POTUS, No Executive Order to Close Gitmo

Official offers details on Gitmo detainees who kill more Americans

An official who spoke to CNN Thursday put the numbers at fewer than 15 who went on to attack Americans or coalition forces in Afghanistan. The number of Americans killed in these attacks is believed to be in the single digits, according to the U.S. official, who is familiar with the matter.
 
“Because many of these incidents were large-scale firefights in a war zone, we cannot always distinguish whether Americans were killed by the former detainees or by others in the same fight,” the official said. More here.

USN: The White House was unable to come up with a strong legal strategy for executive action in this case, as the White House teams did in the cases of gun control and immigration executive orders, even though Obama serves as commander-in-chief and the office that he occupies traditionally has wider latitude in military matters. Obama sent a closure plan to Congress in February.

 

Report: Obama Administration Is ‘Not Pursuing’ an Executive Order to Close Guantanamo

TheBlaze: The Obama administration is not planning to use an executive order to close the military prison in Guantanamo Bay, Cuba, after officials determined that such an order would not be a “viable” strategy, “sources familiar with the deliberations” told Reuters.

According to Reuters, the decision “narrows the already slim chances that President Barack Obama can fulfill his pledge to close the notorious offshore prison before leaving office in January.”

While campaigning for president in 2008, then-Sen. Barack Obama promised to close the controversial facility if elected. Earlier this year, the president announced a plan to close the facility that was met with opposition in Congress.

The source told Reuters that the administration won’t pursue an executive order to close the facility, although the president is eager to close the prison.

“It was just deemed too difficult to get through all of the hurdles that they would need to get through, and the level of support they were likely to receive on it was thought to be too low to generate such controversy, particularly at a sensitive (time) in an election cycle.”

Myles Caggins, a spokesman for the White House National Security Council, told Reuters, “The administration’s goal is to work with Congress to find a solution to close Guantanamo.”

Related reading: Obama Submitted the Plan to Close Gitmo, Rejected

Related from the White House in 2011:

THE WHITE HOUSE Office of the Press Secretary

For Immediate Release March 7, 2011

FACT SHEET: NEW ACTIONS ON GUANTANAMO AND DETAINEE POLICY

 

 

 

At Least 12 Former Gitmo Detainees Killed Americans Since

They were not even the worst of the worst. Has anyone tracked those 5 Taliban released for Bergdahl?

“Despite the current restrictions of the [Memorandum Of Understanding], it is clear… that the five former detainees have participated in activities that threaten U.S. and coalition personnel and are counter to U.S. national security interests–not unlike their activities before they were detained on the battlefield.,” the Intelligence Committee statement said.

Last year, the non-partisan Government Accountability Office also found that the Obama administration violated the law on the Bergdahl swap.

Related reading: House Report Taliban 5 Report

About 12 released Guantanamo detainees implicated in attacks on Americans

WaPo: The Obama administration believes that about 12 detainees released from the prison at Guantanamo Bay, Cuba, have launched attacks against U.S. or allied forces in Afghanistan, killing about a half-dozen Americans, according to current and former U.S. officials.

In March, a senior Pentagon official made a startling admission to lawmakers when he acknowledged that former Guantanamo inmates were responsible for the deaths of Americans overseas.

The official, Paul Lewis, who oversees Guantanamo issues at the Defense Department, provided no details, and the Obama administration has since declined to elaborate publicly on his statement because the intelligence behind it is classified.

But The Washington Post has learned additional details about the suspected attacks, including the approximate number of detainees and victims involved and the fact that, while most of the incidents were directed at military personnel, the dead also included one American civilian: a female aid worker who died in Afghanistan in 2008. The officials, who spoke on the condition of anonymity to discuss a sensitive matter, declined to give an exact number for Americans killed or wounded in the attacks, saying the figure is classified.

The official added: “Because many of these incidents were large-scale firefights in a war zone, we cannot always distinguish whether Americans were killed by the former detainees or by others in the same fight.”

Military and intelligence officials, responding to lawmakers’ requests for more details, have provided lawmakers with a series of classified documents about the suspected attacks. One recent memo from the National Counterterrorism Center (NCTC), which was sent to the House Foreign Affairs Committee after Lewis’s testimony, described the attacks, named the detainees involved and provided information about the victims without giving their names.

But lawmakers are prohibited from discussing the contents of that memo because of its high classification level. A similar document provided last month to the office of Sen. Kelly Ayotte (R-N.H.), a vocal opponent of Obama’s Guantanamo policy, was so highly classified that even her staff members with a top-secret clearance level were unable to read it.

