Commentary Magazine


Topic: Guantanamo

Don’t Return Detainees to the Battlefield

Last week, I argued the need for internationally recognized rules for the handling of terrorist suspects so as to avoid cases such as the one in Britain where one of al-Qaeda’s leading clerics in Europe may wind up being released after an EU court ruled he could not be deported to his home country, Jordan. Now comes another bit of news that underlines the need for some kind of solution for handling terrorists:

It seems the Obama administration wants to repatriate back to their home countries approximately 50 foreign detainees being held at the main U.S. detention facility in Afghanistan, prior to handing it over to Afghan authorities who have little interest in, or capability of, holding these dangerous men. The problem is that many of the detainees are Pakistani or Yemeni, and there is scant cause to think either country will hold them securely. Yemen, which appears increasingly to be ungoverned, simply lacks the capability to hold dangerous detainees; Pakistan, or at least elements of its army and intelligence service, may be in collusion with them.

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“Hunt One Head and Hunt It Famously”

Much of the buzz about Jodi Kantor’s new book, The Obamas, has centered on the gossipy angles of First Lady Michelle Obama’s adjustment to the White House and open conflict with top Obama advisers. But there are also less inside-baseball anecdotes of interest.

One such example in the book–which is, by the way, so relentlessly positive toward President Obama that it reads like a series of letters the president wrote to himself to buck up his spirits–comes when the president realizes his campaign promises on Guantanamo and detainee policy were foolhardy now that he has all the information. One day, the president brought in a group of law professors and civil liberties activists to meet with him, in the hope they would criticize him there in private and not do so publicly:

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Obama’s Muddled Thinking on Afghanistan

The Washington Post has an article today about the umpteenth instance of failed talks with the Taliban, with the U.S. apparently offering to release Taliban detainees from Guantanamo in return for a (worthless) promise from the Taliban to renounce international terrorism. The deal was scuttled, according to the Post, by (legitimate) objections from Hamid Karzai, but it is not clear if the administration could have carried out its end anyway because of domestic opposition to releasing more hardened terrorists from Gitmo.

What was really fascinating to me in this article was a section from the middle:

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Punt!

Obama was going to get a full update today, showing he was on top of the terrorist plot and the efforts to get to the bottom of things. But alas, he is just talking on the phone to John Brennan and Janet Napolitano. And he’s going to get some more reports. It is all, once again, spin zone: make it seem as if the president is urgently engaged, continue the endless churning of behind-closed-door reviews, and promise more of the same. (“I anticipate receiving assessments from several agencies this evening and will review those tonight and over the course of the weekend. On Tuesday, in Washington, I will meet personally with relevant agency heads to discuss our ongoing reviews as well as security enhancements and intelligence-sharing improvements in our homeland security and counterterrorism operations.”) And no, Hillary Clinton was not one of those the president said he had consulted. (The mystery continues!)

As I expected, there is nothing even remotely suggesting a systemic review of the administration’s approach to terror. They are focusing on relatively discrete matters, it seems (e.g., watch lists and the proverbial connecting of dots). And no comment, of course, on the release today of Iranian terrorists who killed Americans. Because that’s totally different, you see. The capture and release of terrorists, the criminal-justice model, and the willful indifference to the ideological underpinnings of our enemies are not, I think, on the agenda. This is about containing the “failure” and doing just enough to assure the public, though nothing to disrupt the ideological fixation of the administration.

UPDATE: For starters if the adminstration was interested in getting to the bottom of its security debacle it might answer the five letters Rep. Frank Wolf has sent requesting information of release of Guantanamo detainees to Yemen, Afghanistan and Somalia.

Do You Feel Safer?

Americans aren’t feeling safer these days:

A new Rasmussen Reports national telephone survey finds that 79% of U.S. voters now think it is likely there will be another terrorist attack in the United States in the next year. That’s a 30-point jump from the end of August when just 49% of Americans felt that way.

Didn’t they hear? We’re closing Guantanamo, giving KSM a civil trial, stopping enhanced interrogation techniques and re-investigating the CIA. All that and yet 70 percent think we’re going to be hit again.

