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Entries in Detention (6)

Saturday
Jan242009

Obama on Top of the World: The Latest in US Foreign Policy (24 January)

Earlier Updates and Links to Stories: The Latest in US Foreign Policy (23 January)
Latest Post: Coming Next in Iran
Latest Post: Track Barack with the Obamameter

1:35 p.m. After a long and busy week, we're taking the night off. We'll be back in the morning with all the overnight developments fit to notice.

12:50 p.m. According to the German magazine Der Spiegel, France has drafted a plan for European countries to take 60 detainees from the Guantanamo Bay facility. The French Government has refused to comment on the report.

12:40 p.m. In Independent but Not-Quite-Independent Iraq, US troops have killed a couple and wounded their daughter in a raid on  the house of a former Iraqi Army officer in Kirkuk.

A US military spokesman claimed the incident occurred in a joint operation with Iraqi forces, but an Iraqi police general said no Iraqi troops were present.

11:15 a.m. India Snubs Barack and Hillary. Here's one we missed. All week we were identifying Richard Holbrooke as President Obama's special envoy for Afghanistan, Pakistan, and India. In fact, when the appointment was announced on Thursday, India had fallen off the title.

It wasn't an omission. According to a US official, "When the Indian government learned Holbrooke was going to do [Pakistan]-India, they swung into action and lobbied to have India excluded from his purview. And they succeeded. Holbrooke's account officially does not include India."

Daniel Markey of the Council on Foreign Relations offers an explanation for Delhi's resistance: "They [India] are the big fish [in the region]. They don't want to be grouped with the 'problem children' in the region, on Kashmir, on nuclear issues." Moreover, another US official added, "The Indians do not like Holbrooke because he has been very good on Pakistan... and has a very good feel for the place."



11 a.m. Hey, Barack, Look Over Here! United Press International reports:

North Korea's state-run Korean Central News Agency said that a special U.S. Department of Defense investigations committee "recently made public a report designating (North Korea) as a nuclear weapons state."


The news service said the Defense Department report said that North Korea not only has "several nuclear weapons but a missile system capable of delivering them."



At the same time, North Korean leader Kim Jong-Il is reportedly telling Chinese hosts, "The North Korean side will commit itself to the denuclearization of the North Korean peninsula, and hopes to co-exist peacefully with other involved parties."

9:45 a.m. Best Friends Forever Alert. Russian President Dmitri Medvedev made a big show on Friday of co-operation with the new Obama Administration, pointing to his country's permission for US transit of supplies to Afghanistan and offering to work with international efforts against drug-trafficking and terrorism in that country.

It's a low-cost, low-risk strategy for Moscow. There is no great inconvenience giving Washington an alternative to its now-closed Khyber Pass route, and reduced drug production in Afghanistan could ease the flow of illegal narcotics into Russia. And Medvedev can even chide the now-departed Bush Administration, ""Let's hope the new U.S. administration will be more successful than the previous one in dealing with the Afghan settlement."

Russia can do so because it knows full well that, if Obama's military-first approach in Afghanistan fails, it won't be the Soviet Union of the 1980s but the US of the 21st century that takes the fall.

8:30 a.m. A quick tip of the hat to our little-brother site, The State of the United States, which continues to offer some of the most provocative and incisive analysis of US politics: "I'm sure all of us will see Obama's promises carried out soon; people are going to have to be patient. I ask, what is Obama going to promise next? An end to the death penalty?"

6:20 a.m. A suicide car bomb aimed at African Union peacekeepers in Mogadishu, Somalia, has killed 15.

6:05 a.m. More (conflicting) details on the US attack in eastern Afghanistan overnight. The American military is still claiming that 15 militants, including a woman, were killed. Afghan official and a village elder say 21 or 22 civilians died. The elder added, "Their bodies are on the ground. If you (Afghan government) do not believe us, you have helicopters and you should come to the area and see that these are civilians."

5:20 a.m. A revealing pair of sentences in a New York Times summary of yesterday's US missile strikes on Pakistan, which killed at least 20 people:

The downside: "American officials in Washington said there were no immediate signs that the strikes on Friday had killed any senior Qaeda leaders."


The upside: "They said the attacks had dispelled for the moment any notion that Mr. Obama would rein in the Predator attacks."



