Pentagon’s Plan to Close Gitmo

Read it and permission granted to shake your head.

DOD Releases Plan to Close GTMO

02/23/2016

FAS: Conceding that “the politics of this are tough,” President Obama announced this morning the release of the Department

of Defense (DoD) plan to close the prison facility at the U.S. Naval Station, Guantanamo Bay, Cuba. The document

reiterates current procedures for transferring detainees to their home countries or other countries abroad, but perhaps

more controversially, promises to “work with Congress to relocate [certain detainees] from the Guantanamo Bay

detention facility to a secure detention facility in the United States, while continuing to identify other non-U.S.

dispositions.” The plan does not specify a particular location within the United States where detainees would be housed

(although it states 13 possible sites have been identified), but emphasizes the Attorney General’s 2014 conclusion that

relocation to the United States would not risk ascribing to transferees additional rights under the U.S. Constitution or

immigration laws. (This analysis, required by section 1039 of the National Defense Authorization Act for FY 2014, is

attached as an appendix to the plan).

Predicting that the closure of the detention facility will save between $140 million and $180 million over FY 2015

operating costs, the plan lays out how the Administration hopes to resolve the disposition of the 91 detainees remaining

at Guantanamo Bay. The U.S. Government, it says, is pursuing three lines of effort:

1. identifying transfer opportunities for detainees designated for transfer;

2. continuing to review the threat posed by those detainees who are not currently eligible for transfer and who are

not currently facing military commission charges; and

3. continuing with ongoing military commissions prosecutions and, for those detainees who remain designated for

continued law of war detention, identifying individualized dispositions where available, including military

commission prosecution, transfer to third countries, foreign prosecutions or, should Congress lift the ban on

transfers to the United States, transfer to the United States for prosecution in Article III courts and to serve

sentences.

The plan acknowledges that current law prohibits the transfer of detainees into the United States. Current legislative

barriers to the transfer of Guantanamo detainees to the United States include two provisions in the 2016 NDAA (P.L.

114-92). Like previous provisions in national defense authorization and appropriations legislation (beginning with

section 14103 of the 2009 Supplemental Appropriations Act (P.L. 111-32)) section 1031 of the 2016 NDAA prohibits

the use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba,

to the United States. This prohibition expires on December 31, 2016. Section 1032, also reiterating prohibitions from

previous years, prohibits until December 31, 2016, the use of funds to construct or modify facilities in the United States

to house detainees transferred from Guantanamo Bay.

These provisions are also carried over in the 2016 Consolidated Appropriations Act (Omnibus) (P.L. 114-113), Division

B, Title V (Commerce, Justice and Science) sections 527 and 528, and Division C, Title VIII (Department of Defense)

sections 8103-8104, except that the prohibitions cover funds appropriated in “this or any other Act.” The transfer

provision is repeated in Division F, Title V (Homeland Security) section 532. Title IV, section 412 of Division J

(Military Construction and Veterans Affairs) repeats the prohibition on building modifications or construction in the

United States to house Guantanamo detainees. Title VI of Division M (Intelligence) repeats the prohibitions with

respect to the Intelligence Community.

The plan appears to be a response to a 2016 NDAA provision that directed DOD to submit a comprehensive detention

strategy, which included such elements as an assessment of possible detention sites within the United States. Some

have criticized the DoD plan as failing to address sufficiently the required elements of the report. Additionally,

although nothing in the DoD plan suggests that the White House is considering using an executive order to bypass the

statutory restrictions and transfer detainees into the United States, it has been suggested that the President has

constitutional authority to close the detention facility despite legislative prohibitions currently in force. Others,

however, disagree, and the Joint Chiefs of Staff have denied in a recent letter to certain Members of Congress that there

is any intent to take actions contrary to statutory restrictions.

 

 

Iran Denies U.S. Travel Visas

Oh, but wait to whom exactly? Investors? Nah…to members of Congress…..uh huh But we normalized relations right?