“There appears to be a consistent and concerted effort by the Administration to prevent Americans from knowing the truth regarding the terrorist activities and affiliations of past and present Guantanamo detainees,” Ayotte wrote in a letter to Obama this week, urging him to declassify information about how many U.S. and NATO personnel have been killed by former detainees.

Rep. Edward R. Royce (R-Calif.), who chairs the House Foreign Affairs Committee, has also written legislation that would require greater transparency surrounding the transfer of Guantanamo detainees.

Royce and Ayotte are among the lawmakers who opposed a road map for closing the prison that the White House submitted to Congress earlier this year. That plan would require moving some detainees to U.S. prisons and resettling the rest overseas.

“The administration is releasing dangerous terrorists to countries that can’t control them, and misleading Congress in the process,” Royce said in a statement. “The president should halt detainee transfers immediately and be honest with the American people.”

Just under 700 detainees have been released from Guantanamo since the prison opened in 2002; 80 inmates remain.

Secrecy about the top-security prison, perched on an inaccessible corner of Cuba, is nothing new. The Bush administration for years refused to provide a roster of detainees until it was forced to do so in a Freedom of Information Act case in 2006. To this day, reporters have never been able to visit Camp 7, a classified facility that holds 14 high-value detainees, including the five men on trial for organizing the Sept. 11, 2001, attacks.

Both the Bush and Obama administrations have provided only limited information on current and former detainees; most of what the public knows about them comes from defense lawyers or from documents released by WikiLeaks.

According to a 2012 report from the House Armed Services Committee, the Defense Intelligence Agency ended the practice of naming some suspected recidivists in 2009 when officials became concerned that it would endanger sources and methods.

National Security Council spokesman Myles Caggins said it was difficult to discuss specific cases in detail because the information was classified.

“But, again, we are committed to being forthcoming with the American people about our safe and responsible approach to Guantanamo detainee transfers, including about possible detainee re-engagement in terrorist activities,” he said.

One Republican aide who has reviewed the classified material about the attacks on Americans said the information has been “grossly overclassified.”

Administration officials say that recidivism rates for released Guantanamo inmates remain far lower than those for federal offenders. According to a recent study, almost half of all federal offenders released in 2005 were “rearrested for a new crime or rearrested for a violation of supervision conditions.” Among former Guantanamo detainees, the total number of released detainees who are suspected or confirmed of reengaging is about 30 percent, according to U.S. intelligence.

Nearly 21 percent of those released prior to 2009 have reengaged in militancy, officials say, compared with about 4.5 percent of the 158 released by Obama.

Human rights activists say the statistics are suspect and cannot be verified because the administration provides almost no information about whom it is counting and why.

Most of those suspected of re-engagement are Afghan, reflecting the large numbers of Afghans detained after the Sept. 11 attacks and the ongoing war there. More than 200 Afghan prisoners have been repatriated from the prison.

Officials declined to identify the woman killed in Afghanistan in 2008. But there are two female aid workers killed that year who might fit the description.

Cydney Mizell, a 50-year-old employee of the Asian Rural Life Development Foundation, was abducted in Kandahar as she drove to work. Her body was never recovered, according to a former colleague who said he was told about a month later that she had died.

Another woman, Nicole Dial, 30, a Trinidadian American who worked for the International Rescue Committee, was shot and killed the same year south of Kabul, along with two colleagues.

Relatives of Mizell and Dial said they have not been in touch with the FBI for years. Dial’s brother said he was unaware of a former Guantanamo detainee being involved in his sister’s killing.

Mizell’s stepmother said she was never told the exact circumstances of her daughter’s death or who abducted her.

“She was definitely killed,” Peggy Mizell said. “I figured she was shot.”

DHS: Border Patrol/Coast Guard Drone Conflict

But in 2015, the Office of Inspector General says the CBP drone program has essentially been grounded.

The IG report, the second audit of the program since 2012, found there is no reliable method of measuring the program’s performance and determined that its impact in stemming illegal
immigration has been minimal.

According to the CBP Fiscal Year Report, the drones flew about 10 percent fewer hours in 2014 than the previous year and 20 percent fewer than in 2013. The missions were credited with contributing to the seizure of just under 1,000 pounds of cocaine in 2014, compared to 2,645 in 2013 and 3,900 in 2012. But apprehensions of illegal immigrants between 2014 and 2013 fell despite the flood of more than 60,000 unaccompanied children coming across the border from Central America.

Combined with the decrease in productivity, the OIG report disclosed the staggering costs to run the program, more than $12,000 per hour when figuring fuel, salaries for operators, equipment and overhead. More from FNC.