Soon after the attacks, Obama convened his first National Security Council meeting devoted specifically to Pakistan and Afghanistan. We're searching for details of the discussions.

5:10 a.m. Completely helpful, non-sensational lead sentence in New York Times story on releasing detainees from Guantanamo Bay:

Is Khalid Sheikh Muhammed coming to a prison near you?



5 a.m. Five policeman have been killed and 13 people wounded in a suicide bomb attack northwest of Baghdad.

4:10 a.m. Interesting revelations in the Israeli newspaper Ha'aretz. Obama envoy George Mitchell will arrive in the Middle East before 10 February. Meanwhile, Foreign Minister Tzipi Livni has gone on the offensive and set out Israel's preconditions in any negotiations, telling US Secretary of State Hillary Clinton that Israel will "not open the Gaza crossings without progress toward the release of kidnapped soldier Gilad Shalit". (cross-posted from Israel-Palestine-Gaza Updates)

3:40 a.m. US officials claim 15 "militants" killed in American raid; villagers report civilians among dead.

Morning update (3 a.m. Washington time): CNN reports that Secretary of State Hillary Clinton has reached out to allies by phoning "a slew of leaders since taking office on Thursday". OK, that's great. One question....

What's a slew?

Within 15 minutes, a reader responds by noting that "slew" is the past tense of "slay" and worries that the alliance may have something to do with killing.

For the record, the foreign leaders mentioned by the State Department were "Israeli Prime Minister Ehud Olmert, Foreign Minister Tzipi Livni and Defense Minister Ehud Barak, as well as Palestinian Authority President Mahmoud Abbas, Jordan's King Abdullah and the foreign ministers of Egypt and Saudi Arabia".
Saturday
Jan242009

Obama, the Pentagon, and the "Willy-Nilly" Battle Over Guantanamo Bay

Morning update (2:55 a.m. Washington time): Yesterday we spent some time on the dramatic New York Times story on the "emergence of a former Guantánamo Bay detainee [Said Ali al-Shihri] as the deputy leader of Al Qaeda’s Yemeni branch", noting that it appeared to be part of an effort by some military and Pentagon officials to undermine President Obama's plan to close the Guantanamo Bay prison.

Today CNN has returned to an earlier Pentagon report that "18 former detainees are confirmed to have participated in attacks, and 43 are suspected to have been involved in attacks". Peter Bergen, who has written extensively on Al Qa'eda, takes on the report:

1. "Of the 18 people the Pentagon says are confirmed to have engaged in terrorism, only a handful of names have been released."



2. Even if all 18 "confirmed" returned to association with illegal organisations, that is a recidivism rate of 4 percent, comparred with 65 percent for offenders released from US prisons.

3. Some Guantanamo detainees were not terrorists or involved with the Taliban but "were singled out by vengeful villagers who told U.S. authorities they were al Qaeda".

The Pentagon's response to a request for details that would verify their report? The classic intelligence response that "we could tell you but then we would have to shoot you". A spokesman snapped, ""We don't make these figures up -- they're not done willy-nilly."
Friday
Jan232009

Obama on Top of the World: The Latest in US Foreign Policy (23 January)

Latest Post: US Finally Joins Convention on Conventional Weapons
Latest Post: The Afghanistan Muddle
Latest Post: The President Bans Torture

Text of Order Closing Guantanamo Bay
President Obama’s Remarks to State Department Staff (22 January)

6:45 p.m. An intriguing development, but one which will need some detective work to assess its significance. President Obama "asked Saudi King Abdullah for support in halting weapons smuggling into Gaza and underscored the importance of U.S.-Saudi ties" in a Friday phone call.

The call takes on added significance because an influential member of the Saudi Royal Family, Prince Turki al-Feisal, launched an attack against the Bush Administration's "poisonous legacy" in a newspaper article on Friday morning, warning, "If the U.S. wants to continue playing a leadership role in the Middle East and keep its strategic alliances intact -- especially its 'special relationship' with Saudi Arabia -- it will have to drastically revise its policies vis-a-vis Israel and Palestine."