Iran Denies Travel Visas to U.S. Lawmakers

FreeBeacon: Iran has denied travel documents to three U.S. lawmakers who sought to observe the country’s Friday elections and ensure that they were carried out fairly, according to information provided to the Washington Free Beacon.

The Iranian regime delayed for weeks and ultimately ignored multiple visa requests by three House lawmakers who sought permission to travel to the country in order to monitor the elections held last Friday. Observers say the elections ushered in another crop of hardline, anti-American officials.

The congressmen, including Reps. Mike Pompeo (R., Kan.), Lee Zeldin (R., N.Y.), and Frank LoBiondo (R., N.J.), personally delivered their visa applications to the Iranian Interests Section of the Pakistani embassy in Washington, D.C., several weeks ago.

The lawmakers sought to observe the recent elections, as well as visit the country’s nuclear sites and meet with American hostages currently being held in Iran. While at the embassy, they provided Iranian diplomats with a list of their priorities for the visit.

The Iranian government failed to respond to these requests despite assurances from officials that the matter would be dealt with in a timely fashion. Iran has yet to explain why it did not respond to the congressmen.

Pompeo and the other lawmakers said Iran’s behavior indicates that it has something to hide from the United States and that the country cannot be trusted to uphold promises made under the recent nuclear agreement. They also criticized the Obama administration for not advocating on their behalf.

“Our straightforward and sincere visa applications have been met with mockery and delay from Iran, revealing this regime’s desire to hide from the American public,” Pompeo, a member of the House Permanent Select Committee of Intelligence, told the Free Beacon on Monday. “I am hopeful that the next U.S. president will critically examine the utility of President Obama’s nuclear deal and put America’s interests ahead of political legacy.”

Pompeo further described Friday’s election in Iran as a “sham” that served to enable the country’s hardline government.

“Because the fanatical Ayatollah holds ultimate power, February 26 was more of a selection of the next group of radicals by the current radicals, than a true election by the people,” he said. “Iranian state television has declared a national victory for the hardliners—politicians who declared that Israelis ‘aren’t human’ and who called for the execution of the pro-democracy Green Movement leaders were selected.”

Early election results indicate the hardliner candidates dominated the election, in part because most moderates were disqualified from participating in advance.

Iran’s Guardian Council, which is controlled by the Supreme Leader, is believed to have disqualified around 60 percent of the potential candidates, including around 99 percent of those viewed as reformists.

“The bulk of the disqualified candidates represent comparatively pragmatic elements of the ruling elite,” Saeed Ghasseminejad, an Iran expert at the Foundation for Defense of Democracies, explained in a policy briefing last week. “On the other hand, most of the approved contenders are radical revolutionaries—devotees of the supreme leader with close ties to the Islamic Revolutionary Guard Corps (IRGC). It is mathematically impossible for the less-hardline factions to win at the ballot box.”

“As a result, those supposed ‘moderates’ who were approved have been forced to round off their party lists with hardline candidates,” Ghasseminejad said.

LoBiondo and Zelden said that Iran’s refusal to grant them travel documents is a sign that the country is not seeking to boost ties with the U.S. as a result of the nuclear deal.

“In this supposed ‘new era of openness and cooperation,’ it is disappointing—but not surprising—that our request to visit Iran and monitor these elections was met with a closed door,” said LoBiondo, chair of the House’s CIA subcommittee.

“Furthermore, with the implementation of the nuclear deal and with Americans still detained in Tehran, it is perplexing why the Obama administration refuses to advocate on behalf of our official Congressional visit to Iran on such critical national security issues.”

“It’s unfortunate that Iran has not yet granted our request for visas to observe Iran’s election and for other productive purposes. The American people and rest of the free world still deserve first hand confirmation of what present day reality is in Iran. I look forward to Iran showing that it is a partner in peace by issuing our visas so that we can meet with Iranian leadership, visit nuclear sites, and meet with American hostages,” said Zeldin, a member of the House Foreign Affairs Committee.