Related: Coast Guard UAV System

Related: CBP and Coast Guard even share buildings

   

Bungling border agency can’t find drone records

WashingtonTimes: Homeland Security can’t find a single record of a request to fly drones to help the Coast Guard, the agency said this week in a letter to a top member of Congress — an admission that’s likely to add fuel to the guard’s request for its own fleet of unmanned aerial vehicles.

R. Gil Kerlikowske, commissioner of Customs and Border Protection, said his agency’s Air and Marine office records all requests, but for some reason it “could not locate any prior requests from the USCG” for unmanned aerial surveillance flights.

For Rep. Duncan Hunter, California Republican and chairman of a subcommittee that oversees the Coast Guard, the admission was the latest signal that the border agency isn’t treating its colleagues in the guard fairly.

“It’s baffling, really. This response goes to show just how disadvantaged the Coast Guard truly is under the DHS umbrella,” said Joe Kasper, Mr. Hunter’s chief of staff. “It’s impossible to excuse the terrible record keeping, but that aside — we know for a fact that the Coast Guard has made numerous requests for UAS support.”

Both the Coast Guard and CBP are part of the Homeland Security Department, and under the current arrangement the guard has to use CBP’s drones. That leaves the maritime mission hostage to the whims of border officials, who have their own missions, and who already struggle with logistics and maintenance problems that keep their fleet of drones grounded far too often.

Mr. Hunter is pressing for the Coast Guard to get its own ground-based drones, which it can assign on its own.

“The Coast Guard shouldn’t have to rely on CBP and vice versa. We know CBP is well intentioned, and it has its own mission, but that doesn’t help the Coast Guard beyond the joint operational space,” Mr. Kasper said.

Neither CBP nor the Coast Guard had substantive replies to requests for comment Tuesday afternoon, but in his letter, dated Monday, Mr. Kerlikowske insisted the two agencies “work side-by-side.”

He said even if Coast Guard requests aren’t recorded, there are clear instances when CBP was assisting the guard’s operations. He pointed to a Guardian drone that aided the Coast Guard Cutter Boutwell in making three interdictions over the last year.

“CBO and USCG are close partners and have been highly successful performing joint operations in support of DHS’s primary mission to protect the American people from terrorist threats,” Mr. Kerlikowske said.

He said they will try to improve operations.

But his agency has been promising better drone use for years, and has consistently fallen short, according to watchdog reports.

Just 5 percent of Drone flights were conducted in the southeast, meaning off the coast of Florida, according to a new report Tuesday by the Government Accountability Office. The rest of the time the drones were operating on the border with Canada or the landlocked southwest border with Mexico.

Homeland Security Inspector General John Roth last year called CBP’s drone program “dubious achievers,” saying hundreds of millions of dollars have been wasted to stock a fleet that often can’t even get into the air.

He put the cost of flying each drone at more than $12,000 an hour — five times the figure CBP had given.

“Notwithstanding the significant investment, we see no evidence that the drones contribute to a more secure border, and there is no reason to invest additional taxpayer funds at this time,” Mr. Roth said in releasing his report last year. “Securing our borders is a crucial mission for CBP and DHS. CBP’s drone program has so far fallen far short of being an asset to that effort.”

SCOTUS: Illegals can be Deported for Minor Crimes

High court rules non-U.S. citizens can be deported if convicted of minor crimes

The Supreme Court is making it easier for the government to deport or otherwise remove people who are not U.S. citizens if they are convicted of seemingly minor state crimes.

The justices ruled 5-3 Thursday that a man who spent 23 years living in New York as a lawful permanent resident can be barred from re-entering the country because of a 1999 conviction for attempted arson.

George Luna Torres had served one day in prison and five years of probation after pleading guilty in state court but otherwise had a clean record since his parents brought him into the country from the Dominican Republic in 1983.

But the government argued that the state law conviction was equivalent to an aggravated felony for purposes of immigration law.

Under immigration law, a lawful permanent resident can be deported or denied re-entry to the United States after being convicted of an aggravated felony. Those offenses include certain federal crimes as well as state offenses that share the same elements.

Luna argued that the federal crime of arson is different from the state version because it must involve interstate commerce.

Writing for the court, Justice Elena Kagan said that is simply a technical difference needed to give Congress authority over arson crimes and not a meaningful distinction. She said Luna’s argument would also exclude more serious state crimes, such as kidnapping, from affecting immigration status simply because a kidnapper failed to cross state lines.

“The national, local or foreign character of a crime has no bearing on whether it is grave enough to warrant an alien’s automatic removal,” Kagan said.

In dissent, Justice Sonia Sotomayor said the majority was ignoring a strict textual reading of the federal law, which includes interstate commerce as part of the crime.