So the first message in Obama's call was not to get active Saudi participation in the naval blockade of Gaza but assurances that Riyadh would not try to undermine it by moving cash and material to Palestinian groups in the area. The second message, however, is more important and hard to decipher:

Do those US-Saudi ties mean that Obama will accept Saudi ideas for Israel-Palestinian negotiations, for example, a revival of the 2002 Mecca proposals that the Bush Administration flagrantly rebuffed? Or is Washington expecting the Saudis to follow the lead of a yet-seen approach that will be unveiled in the visit of George Mitchell to the region? (cross-posted from Israel-Palestine-Gaza Updates)



3:40 p.m. White House announces that President Obama has reversed Ronald Reagan's ban on funding of federally-supported groups who carry out abortions overseas.

3:30 p.m. Not So Fast, General Petraeus. Here's a curious story, unlike you're a fan of Kirghiz politics, that you might have missed. On Wednesday, General David Petraeus and the US military were telling anyone who would listen of their great triumph in securing land and air supply routes into Afghanistan (and trying to cover up the inconvenience that the main supply route over the Khyber Pass has been closed down).

Well, on Thursday the Government of Kyrgyzstan, where a major US airbase is located, decided that it wasn't ready to play the good guy quite yet: "Kyrgyz President Kurmanbek Bakiyev will make a decision on the future of a U.S. military base in Kyrgyzstan by next month, an official said Thursday."

Is Russia, which also has an airbase in Kyrgyzstan, having a bit of competitive fun with Washington? Or has the Kirghiz Government decided to get a higher price for their cooperation?

3:15 p.m. The Netherlands won't be joining the next US adventure in Afghanistan: "Dutch Prime Minister Jan Peter Balkenende ruled out on Friday the possibility of the Netherlands keeping its troops in Afghanistan past 2010 with a force comparable to its current deployment."

2:55 p.m. The Marines Show Their Hand. Marine Corps Commandant General James Conway says that up to 20,000 Marines could be deployed as part of the US military "surge" in Afghanistan. While Conway capped the number at 20,000, that indicates that an overall increase of 30,000 troops, which would include Army units, is still the military's preferred option.

At the same time, Conway seemed to offer support for President Obama's plans for withdrawal of combat troops from Iraq: "The time is right for Marines in general terms to leave Iraq. It's very much a nation-building kind of environment that's taking place there."

2:25 p.m. Facebook Message of the Day:

Dear World,


The United States of America, your quality supplier of ideals of liberty and democracy, would like to apologize for its 2001-2008 service outage. The technical fault that led to this eight-year service interruption has been located. Replacement components were ordered Tuesday, November 4th, 2008, and have begun arriving. Early test of the new equipment indicate that it is functioning correctly and we expect it to be fully operational by mid-January.


We apologize for any inconvenience caused by the outage and we look forward to resuming full service and hopefully even improving it in years to come. Thank you for your patience and understanding,


The USA



2 p.m. On his blog, CNN's Anderson Cooper posts a guest article by former interrogator Ken Robinson: "The truth is --- torture doesn't work."

Nice job, Anderson. Just one question: why didn't you put up such comments in 2003? 2004? 2005? At any point during the Bush Administration?

12:35 p.m. Al Jazeera: 19 killed in northwest Pakistan in two US missile strikes.

12:05 p.m. CNN website reporting 10 killed in US strike on northwest Pakistan, but CNN television is reporting two attacks.

10:10 a.m. The State Department's Twitterers pass on news of a US interception and two-day search of an Iranian-owned ship in the Red Sea.

No jackpot this time, however, in the quest to link Tehran and Hamas. The ship was carrying artillery shells, but the Gazan organisation doesn't use artillery.

9:30 a.m. White House officials are briefing that Obama later today will reverse Ronald Reagan's "Mexico City" order, which banned federally-funded non-government organizations from performing abortions overseas. Bill Clinton lifted the ban in his first week in office, only for George W. Bush to reinstate it in his first Presidential order.

8:20 a.m. The first application of Obama tough love in Pakistan. Reports are coming through that US missiles have killed five people in the northwest of the country. (9:45 a.m.: Death toll is now 9. Six members of a family are among the dead; intelligence officials claim "some foreign militants were also killed".)

