the Metropolitan Correctional Center, which has housed numerous terror suspects over the years during their prosecutions in the Southern District of New York. Ghailani is expected to make his initial appearance in Manhattan federal court later today.

Ghailani faces 286 separate counts in the March 2001 superseding indictment. Among other violations, the superseding indictment charges him with conspiring with Usama bin Laden and other members of al-Qaeda to kill Americans anywhere in the world, as well as separate charges of murder for the deaths of each of the 224 people killed in the U.S. Embassy bombings in Tanzania and Kenya and various other offenses related to the bombings.

"With his appearance in federal court today, Ahmed Ghailani is being held accountable for his alleged role in the bombing of U.S. Embassies in Tanzania and Kenya and the murder of 224 people," said Attorney General Eric Holder. "The Justice Department has a long history of securely detaining and successfully prosecuting terror suspects through the criminal justice system, and we will bring that experience to bear in seeking justice in this case."

The chart below details the charges against Ghailani and the statutory maximum penalties. The public is reminded that the charges and allegations contained in the superseding indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Count(s) Description of Charge Maximum Penalties
Counts 1 - 6: Conspiracies to Murder, Bomb, and Maim

1 Conspiracy to Kill U.S. Nationals
Life
2 Conspiracy to Murder, Kidnap, and Maim At Places Outside the
United States
Life
3 Conspiracy to Murder
Life
4 Conspiracy to Use Weapons of Mass Destruction Against U.S.
Nationals
Death or life
5 Conspiracy to Destroy Buildings and Property of the United States
Life (mandatory minimum of 20 years)
6 Conspiracy to Attack National Defense Utilities
10 years

Counts 7 - 286: The Africa Bombings

7 Bombing of the U.S. Embassy in Nairobi, Kenya
Death or life (mandatory minimum of 20 years)
8 Bombing of the U.S. Embassy in Dar es Salaam, Tanzania
Death or life (mandatory minimum of 20 years)
9 Use and Attempted Use of Weapons of Mass Destruction Against U.S.
Nationals in Nairobi, Kenya
Death or life
10 Use and Attempted Use of Weapons of Mass Destruction Against U.S.
Nationals in Dar es Salaam, Tanzania
Death or life
11-223 Murders in Nairobi, Kenya
Death or mandatory life
224-234 Murders in Dar es Salaam, Tanzania
Death or mandatory life
235-275 Murder of U.S. Employees in Nairobi, Kenya
Death or mandatory life
276 Attempted Murder of U.S. Employees in Nairobi, Kenya
20 years
277-278 Murder of U.S. Employees in Dar es Salaam, Tanzania
Death or mandatory life
279 Attempted Murder of U.S. Employees in Dar es Salaam, Tanzania
20 years
280-281 Murder of Internationally Protected Persons in Nairobi, Kenya
Death or mandatory life
282 Attempted Murder of Internationally Protected Persons in Nairobi,
Kenya
20 years
283 Attempted Murder of Internationally Protected Persons in Dar es
Salaam, Tanzania
20 years
284 Using and Carrying An Explosive During the Commission of A Felony
10 years consecutive
285 Using and Carrying A Dangerous Device During the Bombing Of the
U.S. Embassy in Nairobi, Kenya
30 years consecutive
286 Using and Carrying A Dangerous Device During the Bombing Of the
U.S. Embassy in Dar es Salaam, Tanzania
Life or 30 years consecutive

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Bauer Calls Plans to Release Terrorist in the U.S. 'An Outrage...Confirming Our Worst Fears'

/PRNewswire/ -- Former presidential candidate Gary L. Bauer on Thursday expressed shock and outrage over the Obama Administration's admission that it is considering releasing terrorist suspects at Guantanamo Bay into the United States.

Responding to comments by Attorney General Eric Holder, Bauer, President of American Values said, "The first obligation of the government is to keep Americans safe. How can releasing enemy combatants, picked up on foreign battlefields, into American neighborhoods possibly safeguard our security?

"In recent days, there have been reports of missing American Somalis leading to active FBI investigations about jihad recruitment in several major American cities. It is unconscionable that this administration would even entertain the idea of adding to that problem by importing terrorist suspects from GITMO.

"For a president who likes to emulate Franklin Roosevelt on economic policy, I wish he would model Roosevelt on national security policy too. Nazi spies captured in this country and accused of plotting acts of terrorism were tried in military tribunals and executed in a matter of weeks. Our goal in World War II was victory. Our demand was unconditional surrender, not more negotiations and diplomacy with our enemies."

"Americans were concerned when President Obama ordered GITMO closed without any plan for the thugs currently detained there. We were rightly outraged when the Obama Administration followed that up by dropping the charges against the mastermind of the USS Cole bombing, which killed 17 American sailors. Sadly, Attorney General Holder has just confirmed our worst fears."