“An element is an element, and I would not so lightly strip a federal statute of one,” Sotomayor said.

She was joined by Justices Clarence Thomas and Stephen Breyer. *****

Mexican Airline Offering Migrants Free Airfare to Texas Border

Two foreign airline companies have begun offering steep discounts to Cuban migrants–set for border crossing into western Texas–as thousands rush to the United States in the aftermath of thawing relations with the communist island. Children under age 11 fly free of charge.

The Panamanian government confirmed to the Associated Press Wednesday that Panama City-based Copa Airlines and Mexico’s Global Air are now offering roughly 30 percent discounts for adult Cuban migrants hoping to cross into the United States with children enjoying complimentary seats. Since May 9, the airlines have reported that almost 2,500 have been shuttled to Ciudad Juarez for easy crossing into El Paso thereafter. An estimated 1,300 await flights booked in the weeks ahead under the promotion. More here from Breitbart.

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Immigrants must pass stringent eligibility requirements in order to naturalize.  Naturalization is not an easy process.  In order to become a U.S. citizen, an immigrant must:

  • First reside in the United States continuously for five years as a Legal Permanent Resident (three years in the case of the spouse of a U.S. citizen).
  • Be of “good moral character,” as determined by a criminal background check with the FBI.
  • Be proficient in spoken and written English.
  • Demonstrate a basic understanding of U.S. government and history.
  • Take an Oath of Allegiance to the United States, its Constitution and laws, and renounce allegiance to any other nation.

Latino immigrants applying for U.S. citizenship in record numbers thanks to Trump

Donald Trump’s presidential campaign may actually be empowering the Latino vote.

No, really. At least that’s what a number of non-profit organizations and even the White House are working toward.

The Republican candidate’s harsh words toward immigrants and repeated campaign promises to deport millions of undocumented people and build an impermeable wall along the U.S.-Mexico border immediately propelled him to the front of the GOP pack, but it’s also driving a larger number of immigrants than usual to seek U.S. citizenship – and have a voice in whether or not Trump wins the White House this November.

Hortensia Villegas is a Colorado mother of two who immigrated from Mexico legally nearly 10 years ago. She never felt the need to become a citizen, she told the New York Times, until Trump rose in the polls.

“I want to vote so Donald Trump won’t win,” Villegas, 32, told the paper at a Denver union hall where volunteers were helping hundreds of immigrants to fill out citizenship applications. “He doesn’t like us.”

And Villegas is not alone. Her sister and parents, as well as the parents of her husband – Miguel Garfío, who is a U.S. citizen by virtue of having been born in Colorado –are part of the crush of Latino immigrants who are trying to naturalize in time to vote this year.

Applications for citizenship were up in the six months through the end of January by 14 percent over the same time frame the previous year, the Times reported. Activists say that the numbers are growing by the week, estimating that the total applications for fiscal year 2016, which lasts until the end of September, could wind up close to a million.

That’s a 20 percent increase over previous years.

Traditionally, Mexican immigrants have sought citizenship at lower rates than others – according to Pew Research Center data, 36 percent of eligible Mexicans in recent years have become citizens, compared to 68 percent of immigrants overall.

That may be changing, thanks to Trump.

FoxLatino: Maria Polanco, a Honduran migrant who has lived in Nevada for 26 years but is only now applying for citizenship, told the Guardian recently, “We [immigrants] are not perfect, but the majority of us are not what Donald Trump says. We came looking for better opportunities for us and our kids. My great pride is that my daughter graduated from college – I don’t think she could’ve done that in my country.”

“People who are eligible are really feeling the urgency to get out there,” Tara Raghuveer, the deputy director of the National Partnership for New Americans, told the Times. “They are worried by the prospect that someone who is running for president has said hateful things.”

“This is a big deal,” Jocelyn Sida of Mi Familia Vota, told the Guardian. “We as Latinos are always being told that we’re taking jobs or we’re anchor babies, and all these things are very hurtful. It’s getting to the point where folks are frustrated with that type of rhetoric. They realize the only way they can stop this is by getting involved civically.”

Labor unions and NGOs like the National Partnership are the main actors providing assistance to those of the 8.8 million non-citizen immigrants who may want to naturalize, but they are not alone.

The White House launched a national campaign in September to help people apply for citizenship, setting up “citizen corners” at public libraries and recruiting prominent immigrants like 1980s pitching star Fernando Valenzuela and Spanish chef José Andrés for ads.

Last week, $10 million dollars in federal grants were promised to NGOs helping immigrants through the application process.

Many conservatives see it as a blatant effort to expand Democratic support in battleground states with large numbers of immigrants like Florida, Colorado and Nevada.