*** Western corporations have been doing business in Iran for decades despite sanctions, especially so since 2013;

US-listed companies doing business in Iran: $540 million in revenue and counting

QZ: Economic sanctions on Iran have been getting tougher in recent years, and the United States tightened the screws a little more last summer with the Iran Threat Reduction and Syria Human Rights Act (PDF).
One unusual aspect of that law is that it started requiring companies traded on US stock exchanges to disclose more about the business they’re doing with Iran, and the Securities and Exchange Commission created the clunkily named IRANNOTICE filing to help them do it.
Companies were already beginning to disclose more about their ties to Iran, Syria, Cuba and other countries non grata (at least in US eyes) under pressure from the SEC. Now they must be systematic about it—and disclose gross revenue and net profits wherever possible.
Quartz’s partial tally: more than $540 million in gross revenue and $15.5 million in profits for US-listed companies from their business with Iran in 2012—and that’s just from 30 or so large companies that have made the disclosures since mid-February.
The numbers underscore the difficulty of maintaining tight sanctions in a global economy. But they also hide a lot of nuance and variation.
Companies based outside the US accounted for 99% of the revenue and three-quarters of the profit. (They made the disclosures because they list shares or American Depository Receipts on US markets.)
In fact, a big chunk of the total came from one company: $414 million in revenue for Statoil ASA, the Norwegian oil and gas company, from Statoil’s contracts with the National Iranian Oil Co.
Statoil also said it has terminated its agreements with Iran, abandoned it licenses there, and “will not make any investments in Iran under present circumstances.”
That’s a common refrain in the disclosures we saw: Many, though not all, of the disclosed transactions reflected companies wrapping up old business en route to cutting most or all ties with the Islamic republic. Typically, the transactions hadn’t been prohibited before the new rules kicked in.
Among the other noteworthy disclosures:
ING Groep said it collected €58 million in revenue and €395,000 in profits from repayment of old loans and a collection of frozen Iranian bank accounts. (Of course, in June, ING also settled allegations by the US Treasury and federal prosecutors that it hid transactions with Cuba and helped finance some sales to Iran, by agreeing to pay $619 million in penalties. It if keeps its nose clean for 18 months, the prosecutors will drop their charges.)
The biggest disclosure by a US company came from auto-parts maker TRW Automotive Holdings, which said it collected $8.3 million in revenue and $377,000 in profits from non-US subsidiaries that “sold products to customers that could be affiliated with, or deemed to be acting on behalf of, the Industrial Development and Renovation Organization” — one of the Iranian entities on the federal government’s massive list.
Under broad rules defining corporate “affiliates,” TRW’s transactions forced investor Blackstone Group to file its own disclosure. And Carlyle Group disclosed that a European portfolio company, Applus Servicios Technologicos, collected €1.19 million in revenue (and €200,000 in profits) from Iranian customers “that could be affiliated with the Industrial Development and Renovation Organization.” Similarly, Hertz had to report that a French affiliate of investor Clayton, Dubilier & Rice had received €2.5 million in payments from Iranian interests to an account at Bank Melli last year. And Apollo Global Management disclosed that portfolio company LyondellBasell Industries (Apollo funds owned 19.6%) reported collecting €4.2 million in revenue and €2.4 million in profit last year from Iranian entities.
Thomson Reuters reported $2.4 million in revenue and $426,000 in profits from selling news and intellectual-property and financial data to Iran-linked entities.