6:35 a.m. For those watching the Obama rollback of the Bush War on Terror, some interesting signals from Dennis Blair, Obama's nominee for Director of the Central Intelligence Agency, in his confirmation hearings yesterday.

Blair backed up the President's headline actions, telling Senators that torture "is not moral, legal or effective" and that "there will not be any waterboarding on my watch". However, the nominee also indicated that Obama might not hand back other executive orders resting on dubious legal ground, as he "hesitated to directly challenge as illegal the Bush administration's approach to interrogations and surveillance".

6:25 a.m. And, Barack, We've Been Talking to the Washington Post. Those waging the counter-offensive against the Obama plan for a 16-month withdrawal of combat troops from Iraq have gotten the ear of the editors of The Post. Their call in their lead editorial today for a slower withdrawal, bizarrely, rests on the argument that Iraq is rapidly becoming more secure:

Iraq's continuing improvement and the low and declining rate of U.S. casualties -- four soldiers have been killed in hostile action so far this month -- ought to decrease the urgency of a quick pullout. Pragmatism calls for working within the agreed U.S.-Iraqi plan, and for allowing adjustments based on positive and negative developments in Iraq, rather than on any fixed and arbitrary timetable.



6:10 a.m. The "New Diplomacy" of the Obama Administration? On Thursday, "the chargé d’affaires at the American Embassy, Krishna Urs, walked out of a speech in Bolivia’s Congress by President Evo Morales."

5;55 a.m. One Dissent is Annoying, Two is a Rebellion. Meanwhile, on the Iraq front, departing US Ambassador Ryan Crocker has also gone public to put brakes --- albeit in diplomatic phrasing on Obama's plan for withdrawal of combat troops in 16 months. Citing "a continuing need for our security support" despite the "enormous progress" of Iraqi security forces, Crocker asserted, “If it were to be a precipitous withdrawal, that could be very dangerous, but it’s clear that’s not the direction in which this is trending.”

Far from incidentally, Crocker was also involved in Wednesday's National Security meeting with military commanders, speaking by videophone from Baghdad.

5:30 a.m. Naughty, Naughty Pentagon. Do you recall that less than 24 hours ago the military started spinning against the President's plans for withdrawal from Iraq? Well, now they're taking aim at his intention to close Guantamo. Officials have fed the following story to Robert Worth of The New York Times:

The emergence of a former Guantánamo Bay detainee as the deputy leader of Al Qaeda’s Yemeni branch has underscored the potential complications in carrying out the executive order President Obama signed Thursday that the detention center be shut down within a year.



And it should be noted that this is not a sudden leak. The amount of information on the released detainee, Said Ali al-Shihri, and the contribution by four Times reporters to the story indicated that this "exclusive" was fed to them well before Obama became President.

Moreover, this is only the latest salvo in the campaign to undermine Obama's plans. Last month "Pentagon officials" began spreading the story that dozens of released detainees were rejoining Al Qa'eda and other terrorist organisations. The supposed information was discredited quickly by journalists who followed up the details --- as the New York Times notes, albeit well below its dramatic headline:

Although the Pentagon has said that dozens of released Guantánamo detainees have “returned to the fight,” its claim is difficult to document, and has been met with skepticism. In any case, few of the former detainees, if any, are thought to have become leaders of a major terrorist organization like Al Qaeda in Yemen, a mostly homegrown group that experts say has been reinforced by foreign fighters.



4:10 a.m. The excellent analyst Jim Lobe finds grounds for optimism both in the appointment of George Mitchell as President Obama's envoy to the Middle East and in Obama's statement yesterday.

3:15 a.m. We've posted separate blogs on Obama's order banning torture and on an apparent muddle over Afghanistan policy, highlighted by Administration statements yesterday.

2:30 a.m. The Guantanamo Bay Effect Reaches Afghanistan. An intriguing statement by Afghan President Hamid Karzai, who was quick off the mark to welcome President Barack Obama's order closing Camp X-Ray: "Closing this will have a good impact, a significant impact on the minds of Afghans here in Afghanistan. We see it as extremely important and timely and we appreciate the decision taken by the new administration."