Meanwhile, three days after the Christmas Day bombing was thwarted by a combination of luck and alert passengers, the Saudi arm of al-Qaeda claimed responsibility for the attack. And Obama? Oh, yes, he, as the New York Times indelicately put it, “emerged from seclusion“ to tell us he’s being briefed, everyone should be “vigilant but confident” (Who comes up with this stuff?) and that he really gets it that there are terrorists in a bunch of places who want to kill us. Sounding oddly like OJ Simpson, he vowed, “We will not rest until we find all who were involved and hold them accountable.” (Yes, it’s apparently just a giant manhunt for the culprits, in the parlance of the criminal-justice perspective to which the administration clings so dearly.) He took no questions. After all, someone might ask a sticky one, such as “Why Janet Napolitano is still working for you?” or “Why did you think it advisable to release Guantanamo detainees to Yemen?”

Even the Times reporter could not conceal his disdain for the president’s shabby handing of the terror attack:

Pictures of passengers enduring tougher security screening at the airport were juxtaposed against images of the president soaking in the sun and surf of this tropical getaway. Mr. Obama, who put on a suit though no tie for his statement Monday, has ordered a review of the two major planks of the aviation security system — watch lists and detection equipment at air — port checkpoints. Some members of Congress urgently questioned why, more than eight years after the attacks of Sept. 11, 2001, security measures could not keep makeshift bombs off airliners.

This eerily brings to mind Obama’s campaign hideout when Russia invaded Georgia. For days he remained secluded then too, only to emerge from the palm trees when his then-opponent John McCain had issued multiple statements. But Obama is president now and the public is increasingly concerned about his ability to protect them. We really could use a commander in chief who understands the nature of the enemy and who can do better than a belated statement days after the third domestic terror attack of his presidency.

To Yemen?

Rep. Frank Wolf has sent a letter to the Justice Department and issued a press release questioning the release of Guantanamo detainees to Yemen, especially “in light of the recent tragedy at Fort Hood where the alleged shooter reportedly has ties to a radical cleric now living in Yemen.” Yes, that is correct. Wolf’s press release explains:

“The American people have a right to know who these detainees are and what acts of terror they were engaged in,” Wolf wrote. “If the public had this information, they would never tolerate the release of these men back to unstable countries with a sizeable al Qaeda presence.” …

“If the administration does not halt these pending releases immediately, it could be responsible for creating a new revolving door of terrorism that will cost American lives,” Wolf wrote today. “The security of the American people could be at risk because of the administration’s relentless pursuit of a campaign promise to close Guantanamo Bay by January 22, 2010.”

“Why has the administration made basic information about these dangerous detainees so highly classified that it cannot be shared with the American people or the media?” Wolf asked. “I have reviewed the materials. These are dangerous individuals. To release committed al Qaeda terrorists back to Yemen under these conditions would be an act of gross malfeasance that undermines the safety of the American people.”

In his statement, Wolf also raised the red flag about Anwar al-Aulaqi, “the radical cleric now living in Yemen who has ties to Fort Hood gunman Major Nidal M. Hasan and also mentored two of the 9/11 hijackers.” Wolf does not subscribe to the view that Hasan was simply suffering from post-traumatic stress:

“As the facts surrounding the Fort Hood attack have emerged, it is becoming clear that anyone who is cited in the 9/11 Commission Report — as al-Aulaqi was on page 221 — as a ‘significant’ contact for 9/11 terrorists Nawaf al-Hazmi and Khalid al-Mihdhar should be considered a ‘significant’ connection to Hasan,” Wolf wrote. “Al-Aulaqi has subsequently praised Hasan’s attack stating on his Web site: ‘Nidal Hassan is a hero. … Nidal opened fire on soldiers who were on their way to be deployed to Iraq and Afghanistan. How can there be any dispute about the virtue of what he has done? In fact the only way a Muslim could Islamically justify serving as a soldier in the US army is if his intention is to follow the footsteps of men like Nidal,’’’ according to a translation.

Really, if not for the appalling decision to move 9/11 ringleader Khalid Sheikh Mohammed to the U.S. for a trial — that will soon devolve into a three-ring circus in which the U.S. and its defenders are in the dock — the decision to export the Guantanamo detainees to Yemen, where they can hear the same pearls of wisdom that inspired Hasan, would be tops on the list of “most outrageous things” the Obama team has done recently. But there is always plenty of competition for that distinction.