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Department of Justice Withdraws 'Enemy Combatant' Definition for Guantanamo Detainees

/PRNewswire-USNewswire/ -- In a filing today with the federal District Court for the District of Columbia, the Department of Justice submitted a new standard for the government's authority to hold detainees at the Guantanamo Bay Detention Facility. The definition does not rely on the President's authority as Commander-in-Chief independent of Congress's specific authorization. It draws on the international laws of war to inform the statutory authority conferred by Congress. It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial. And it does not employ the phrase "enemy combatant."

The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government's position as it develops a comprehensive policy.

"As we work towards developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law," said Attorney General Holder. "The change we've made today meets each of those standards and will make our nation stronger."

In its filing today, the government bases its authority to hold detainees at Guantanamo on the Authorization for the Use of Military Force, which Congress passed in September 2001, and which authorized the use of force against nations, organizations, or persons the president determines planned, authorized, committed, or aided the September 11 attacks, or harbored such organizations or persons. The government's new standard relies on the international laws of war to inform the scope of the President's authority under this statute, and makes clear that the government does not claim authority to hold persons based on insignificant or insubstantial support of al Qaeda or the Taliban.

The brief was filed in habeas litigation brought by numerous detainees at Guantanamo who are challenging their detention under the Supreme Court's decision last summer in Boumediene v. Bush.

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Attorney General Appoints Executive Director to Lead New Task Force on Review of Guantanamo Bay Detainees

/PRNewswire-USNewswire/ -- Attorney General Eric Holder today announced the appointment of an Executive Director to lead a new interagency task force charged with continued implementation of the President's Jan. 22 Executive Order calling for an immediate review of the status of individuals currently detained at Guantanamo Bay Naval Base.

The Executive Director, Matthew G. Olsen, will lead the Guantanamo Detainee Review Task Force, which is responsible for assembling and examining relevant information and making recommendations regarding the proper disposition of each individual currently detained at Guantanamo Bay.

In accordance with the President's Order, the Task Force will consider whether it is possible to transfer or release detained individuals consistent with the national security and foreign policy interests of the United States; evaluate whether the government should seek to prosecute detained individuals for crimes they may have committed; and, if none of those options are possible, the Task Force will recommend other lawful means for disposition of the detained individuals.

The Order provides that the Attorney General shall coordinate this review in conjunction with the Secretaries of Defense, State, and Homeland Security, the Director of National Intelligence and the Chairman of the Joint Chiefs of Staff in order for the detention facilities at Guantanamo Bay to be closed within one year from the date of the Executive Order.

"As a leader of the Department's National Security Division and 12-year career federal prosecutor, Mr. Olsen has the experience and judgment to lead the team's evaluation of these individual cases," said Attorney General Holder. "We've established a solid framework for the administration to make the right decision on each individual detainee -- decisions that will most effectively serve the interests of justice and the national security and foreign policy objectives of the United States."

As Executive Director for the detention review process, Mr. Olsen will be responsible for managing the consideration and disposition of individual detainee cases as set forth in the President's Order. He will supervise review teams consisting of representatives from the Justice Department and the other agencies identified in the President's Order.

These multi-agency teams will conduct the specific detainee reviews and develop options and recommendations for the Executive Director to present to a Review Panel consisting of senior-level officials from each of the relevant Departments and agencies who are authorized to make decisions as to the disposition of each detainee. Review Panel members will be responsible for ensuring that each department or agency devotes the necessary resources so that the Task Force can conduct this review and enable closure of the facility within the one-year time frame required under the Executive Order.

Until his appointment today, Mr. Olsen served as the Acting Assistant Attorney General for National Security, where he managed the Justice Department's National Security Division. Previously, as Deputy Assistant Attorney General, he helped establish the National Security Division in 2006 and supervised the Department's intelligence operations and oversight.

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Leading Civil Liberties and Human Rights Organizations Urge Obama Not to Create On-Shore Guantanamo System

/PRNewswire-USNewswire/ -- Four leading civil liberties and human rights organizations today urged President-elect Obama to implement "an unqualified return to America's established system of justice for detaining and prosecuting suspects" when he fulfills his pledge to shut down the Guantanamo Bay prison camp and military commissions. In a letter delivered to the presidential transition team, the American Civil Liberties Union, Amnesty International USA, Human Rights First and Human Rights Watch state that they "categorically oppose the creation of any other ad-hoc illegal detention system or 'third way' that permits the executive branch to suspend due process and hold suspected terrorists without charge or trial, essentially moving Guantanamo on-shore."