Why pay special attention to Karzai's statement beyond the welcomes coming from around the world? Well, there's the small matter of more than 600 detainees, as compared to 245 at Guantanamo, in the US military's Camp Bagram in southern Afghanistan. Karzai is being pressed by Afghan campaigners to do something about unlimited detentions closer to home, so his statement on matters far away is a symbolic nod in their direction.

But will it mean the Afghan Government presses the Americans to bring the rule of law into Bagram? Karzai's spokesman was suitably cautious: "As we rebuild our justice system, as we rebuild our law enforcement capabilities and can ensure there will be due process provided, we do expect the detainees to be gradually and slowly transferred to Afghan custody by mutual agreement,"
Friday
Jan232009

President Obama's Remarks to State Department Staff (22 January)

Reprinted from The Washington Post, which also includes the remarks of Secretary of State Hillary Clinton, Vice President Joseph Biden, and special envoys George Mitchell and Richard Holbrooke

PRESIDENT OBAMA: Thank you. Thank you. Thank you. Thank you. Thank you so much. Please, everybody. Thank you. Be seated. Thank you so much.

It is my privilege to come here and to pay tribute to all of you, the talented men and women of the State Department. I've given you an early gift, Hillary Clinton.



(APPLAUSE)

You -- in her, you will have a secretary of state who has my full confidence. And I want to thank Chairman Kerry and the Senate for acting swiftly to confirm her, because we have no time to lose.

My appearance today, as has been noted, underscores my commitment to the importance of diplomacy and renewing American leadership. And it gives me an opportunity to thank you for the services that you perform every single day.

Sometimes I think the American public doesn't fully understand the sacrifices that you and your families make, the dedication that is involved in you carrying on your tasks day in, day out.

And I know I speak for Joe Biden, as well as everybody else on this stage, when we tell you that we are proud of you. You are carrying on a vital task in the safety and security of the American people.

And part of what we want to do is to make sure that everybody understands that the State Department is going to be absolutely critical to our success in the years to come, and you individually are going to be critical to our success in the years to come. And we want to send a signal to all kinds of young people who may be thinking about the Foreign Service that they are going to be critical in terms of projecting not just America's power, but also America's values and America's ideals.

The inheritance of our young century demands a new era of American leadership. We must recognize that America's strength comes not just from the might of our arms or the scale of our wealth, but from our enduring values. And for the sake of our national security and the common aspirations of people around the globe, this era has to begin now.

This morning, I signed three executive orders. First, I can say without exception or equivocation that the United States will not torture.

(APPLAUSE)

Second, we will close the Guantanamo Bay detention camp and determine how to deal with those who have been held there.

And, third, we will immediately undertake a comprehensive review to determine how to hold and try terrorism suspects to best protect our nation and the rule of law.

The world needs to understand that America will be unyielding in its defense of its security and relentless in its pursuit of those who would carry out terrorism or threaten the United States. And that's why, in this twilight struggle, we need a durable framework.

The orders that I signed today should send an unmistakable signal that our actions in defense of liberty will be just as our cause and that we, the people, will uphold our fundamental values as vigilantly as we protect our security. Once again, America's moral example must be the bedrock and the beacon of our global leadership.

We are confronted by extraordinary, complex and interconnected global challenges: the war on terror, sectarian division, and the spread of deadly technology. We did not ask for the burden that history has asked us to bear, but Americans will bear it. We must bear it.

Progress will not come quickly or easily, nor can we promise to right every single wrong around the world. But we can pledge to use all elements of American power to protect our people and to promote our interests and ideals, starting with principled, focused and sustained American diplomacy.

To carry forward that effort, we are going to be calling on your hard work and perseverance in the months and years to come. Given the urgency and complexity of the challenges we face and to convey our seriousness of purpose, Secretary Clinton and I are also calling upon the two distinguished Americans standing with us today.

It will be the policy of my administration to actively and aggressively seek a lasting peace between Israel and the Palestinians, as well as Israel and its Arab neighbors. To help us pursue these goals, Secretary Clinton and I have asked George Mitchell to serve as special envoy for Middle East peace.

George is renowned in this country and around the world for his negotiating skill. He brings international stature and a lifetime of service. His years in the Senate were marked by strong leadership and bipartisan achievement. His efforts on behalf of peace in Northern Ireland were indispensable in reconciling a painful and protracted conflict.

