There are three pending criminal cases and four people the US will not release but also cannot put on trial.
President Joe Biden ’s record of handling the U.S. military prison at Guantánamo Bay, Cuba, is decidedly mixed. He succeeded in reducing the detainee population he inherited by more than half, but he compounded problems in the military commissions that the Bush administration had invented in the wake of the 9/11 attacks to try people captured in the “war on terror.” Now all the problems at Guantánamo are again President Donald Trump ’s.
A chance to make progress There are three cases that have not yet gone to trial – the 9/11 case with four defendants facing charges for their connections with the attacks, the USS Cole bombing in October 2000 with one defendant and the Bali bombing in October 2002 with one defendant. Witness to the transition In mid-January 2025, I made my sixteenth reporting trip to Guantánamo. I came for closing arguments on a motion in the 9/11 case that seeks to suppress statements that Ammar al-Baluchi made to the FBI in January 2007. That was four months after he and 13 others were transferred to Guantánamo from CIA black sites where they were held for years. The litigation to suppress those statements started in 2019.
In his first term, Trump pledged to keep the facility open. The only man to leave Guantánamo during Trump’s first term was Ahmed al-Darbi, who was repatriated to Saudi Arabia in 2018 to serve out the remainder of his sentence from a 2014 plea bargain agreement. Al-Iraqi is one of the 15 that Biden left behind. Three of them – a Libyan, a Somali and a stateless Rohingya – have long been cleared for release. Their continuing detention without charges highlights a key element of the Guantánamo problem: No one can be released unless the U.S. government finds another country willing to accept them.
Afghanistan Bali Bombing Barack Obama CIA Torture Donald Trump Global War On Terrorism Guantanamo Bay Joe Biden Khalid Sheikh Mohammed President George W. Bush The War On Terror US-Afghanistan War On Terrorism
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