Other big Iran-related disclosures included GlaxoSmithKline at £19.7 million in revenue and £2.8 million in profits, and AstraZeneca at $14 million in revenue and $6 million in profits, both through distributors. Glaxo said that, after a review of the business, it “intends to supply only products of high medical/public health need (as determined using criteria set by the World Health Organization) from its Pharmaceuticals and Vaccines businesses.” AstraZeneca says it has a US license to do some business with Iran, but so far has sold only drugs from outside the US to distributors there.
Amusingly, at least for observers, there doesn’t seem to be a lower threshold to the disclosure requirement. So Dell, the Texas computer company, disclosed a whopping £106.13 ($169.90 at the time) in revenue from Iran, collected by a United Kingdom subsidiary to Quest Software, which Dell said last year it would acquire. The fees were paid by a unit of Bank Melli, which the US government links to Iran’s nuclear and missile programs, for maintenance licenses on software that helps search email and other communications. Drafting Dell’s 374-word disclosure probably cost the company more than the licenses brought in. (Dell says it canceled the service contract and won’t do further business with Bank Melli.)
Other picayune disclosures include Hyatt Hotels, which said the Park Hyatt Hamburg collected $9,300 for 33 room nights under a preferred-rate arrangement with Europaeisch-Iranische Handelsbank, which is on the US Treasury’s Blocked Persons List. And CME Group said it received $3,150 in revenue for selling market data to Iran’s Government Trading Group and a European subsidiary of the National Iranian Oil Company.

al Qaeda Making a Comeback

Al Qaeda Makes a Comeback

Intelligence analysts paid close attention last month when al Qaeda’s master bombmaker, Ibrahim al Asiri — whose name tops U.S. kill lists — issued an audiotape from his hiding place.

NBC: The content was the usual anti-Saudi Arabian screed, sprinkled with threats against America — but the news was Asiri’s sudden willingness to join the terror group’s PR campaign. For years, the man who tried to take down planes with underwear and parcel bombs had laid low, as al Qaeda’s Yemen affiliate tried to protect him from U.S. drone strikes.

In 2016, however, a resurgent al Qaeda is emerging from the shadows. While ISIS has been soaking up headlines, its older sibling has been launching attacks and grabbing territory too, and U.S. intelligence officials tell NBC News they are increasingly concerned the older terror group is poised to build on its achievements.

“Al Qaeda affiliates are positioned to make gains in 2016,” James Clapper, the director of national intelligence, warned the House Intelligence Committee Thursday.

Because of those far-flung affiliates, al Qaeda “remains a serious threat to U.S. interests worldwide,” Lt. Gen. Vincent Stewart, the director of the Defense Intelligence Agency, told Congress recently.

After seizing a large segment of Iraq and Syria, beheading Western hostages on camera and slaughtering civilians in the heart of Paris, ISIS has eclipsed its extremist rival as the biggest brand in global jihad.

But U.S. officials tell NBC News that al Qaeda — though its core in Pakistan has been degraded by years of CIA drone strikes — is now experiencing renewed strength through its affiliates, led by al Qaeda in the Arabian Peninsula (AQAP) in Yemen and the Nusra Front in Syria. Clapper called the two groups al Qaeda’s “most capable” affiliates in his House testimony Thursday.

Both branches have expanded their territorial holdings over the last year amid civil wars. Russian air strikes against the Nusra Front, and CIA drone attacks on AQAP leaders, have set them back, but have not come close to destroying them.

Al Qaeda has not managed to attack a Western target recently, but it continues to inspire plots. There is no evidence December’s mass shooting in San Bernardino, California was directed by al Qaeda, but Syed Rizwan Farook, who carried out the attack with his wife Tashfeen Malik, appears to have been radicalized by al Qaeda long before the rise of ISIS. He was a consumer of videos by al Qaeda’s Somalia affiliate and the AQAP preacher Anwar al Awlaki, court records show.

Al Qaeda attacks on hotels in Burkina Faso in January and Mali in November, which together killed dozens of people, appeared to affirm the threat posed by the terror group’s Saharan branch, al Qaeda in the Islamic Magreb, or AQIM.

Stewart added that intelligence officials are also “concerned al Qaeda could reestablish a significant presence in Afghanistan and Pakistan, if regional counterterrorism pressure deceases.”

In Yemen, AQAP has benefitted from the power vacuum created by the Houthi rebels’ uprising, and the air war on the Houthis by Saudi Arabia.

AQAP last April seized the city of Mukalla, the capital of Hadramout province and a port city with a population of some 300,000. It looted a bank of more than $1 million in cash, U.S. officials said, and released 300 inmates from jail.