Time and again, in public service and private life, he has acted with skill and acted with integrity. He will be fully empowered at the negotiating table, and he will sustain our focus on the goal of peace.

No one doubts the difficulty of the road ahead, and George outlined some of those difficulties. The tragic violence in Gaza and southern Israel offers a sobering reminder of the challenges at hand and the setbacks that will inevitably come.

It must also instill in us, though, a sense of urgency, as history shows us that strong and sustained American engagement can bridge divides and build the capacity that supports progress. And that is why we will be sending George to the region as soon as possible to help the parties ensure that the cease-fire that has been achieved is made durable and sustainable.

Let me be clear: America is committed to Israel's security. And we will always support Israel's right to defend itself against legitimate threats.

For years, Hamas has launched thousands of rockets at innocent Israeli citizens. No democracy can tolerate such danger to its people, nor should the international community, and neither should the Palestinian people themselves, whose interests are only set back by acts of terror.

To be a genuine party to peace, the quartet has made it clear that Hamas must meet clear conditions: recognize Israel's right to exist; renounce violence; and abide by past agreements.

Going forward, the outline for a durable cease-fire is clear: Hamas must end its rocket fire; Israel will complete the withdrawal of its forces from Gaza; the United States and our partners will support a credible anti-smuggling and interdiction regime, so that Hamas cannot rearm.

Yesterday I spoke to President Mubarak and expressed my appreciation for the important role that Egypt played in achieving a cease-fire. And we look forward to Egypt's continued leadership and partnership in laying a foundation for a broader peace through a commitment to end smuggling from within its borders.

Now, just as the terror of rocket fire aimed at innocent Israelis is intolerable, so, too, is a future without hope for the Palestinians.

I was deeply concerned by the loss of Palestinian and Israeli life in recent days and by the substantial suffering and humanitarian needs in Gaza. Our hearts go out to Palestinian civilians who are in need of immediate food, clean water, and basic medical care, and who've faced suffocating poverty for far too long.

Now we must extend a hand of opportunity to those who seek peace. As part of a lasting cease-fire, Gaza's border crossings should be open to allow the flow of aid and commerce, with an appropriate monitoring regime, with the international and Palestinian Authority participating.

Relief efforts must be able to reach innocent Palestinians who depend on them. The United States will fully support an international donor's conference to seek short-term humanitarian assistance and long-term reconstruction for the Palestinian economy. This assistance will be provided to and guided by the Palestinian Authority.

Lasting peace requires more than a long cease-fire, and that's why I will sustain an active commitment to seek two states living side by side in peace and security.

Senator Mitchell will carry forward this commitment, as well as the effort to help Israel reach a broader peace with the Arab world that recognizes its rightful place in the community of nations.

I should add that the Arab peace initiative contains constructive elements that could help advance these efforts. Now is the time for Arab states to act on the initiative's promise by supporting the Palestinian government under President Abbas and Prime Minister Fayyad, taking steps towards normalizing relations with Israel, and by standing up to extremism that threatens us all.

Jordan's constructive role in training Palestinian security forces and nurturing its relations with Israel provide a model for these efforts. And going forward, we must make it clear to all countries in the region that external support for terrorist organizations must stop.

Another urgent threat to global security is the deteriorating situation in Afghanistan and Pakistan. This is the central front in our enduring struggle against terrorism and extremism. There, as in the Middle East, we must understand that we cannot deal with our problems in isolation.

There is no answer in Afghanistan that does not confront the Al Qaida and Taliban bases along the border, and there will be no lasting peace unless we expand spheres of opportunity for the people of Afghanistan and Pakistan. This is truly an international challenge of the highest order.

That's why Secretary Clinton and I are naming Ambassador Richard Holbrooke to be special representative for Afghanistan and Pakistan. Ambassador Holbrooke is one of the most talented diplomats of his generation. Over several decades, he's served on different continents and as an outstanding ambassador to the United Nations.

He has strengthened ties with our allies, tackled the toughest negotiations, and helped deliver a hard-earned peace as an architect of the Dayton Accords. He will help lead our effort to forge and implement a strategic and sustainable approach to this critical region.