“I certainly don’t care what party they register with; I just want them to become citizens,” said Leon Rodriguez, director of the Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS), told the times.

The candidate himself has long suggested that he’ll win the Latino vote, and his campaign spokesperson, Hope Hicks, told the Times, “No one will benefit more from Mr. Trump’s pro-worker immigration reforms than the millions of immigrants who already call America home.”

Mary Victorio, 22, a Mexican-born student at the University of Colorado Denver, told the newspaper that while she didn’t support him politically, she was grateful to Trump. “He gave us that extra push we needed to get ready to vote, to prove to people who see us negatively they are wrong.”

A Yemeni Gitmo ‘Forever Prisoner’, Approved for Release

So much for the ‘forever prisoner’ as this will likely apply to the rest of the forever prisoners.

Parole board OKs Yemeni’s release from Guantánamo on fifth review

MiamiHerald: The Guantánamo parole board has approved the release of a Yemeni “forever prisoner” on his fifth review, the latest sign that showing up at a Periodic Review Board hearing actually helps a captive win release from the downsizing war-on-terror prison in Cuba.

The decision, released by the Pentagon Monday, means 27 of the 80 captives currently held at the U.S. detention center in Cuba can leave to a transfer deal that satisfies Secretary of Defense Ash Carter.

Salem bin Kanad, about 40, got to Camp X-Ray in the second week of its existence and was profiled as a veteran jihadist who left his homeland for Afghanistan a year ahead of the 9/11 attacks.

 

He was initially captured by the Northern Alliance in late 2001 and held at a prison fortress near Mazar-i-Sharif where captives staged an uprising in which CIA agent Johnny Spann was killed, according to a leaked 2008 prison profile. Fellow revolt survivor John Walker Lindh at one point cast Kanad as a commander of their Taliban-linked force, the profile said.

But subsequent U.S. intelligence assessments recast him as having a “low-level leadership role” in a Taliban front-line unit. It cast him alternately as “mostly compliant” with his guards and having “an extremist mindset” that “has continued to praise terrorist groups and activities.”

The Periodic Review Board first considered Kanad’s case in January 2014 and concluded that his release could present a “significant threat to the security of the Untied States.” He didn’t go to his hearing and neither did he offer information about his family or a plan for employment after Guantánamo. The board reviewed his file three times in 2015 and upheld that opinion.

Then he went before the board April 5 but it is not known what he told them. At Kanad’s request, according to the Pentagon, the transcript of his hearing was withheld from the public.

But, according to his file, a military officer assigned to his case provided the board with information about his family, their commitment to help him reintegrate into an Arabic-speaking society and his agreement to participate in a rehabilitation program — an argument that apparently won the favor of the board. He has a father and siblings in Riyadh, Saudi Arabia, and would like to join them, study English and computer science and launch a career in sales to support them there.

“The board encourages the detainee to continue regularly attending classes” at Guantánamo, it wrote in its May 5 decision to approve his transfer, “and continue engaging with family members to prepare himself for transfer.”

The decision comes at a busy time — as the board is hearing from an unprecedented nine captives in a single month, May. It follows the Pentagon’s April 16 transfer of nine Yemenis with similar close family in the Saudi Kingdom to a rehabilitation program there.

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JTF-GTMO Assessment:

  1. (S) Recommendation: JTF-GTMO recommends this detainee for Continued Detention

Under DoD Control (CD). JTF-GTMO previously recommended detainee for Continued

Detention Under DoD Control (CD) on 1 January 2007.

  1. (S//NF) Executive Summary: Detainee is a member of al-Qaida. Detainee served as a

sub-commander in Usama Bin Laden’s (UBL) 55th Arab Brigade during hostilities against

US and coalition forces.1 Detainee is assessed to have commanded the Tameem Center on

the Khwaja Ghar front lines and received basic and advanced training, including tactics and

artillery, at probably the al-Qaida al-Faruq Training Camp in Afghanistan. Detainee

acknowledged traveling to Afghanistan expressly for jihad in 2000, and his name was found

on al-Qaida affiliated documents. Detainee’s passport was used to attempt entry into Iraq by

suspected al-Qaida operatives and his true identity is in question. JTF-GTMO determined

this detainee to be:

  • A HIGH risk, as he is likely to pose a threat to the US, its interests and allies.Prior History: Detainee belongs to the Bin Kinad tribe. Detainee finished high

    school and then worked on a small farm for approximately six months before leaving for

    Afghanistan. Detainee was issued a passport on 31 July 2000 in Aden, YM and departed

    Yemen for Afghanistan in approximately October 2000. For his full summary file, go here.