Since then, the group has expanded its territory in the provinces of Abyan and Shabwa, its traditional strongholds.

“AQAP’s expansion is unchecked because there is no one on the ground to put any pressure on the organization,” noted Geoffrey Johnsen, a Yemen expert. “What is left of Yemen’s military is too busy fighting other enemies to engage AQAP, and the Saudis are focused on rolling back the Houthis. In the midst of Yemen’s civil war, AQAP is able to pursue more territory and to plot, plan, and launch attacks.”

The CIA is watching closely. Jalal Bala’idi, a prominent AQAP field commander, was killed in an agency drone strike in February.

AQAP’s seizures of territory have “allowed them to operate more openly, have access to a port, and have access to other kinds of infrastructure that has certainly benefitted them,” a U.S. intelligence official told NBC News. At the same time, he said, the U.S. has “managed to remove many significant figures from the battlefield and keep AQAP somewhat at bay.”

Al Qaida’s Syrian affiliate gets less public attention than others. Western media reporting sometimes refers to the Nusra front as a Syrian rebel group, without mentioning that it’s part of the global terrorism organization.

But Nusra is as well-organized and disciplined as any al Qaeda affiliate, U.S. intelligence officials say. Although it is now focused on defeating Assad, its battle tested fighters could pose a risk to the West in the years ahead.

“Jabhat al Nusra is a core component of the al Qaeda network and probably poses the most dangerous threat to the U.S. from al Qaeda in the coming years,” the Institute for the Study of War, a Washington think tank, said in a recent report. “Al Qaeda is pursuing phased, gradual, and sophisticated strategies that favor letting ISIS attract the attention — and attacks — of the West while it builds the human infrastructure to support and sustain major gains in the future and for the long term.”

U.S. air strikes have set back a group of al Qaeda operatives in Syria known as the Khorasan Group, which embedded with Nusra while plotting attacks against the West, intelligence officials say.

But Nusra has trained a core of elite fighters, the ISW says. Georgetown terrorism expert Bruce Hoffman says Nusra has achieved Osama bin Laden’s goal of rebranding al Qaeda and moving away from a name that had lost its luster.

The group’s leader, Abu Mohammad al Julani, is hardly a household name in the West, but he is respected by his adversaries in American intelligence. He is believed to have been detained by the U.S. military in Iraq and released in 2008.

Hoffman, who served as the CIA’s Scholar-in-Residence for Counterterrorism, calls Nusra “even more dangerous and capable than ISIS.”

Al Qaeda is watching ISIS “take all the heat and absorb all the blows while al Qaeda quietly re-builds its military strength,” he said.

SecDef on Gitmo and Detainees Too Dangerous

A partial closing? An Executive Order to overrule the law and Congress? There are no more enemy combatants anywhere in the world? Where would a new president send enemy combatants? What about the next Secretary of Defense?

Thoughts?

Ash Carter: There Are Gitmo Detainees so Dangerous That it Is Not Safe to Transfer Them

FreeBeacon: Defense Secretary Ash Carter told reporters on Monday there are detainees at the Guantanamo Bay military prison who are so dangerous that it would not be safe to transfer them outside the care of the United States.

Carter and President Obama have drawn up a plan to move many of the remaining 91 detainees into the custody of foreign governments. Detainees not cleared for transfer overseas—those who Carter describes as too dangerous to go elsewhere—would be moved stateside in an effort to close the detention facility.

Moving Detainees From Gitmo To U.S. Is Reckless and Dangerous

February 23, 2016

WASHINGTON, D.C. – Representative Darrell Issa (R-Ca.) issued the following statement on the President’s plan to close the detention facility at Guantanamo Bay and relocate some of the most dangerous detainees into the United States:

“President Obama is once again proving his willingness to set aside the rule of law to pursue his own reckless agenda no matter the consequences for the American people. The plan announced today would take detainees deemed too dangerous to transfer to other countries and bring them right into our own backyards. It risks the lives and safety of American citizens and it’s not what the people expect of our commander-in-chief.”