The American people and the international community must understand that the situation is perilous and progress will take time. Violence is up dramatically in Afghanistan. A deadly insurgency has taken deep root. The opium trade is far and away the largest in the world.

The Afghan government has been unable to deliver basic services. Al Qaeda and the Taliban strike from bases embedded in rugged tribal terrain along the Pakistani border. And while we have yet to see another attack on our soil since 9/11, Al Qaida terrorists remain at large and remain plotting.

Going forward, we must set clear priorities in pursuit of achievable goals that contribute to our collective security. My administration is committed to refocusing attention and resources on Afghanistan and Pakistan and to spending those resources wisely. That's why we are pursuing a careful review of our policy.

We will seek stronger partnerships with the governments of the region, sustain cooperation with our NATO allies, deeper engagement with the Afghan and Pakistani people, and a comprehensive strategy to combat terror and extremism.

We will provide the strategic guidance to meet our objectives, and we pledge to support the extraordinary Americans serving in Afghanistan, both military and civilian, with the resources that they need.

These appointments add to a team that will work with energy and purpose to meet the challenges of our time and to define a future of expanding security and opportunity.

Difficult days lie ahead. As we ask more of ourselves, we will seek new partnerships and ask more of our friends and more of people around the globe, because security in the 21st century is shared.

But let there be no doubt about America's commitment to lead. We can no longer afford drift, and we can no longer afford delay, nor can we cede ground to those who seek destruction. A new era of American leadership is at hand, and the hard work has just begun. You are going to be at the front lines of engaging in that important work.

And I'm absolutely confident that, with the leadership of Secretary Clinton, with wonderful envoys like Richard Holbrooke and George Mitchell, with the dedicated team that is before me today, that we are going to be able to accomplish our objectives, keep America safe, and bring better days not just to our own country, but all around the world.

Thank you very much, everybody.
Friday
Jan232009

Text of President Obama's Executive Order Closing Guantanamo Bay Prison (Camp X-Ray)

Reprinted from The Huffington Post:

By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to effect the appropriate disposition of individuals currently detained by the Department of Defense at the Guantánamo Bay Naval Base (Guantánamo) and promptly to close detention facilities at Guantánamo, consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:



Section 1. Definitions. As used in this order:

(a) "Common Article 3" means Article 3 of each of the Geneva Conventions.

(b) "Geneva Conventions" means:

(i) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949 (6 UST 3114);

(ii) the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949 (6 UST 3217);

(iii) the Convention Relative to the Treatment of Prisoners of War, August 12, 1949 (6 UST 3316); and

(iv) the Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949 (6 UST 3516).

(c) "Individuals currently detained at Guantánamo" and "individuals covered by this order" mean individuals currently detained by the Department of Defense in facilities at the Guantánamo Bay Naval Base whom the Department of Defense has ever determined to be, or treated as, enemy combatants.

Sec. 2. Findings.

(a) Over the past 7 years, approximately 800 individuals whom the Department of Defense has ever determined to be, or treated as, enemy combatants have been detained at Guantánamo. The Federal Government has moved more than 500 such detainees from Guantánamo, either by returning them to their home country

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or by releasing or transferring them to a third country. The Department of Defense has determined that a number of the individuals currently detained at Guantánamo are eligible for such transfer or release.

(b) Some individuals currently detained at Guantánamo have been there for more than 6 years, and most have been detained for at least 4 years. In view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantánamo and closure of the facilities in which they are detained would further the national security and foreign policy interests of the United States and the interests of justice. Merely closing the facilities without promptly determining the appropriate disposition of the individuals detained would not adequately serve those interests. To the extent practicable, the prompt and appropriate disposition of the individuals detained at Guantánamo should precede the closure of the detention facilities at Guantánamo.

(c) The individuals currently detained at Guantánamo have the constitutional privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention.

(d) It is in the interests of the United States that the executive branch undertake a prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantánamo, and of whether their continued detention is in the national security and foreign policy interests of the United States and in the interests of justice. The unusual circumstances associated with detentions at Guantánamo require a comprehensive interagency review.

(e) New diplomatic efforts may result in an appropriate disposition of a substantial number of individuals currently detained at Guantánamo.

