Gitmo detainee found dead was cleared for release in 09

[General Zod]

Because Obama didn't want to repatriate him to Yemen.

The Guantanamo detainee found dead in his prison cell last weekend had been cleared for release three years ago by an Obama administration task force that concluded that his detention was no longer necessary, NBC News has learned.
The disclosure that the detainee, Adnan Farham Abdul Latif, a 32-year-old Yemeni citizen, had been approved for repatriation could raise new questions about the handling of his case and those of scores of others held in Gitmo who also have been cleared for release. Instead, the detainees remain stuck in legal limbo in the U.S. prison for suspected terrorists with no prospect for getting out any time soon.
A special Obama administration task force review found in 2009 that Latif, who had been held at Gitmo since early 2002 and had waged a long legal battle for his freedom, could be released, a conclusion that could only be reached by a unanimous vote of all U.S. intelligence agencies.
That finding was buttressed a year later when U.S. Judge Henry Kennedy ruled that the U.S. government's initial evidence that Latif had links to al-Qaida and the Taliban was "unconvincing." Despite both findings, the Obama administration appealed the ruling -- because it did not want to return him to Yemen, a country it viewed as too unstable.
That stance provoked criticism from human rights groups. At the time of Latif's death, Amnesty International was about to launch an international campaign calling for his freedom, according to David Remes, who headed a legal team that represented Latif.
"Adnan spent more than ten years in Guantanamo-- nearly a third of his life -- but like most Guantanamo detainees, he was never charged with a crime or accused of violating any law," Remes said in a statement released Tuesday.
He "endured great suffering at Guantanamo -- physical and spiritual -- and lived in constant torment" but "could see no end to his confinement," it said. "However he died, Adman's death is a reminder of the injustice of Guantanamo and the urgency of closing the prison."
Remes told NBC News Tuesday that Latif had been “in despair” over his plight and had told him he would take any opportunity he could to commit suicide. He also said that Latif had been heavily sedated by guards there.
In a statement on its website Tuesday, Amnesty International USA called Latif’s death, “a tragic reminder of the numbing cruelty of the USA’s indefinite detention regime at its Guantánamo Bay detention facility, and the urgent need to resolve the detentions.”
Latif's death is the ninth at Gitmo since the U.S. prison for terrorists opened in January 2002 and the third since last year. The case is now the subject of an investigation by the Naval Criminal Investigative Service. Military officials say that Latif, who had no serious medical problems, was found unconscious and unresponsive in his cell at Camp 5 on Saturday afternoon. After efforts to revive him failed, he was rushed to a hospital at the base and pronounced dead. An autopsy was conducted on Sunday, but the results have not yet been released.
Military officials say that Latif had been a disciplinary problem: He had been on a hunger strike that he ended in June and recently had hurled a "cocktail" of food and bodily fluids at guards, causing him to be placed in a special disciplinary cell in Camp 5, where he was isolated from other detainees.
But Remes said that Latif had ample grievances. Pentagon officials had first recommended he be released from Gitmo as early as 2004, but he was caught up in seemingly endless legal battles over the status of detainees. He was brought to the prison in early 2002 after being turned over to Pakistani police to the U.S. military following the invasion of Afghanistan. Latif had said he suffered from brain injuries as a result of an auto accident in Yemen and had gone to Pakistan for free medical help.
U.S. military officials originally claimed that he had been encouraged to leave Yemen by an al-Qaida facilitator named “Abu Khalud” and had received military training at a camp in Afghanistan. But Judge Kennedy noted in his ruling that there was no corroborated evidence that Latif ever met Khalud and that Defense Department officials had previously concluded that Latif “is not known to have participated in combatant/terrorist training.”
In letters from Gitmo, Latif repeatedly asserted his innocence. “This prison is a piece of hell that kills everything, the spirit, the body, and kicks away all the symptoms of health from them,” he wrote in one letter that was widely cited by human rights advocates.
Noting President Barack Obama's one-time pledge to close Gitmo, Remes said: "The only detainees who have been released from Gitmo in the last two years have been in caskets."

But obviously everyone locked up at Gitmo deserves to be there, *I'm a smarmy asshole*?

[Aaron MkII]

I love that they note he was a "disciplinary problem"

Yeah, guy who is innocent and been locked up for almost a decade, no shit he's going to be pissed. The acceptance of this shit never ceases to amaze.

[Stark]

He's less of a problem dead than released. That anyone may have thought that is what's really sad about this.

[Aaron MkII]

Remember that discussion we had about the casual nature of the evil, how little things like this lead to an acceptance of far more horrible shit?

[Ahriman238]

Words fail me.

I know the slow grinding wheels of justice can take years to reach a simple verdict here in the US, but 8 years? If the man didn't despise this country going in, he sure had ample cause towards the end.

And not one serious contender for President is even willing to discuss closing that blatantly illegal hell-hole.

This is exactly the flavor of shit we used to pride ourselves on never doing, never considering doing, that could never happen here. Or if it did it would be buried in a shitstorm of public outrage. Instead... nothing. Perhaps Gitmo doesn't just kill the spirit of the people inside.

RIP Latif.

[The Duchess of Zeon]

I wonder if we could at least push for something that would be harder for conservatives to slander--perhaps a measure requiring everyone who has been deemed not a security risk like he was in 2004, let alone authorized for release (but both groups, to be sure), could be put in a group of nice houses (built if required) on another part of the base and left alone with weekly checkups by a doctor, Imam, halal food, and lawyers' visits? In short, house arrest on the base. It isn't freedom, but because freedom is politically impossible, maybe finding something to alleviate their condition actually could be done.