“The administration has already let nearly 150 detainees go free, only to see many of them return to terrorist groups and rejoin the fight against us. Instead of focusing on finding new homes for terrorists, the President should refocus his efforts on winning the War on Terror and bringing an end to the extremist groups seeking to do us harm.”

 

 

Carter made his comment while holding a press briefing at the Pentagon along with Joseph Dunford, the chairman of the Joint Chiefs of Staff.

A reporter asked Carter if the United States is thinking of transferring the Guantanamo Bay naval base back to the Cuban government, which he denied while drawing a distinction between the naval base and the detention facility.

“The base is separate from the detention facility,” Carter said in response. “The base is in a strategic location. We’ve had it for a long time. It’s important to us, and we intend to hold onto it.”

Carter then turned his attention to the detention center within the naval base, which he said is the specific focus of the Obama administration’ closure plan.

“With respect to the detention facility at [Guantanamo], which is what the president was speaking about last week … there are people in the Guantanamo Bay detention facility whom it is not safe to transfer to any other—they have to stay in U.S. detention,” Carter said. “Safety is the top priority for me, the chairman, and for the president.”

Carter then said that because some detainees are too dangerous to release, there needs to be an alternate facility in the U.S. for these individuals to go if Guantanamo is closed, which is at the heart of Obama’s proposal.

The Pentagon is reportedly looking at send prisoners to either the federal Supermax prison in Florence, Colo., the military prison in Leavenworth, Kansas, or the Naval Consolidated Brig in Charleston, S.C.

One problem for the administration, however, is that it is currently illegal to move Guantanamo detainees to U.S. soil. Carter said at Monday’s briefing that Congress must change the law for the closure plan to go into effect.

“[Obama’s Guantanamo plan] can’t be done unless Congress acts, which means Congress has to support the idea that it would be good to move this facility and the detainees to the United States … it’s good if it can be done, but it can’t be done under current law. The law would have to be changed. That’s the reason we would put the proposal in front of Congress,” Carter said.

This may prove difficult for the administration, as a bipartisan majority in both houses of Congress disapprove of closing Guantanamo and transferring detainees to the U.S.

Carter reaffirmed his support for the president’s plan, citing its fiscal benefits—U.S. officials say it would save the government between $65 million and $85 million per year—and benefits for U.S. military personnel charged with duty at Guantanamo. He said the plan is good “on balance” and that he does not want to pass the Guantanamo issue to the next president and Defense Secretary if possible.

The president has long maintained that Guantanamo should be closed because the detention facility is not in keeping with American values and serves as a recruiting tool for terrorists.

Those who want Guantanamo to remain open argue that the facility is necessary to hold enemy combatants who are members of jihadist groups like al Qaeda to keep them off the battlefield and gather intelligence. They cite the reportedly exceptional treatment detainees receive at the facility, which military leaders have detailed to reporters, as well as experts who say that Guantanamo plays a minimal role in jihadist propaganda.

The recidivism rate for Guantanamo detainees who are released and return to terrorist activity is about 30 percent, according to experts.

A recent example that garnered attention was Ibrahim al Qosi, a former aide to Osama bin Laden who was sent to Guantanamo in 2002 and released 10 years later. Al Qosi resurfaced this month as a senior member of al Qaeda in the Arabian Peninsula, the terror group’s most dangerous branch.

When asked about al Qosi’s return to jihadist activity at a Senate Appropriations Committee hearing last week, Secretary of State John Kerry lamented that “he’s not supposed to be doing that.”

It is important to understand the term enemy combatant, lawful and unlawful as defined the Geneva Convention. You can read the 10 items here.

 

 

 

CAIR -1 FBI-0

Go to the FBI website and see for yourself.  Violent extremism is a politically correct phrase…..a dangerous one.

New FBI Counter Extremism Site Fails to Mention Islamism