WASHINGTON – Senators Chuck Grassley of Iowa, Chairman of the Senate Judiciary Committee, Lindsey Graham of South Carolina and Kelly Ayotte of New Hampshire are asking for more information on three former Guantanamo Bay detainees who were released pursuant to court orders and may have returned to the battlefield. One former detainee is confirmed to have reengaged in terrorist or insurgent activities, while the other two are suspected of reengagement in similar activities, according to a recent report by the Director of National Intelligence.
“As our service members continue to defend our nation against enemies wishing to destroy our American way of life, it’s disturbing to see that our own judicial system has allowed terrorist detainees to return to the battlefield. We need to know the extent of the damage caused by these ill-advised decisions so that we can work to prevent them in the future,” Grassley said.
“We cannot continue to supply the enemy with reinforcements,” said Graham. “As we watch the confirmed reengagement numbers rise, it is time Congress starts scrutinizing exactly who we are releasing from Guantanamo back to the battlefield, whether subject to a court order or otherwise. At the very least, we need to understand the legal justification behind these court orders, and what harm they caused.”
“No American service member should ever have to confront a former Guantanamo detainee on the battlefield. The American people have a right to know about the terrorist activities of detainees who have been released from Guantanamo, as well as the terrorist associations and activities of detainees still there,” said Ayotte.
In a letter to National Intelligence Director James Clapper, the senators request the identities of the former detainees, the court cases that led to their transfers, whether they were approved for release or transfer under other detainee review procedures and whether anyone, including U.S. forces, was killed or injured in the activities in which the detainees participated. Detainees are confirmed to have reengaged if there is a “preponderance of information which identifies a specific former GTMO detainee as directly involved in terrorist or insurgent activities.” Detainees are suspected of reengaging when plausible, but unverified reporting indicates direct involvement in similar activities.
According to the report, nearly 29 percent of all former GTMO detainees are confirmed or suspected of reengaging in terrorist or insurgent activities.
Text of the letter is below. A signed copy can be found here.
April 14, 2015
VIA ELECTRONIC TRANSMISSION
The Honorable James R. Clapper
Director of National Intelligence
Office of the Director of National Intelligence
Washington DC 20511
Dear Director Clapper:
On March 4, 2015, your office released its semiannual “Summary of the Reengagement of Detainees Formerly Held at Guantanamo Bay, Cuba.” According to that summary, one former detainee who has been confirmed reengaging in terrorist or insurgent activities since his transfer from Guantanamo Bay was transferred pursuant to a court order. The summary similarly reports that two other former detainees who are suspected of reengaging in terrorist or insurgent activities since their transfer from Guantanamo Bay were also transferred pursuant to court orders. In order to address the extent to which court decisions such as these have affected terrorist reengagement, please provide written responses to the following questions by April 30, 2015:
1. Who is the former detainee transferred from Guantanamo pursuant to a court order and subsequently confirmed reengaging in terrorist or insurgent activities?
a. Which court case resulted in his transfer order?
b. Had he otherwise been approved for transfer or release by the executive branch as a result of any of the executive branch’s review procedures for Guantanamo detainees, including the Combatant Status Review Tribunals (CSRT), Administrative Review Boards (ARB), Guantanamo Review Task Force, or the Periodic Review Boards (PRB)?
c. The ODNI reengagement summary defines a former detainee as “confirmed” reengaging where there is “[a] preponderance of information which identifies a specific former GTMO detainee as directly involved in terrorist or insurgent activities.” In what terrorist or insurgent activities did the detainee who was transferred pursuant to a court order participate?
i. Were any U.S. or coalition personnel injured or killed as a result of the terrorist or insurgent activities in which he participated?
ii. Was anyone, regardless of nationality, injured or killed as a result of the terrorist or insurgent activities in which he participated?
d. Is the former detainee still alive?
i. If so, is he currently or has he been in custody since his transfer?
1. If so, by whom?
2. Who are the two former detainees transferred from Guantanamo pursuant to court orders and subsequently suspected of reengaging in terrorist or insurgent activities?
a. Which court cases resulted in their transfer orders?
b. Had they otherwise been approved for transfer or release by the executive branch as a result of any of the executive branch’s review procedures for Guantanamo detainees, including the CSRT, ARB, Guantanamo Review Task Force, or the PRB?
c. The ODNI reengagement summary defines a former detainee as “suspected” of reengaging where there is “[p]lausible but unverified or single-source reporting indicating a specific former GTMO detainee is directly involved in terrorist or insurgent activities.” In what terrorist or insurgent activities were these detainees reportedly involved?
i. Were any U.S. or coalition personnel injured or killed as a result of the terrorist or insurgent activities in which they were reportedly involved?
ii. Was anyone, regardless of nationality, injured or killed as a result of the terrorist or insurgent activities in which they were reportedly involved?
d. Are the two former detainees still alive?
i. If so, are they currently or have they been in custody since their transfer?
1. If so, by whom?
Please number your responses according to their corresponding questions. If you have any questions about this request, feel free to contact Patrick Davis of the Judiciary Committee staff at (202) 224-5225. Thank you for your attention to this important matter.
Sincerely,
Charles E. Grassley
Chairman
Senate Committee on the Judiciary
Lindsey O. Graham
United States Senator
Kelly A. Ayotte
United States Senator
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