(f) Some individuals currently detained at Guantánamo may have committed offenses for which they should be prosecuted. It is in the interests of the United States to review whether and how any such individuals can and should be prosecuted.

(g) It is in the interests of the United States that the executive branch conduct a prompt and thorough review of the circumstances of the individuals currently detained at Guantánamo who have been charged with offenses before military commissions pursuant to the Military Commissions Act of 2006, Public Law 109-366, as well as of the military commission process more generally.

Sec. 3. Closure of Detention Facilities at Guantánamo. The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities,

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they shall be returned to their home country, released, transferred to a third country, or transferred to another

United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.

Sec. 4. Immediate Review of All Guantánamo Detentions.

(a) Scope and Timing of Review. A review of the status of each individual currently detained at Guantánamo (Review) shall commence immediately.

(b) Review Participants. The Review shall be conducted with the full cooperation and participation of the following officials:

(1) the Attorney General, who shall coordinate the Review;

(2) the Secretary of Defense;

(3) the Secretary of State;

(4) the Secretary of Homeland Security;

(5) the Director of National Intelligence;

(6) the Chairman of the Joint Chiefs of Staff; and

(7) other officers or full-time or permanent part-time employees of the United States, including employees with intelligence, counterterrorism, military, and legal expertise, as determined by the Attorney General, with the concurrence of the head of the department or agency concerned.

(c) Operation of Review. The duties of the Review participants shall include the following:

(1) Consolidation of Detainee Information. The Attorney General shall, to the extent reasonably practicable, and in coordination with the other Review participants, assemble all information in the possession of the Federal Government that pertains to any individual currently detained at Guantánamo

and that is relevant to determining the proper disposition of any such individual. All executive branch departments and agencies shall promptly comply with any request of the Attorney General to provide information in their possession or control pertaining to any such individual. The Attorney General may seek further information relevant to the Review from any source.

(2) Determination of Transfer. The Review shall determine, on a rolling basis and as promptly as possible with respect to the individuals currently detained at Guantánamo, whether it is possible to transfer or release the individuals consistent with the national security and foreign policy interests

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of the United States and, if so, whether and how the Secretary of Defense may effect their transfer or release. The Secretary of Defense, the Secretary of State, and, as appropriate, other Review participants shall work to effect promptly the release or transfer of all individuals for whom release or transfer is possible.

(3) Determination of Prosecution. In accordance with United States law, the cases of individuals detained at Guantánamo not approved for release or transfer shall be evaluated to determine whether the Federal Government should seek to prosecute the detained individuals for any offenses they may have committed, including whether it is feasible to prosecute such individuals before a court established pursuant to Article III of the United States Constitution, and the Review participants shall in turn take the necessary and appropriate steps based on such determinations.

(4) Determination of Other Disposition. With respect to any individuals currently detained at Guantánamo whose disposition is not achieved under paragraphs (2) or (3) of this subsection, the Review shall select lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice, for the disposition of such individuals. The appropriate authorities shall promptly implement such dispositions.

(5) Consideration of Issues Relating to Transfer to the United States. The Review shall identify and consider legal, logistical, and security issues relating to the potential transfer of individuals currently detained at Guantánamo to facilities within the United States, and the Review participants shall work with the Congress on any legislation that may be appropriate.

Sec. 5. Diplomatic Efforts. The Secretary of State shall expeditiously pursue and direct such negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement this order.

Sec. 6. Humane Standards of Confinement. No individual currently detained at Guantánamo shall be held in the custody or under the effective control of any officer, employee, or other agent of the United States Government, or at a facility owned, operated, or controlled by a department or agency of the United States, except in conformity with all applicable laws governing the conditions of such confinement, including Common Article 3 of the Geneva Conventions. The Secretary of Defense shall immediately undertake a review of the conditions of detention at Guantánamo to ensure full compliance with this directive. Such review shall be completed within 30 days and any necessary corrections shall be implemented immediately thereafter.

Sec. 7. Military Commissions. The Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review described in section 4 of this order, no charges are sworn, or referred to a military

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commission under the Military Commissions Act of 2006 and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.

Sec. 8. General Provisions.

(a) Nothing in this order shall prejudice the authority of the Secretary of Defense to determine the disposition of any detainees not covered by this order.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,

January 22, 2009.