The full text of the letter is as follows:

Dear President-elect Obama:


As heads of four prominent civil liberties and human rights organizations, we wish to convey our uniform position on the steps we believe should be taken once you fulfill your pledge to close the Guantanamo Bay prison camp.

Our groups firmly advocate an unqualified return to America's established system of justice for detaining and prosecuting suspects. We categorically oppose the creation of any other ad-hoc illegal detention system or "third way" that permits the executive branch to suspend due process and hold suspected terrorists without charge or trial, essentially moving Guantanamo on-shore.

As you know, the Geneva Conventions allow for the detention of enemy soldiers captured on the battlefield until the cessation of international armed conflict. But what is new -- and altogether radical -- is the notion that a wartime detention model can be applied to something as amorphous as a "war on terror" that lacks a definable enemy, geographical boundary, or the prospect of ending anytime soon. If a conflict exists everywhere and forever, empowering the government to detain combatants until the end of hostilities takes on a whole new and deeply disturbing meaning.

We are confident that when you take office, you will immediately set a date certain for closing Guantanamo. The new Justice Department should conduct a fresh review of all detainee records to determine whether there is legitimate evidence of criminal activity. Where there is not, detainees should be repatriated to their home countries for trial or release. If there is a risk of torture or abuse in their home countries, they should be transferred to third countries that will accept them or admitted to the United States.

Where evidence of criminal activity does exist, detainees should be prosecuted in traditional federal courts. Contrary to the views of proponents of detention without trial who argue that America's existing courts can't handle terrorism prosecutions, the United States justice system has a long history of handling terrorism cases without compromising fundamental rights of defendants while accommodating sensitive national security issues. In fact, a recent analysis of more than 100 successfully prosecuted international terrorism cases conducted by two former federal prosecutors for Human Rights First found that "the justice system ... continues to evolve to meet the challenge terrorism cases pose." Our courts have proven that they can handle sensitive evidence. The Classified Information Procedures Act (CIPA) outlines a comprehensive set of procedures for federal criminal cases involving classified information. Applying CIPA over the years, courts have successfully balanced the need to protect national security information, including the sources and means of intelligence gathering, with defendants' fair trial rights.

Some have argued that the best way to deal with the toughest cases at Guantanamo would be to establish what amounts to another unconstitutional detention system once the island prison camp is shut down. The proponents of this school of thought claim that there are some detainees who are too dangerous to be released but who cannot face criminal charges. This is mostly based on the assumptions that some detainees have committed crimes not covered by American law, that some cases rely on sensitive national security information that cannot be disclosed in open court, and that the evidence against some detainees would not be admissible in a regular court because it was coerced through torture or abuse.

But federal prosecutors have an imposing array of prosecutorial weapons at their disposal, including laws that criminalize conspiring or attempting to commit homicide, harboring or concealing terrorists, and providing "material support" to terrorist organizations. The government can secure a conviction for conspiracy by showing only an agreement to commit a crime against the United States and any overt act in furtherance of that agreement. If the government cannot meet that minimal burden of proof, it is difficult to see why it should continue to detain a suspect.

It is true that many of the statements obtained from detainees through abusive interrogation would not be admissible in a court of law. But the fact that the American justice system prohibits imprisonment on the basis of evidence tortured out of prisoners is one of its strengths, not a weakness; it's why we call it a "justice system" in the first place. Moreover, one would hope that if a prisoner were as guilty or dangerous as claimed, the government would be able to gather enough admissible evidence to prove its case from untainted sources, such as computers or cell phones that were seized, conversations that were intercepted, or physical surveillance that was conducted.

But most importantly, to create a whole new detention system and enact new legislation to accommodate the Bush administration's shameful torture policies would be a legal and moral catastrophe. Even the most unequivocal repudiation of torture would be hollow if your administration were to construct another regime to hide its occurrence and evade its consequences.

The lessons from the military commissions debacle should be heeded. It is not possible to create a brand new system of justice from scratch in the United States without enduring years of litigation and controversy. Any new national court system or regime that allows detention without due process will be challenged, most likely all the way to the Supreme Court. In the meantime, there will be massive controversy and uncertainty about the fate of detainees caught up in it.

There's no doubt the Bush administration's abhorrent detention policies have left you, the American people and the entire world with a huge mess to clean up. At the same time, you have inherited a huge opportunity to lead America on its journey to regain its values and credibility. This cannot be done with half-steps. There's no such thing as "sort of upholding our principles to the extent possible." We strongly urge you to uncompromisingly restore America's role as a nation that stands for decency, justice and the rule of law.

With gratitude for your consideration in this matter,


Anthony D. Romero
Executive Director
American Civil Liberties Union

Larry Cox
Executive Director
Amnesty International USA

Elisa Massimino
Executive Director
Human Rights First

Kenneth Roth
Executive Director
Human Rights Watch

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