[General Zod]

I wonder if we could at least push for something that would be harder for conservatives to slander--perhaps a measure requiring everyone who has been deemed not a security risk like he was in 2004, let alone authorized for release (but both groups, to be sure), could be put in a group of nice houses (built if required) on another part of the base and left alone with weekly checkups by a doctor, Imam, halal food, and lawyers' visits? In short, house arrest on the base. It isn't freedom, but because freedom is politically impossible, maybe finding something to alleviate their condition actually could be done.

Nah, lots of people seem to have this delusion that if they haven't done anything wrong they wouldn't be there. It'd be easy to spin it as wasting money making terror suspects more comfortable on the taxpayer dime.

[Zaune]

I wonder if we could at least push for something that would be harder for conservatives to slander--perhaps a measure requiring everyone who has been deemed not a security risk like he was in 2004, let alone authorized for release (but both groups, to be sure), could be put in a group of nice houses (built if required) on another part of the base and left alone with weekly checkups by a doctor, Imam, halal food, and lawyers' visits? In short, house arrest on the base. It isn't freedom, but because freedom is politically impossible, maybe finding something to alleviate their condition actually could be done.

Part of me thinks that would be too much of a capitulation; detention without trial in comfortable circumstances is still detention without trial.

And yet, half a loaf, even half a slice is better than no bread.

[Thanas]

None of this would exist if Obama or the American Public had a spine or would even remotely care.

[Aaron MkII]

Can Obama do anything? I'm not a fan of him but can he close it and send them home on his own, assuming he cared, or will the GOP just obstruct it?

[Grumman]

Can Obama do anything? I'm not a fan of him but can he close it and send them home on his own, assuming he cared, or will the GOP just obstruct it?

Obama's pro-indefinite detention, but if he wasn't, he'd be in a perfect position to demonstrate that a given detainee should not be there. The government knows there is no credible evidence that he had even met a member of Al-Qaida before he was sent to Gitmo, and then perhaps start calling people out as cowards if they're too afraid to let an innocent man walk free.

[Mr Bean]

I wonder if we could at least push for something that would be harder for conservatives to slander--perhaps a measure requiring everyone who has been deemed not a security risk like he was in 2004, let alone authorized for release (but both groups, to be sure), could be put in a group of nice houses (built if required) on another part of the base and left alone with weekly checkups by a doctor, Imam, halal food, and lawyers' visits? In short, house arrest on the base. It isn't freedom, but because freedom is politically impossible, maybe finding something to alleviate their condition actually could be done.

Part of me thinks that would be too much of a capitulation; detention without trial in comfortable circumstances is still detention without trial.

And yet, half a loaf, even half a slice is better than no bread.

I disagree because half a slice means you will never ever get the loaf in this situation. In the Gitmo situation the prisoners got that half a slice and in exchange they earned themselves a automatic life sentence because without the political left being angry at it enough to do something nothing will be done. One of Obama's greatest marks against him is how much he covered for the GWB administration, because of his election he promised to do no more torture and to stop sending people to Gitmo... Great but those in the CIA who directly conducted and ordered the torture were rewarded not punished. Meaning it's a precedent since nothing was done about it. The only thing stopping the next President from throwing someone he does not like in jail and having them water boarded is one Presidential order rewrite away from being removed.

[TheHammer]

The only thing stopping the next President from throwing someone he does not like in jail and having them water boarded is one Presidential order rewrite away from being removed.

Without congressional support to change it, this was always going to be the case.

[Zaune]

I disagree because half a slice means you will never ever get the loaf in this situation.

Not going to get the loaf either way by the looks of it. I mean, are the prospects of these poeople ever leaving that prison camp any way but in a pine box really good enough that we can justify going for all or nothing? That's not a fight we're going to win unless the Cuban army trains every piece of artillery they own on the camp and threatens to level it if they don't hand over the detainees, and even then I wouldn't care to place any bets. Seems to me that making their circumstances a little more bearable is at least within the realms of the conceivably possible, however low-expectational (is that a word?) it might seem.

Brings new meaning to the phrase "Prisoner's Dilemma", doesn't it?

[Thanas]

Can Obama do anything? I'm not a fan of him but can he close it and send them home on his own, assuming he cared, or will the GOP just obstruct it?

Of cours. Obama could close Gitmo and sent all of them home with the single stroke of the pen. He doesn't do it because he is pro indefinite detention and because it would require him having balls.

[Alyrium Denryle]

Can Obama do anything? I'm not a fan of him but can he close it and send them home on his own, assuming he cared, or will the GOP just obstruct it?

Of cours. Obama could close Gitmo and sent all of them home with the single stroke of the pen. He doesn't do it because he is pro indefinite detention and because it would require him having balls.

To elaborate on this: Gitmo is under US military jurisdiction and even if repatriation was not it still runs through ICE. Things that already have money budgeted for prisoner transfers, deportation etc. So congress would not be required.

Hell, they could all be moved into the US federal prison system and given proper civilian trials without needing congressional authorization. The reason he is attempt to close Gitmo failed was because he never wanted to do that. He wanted to build a whole new facility for indefinite detention on US soil, which opens a REALLY different legal can of worms.

[TheHammer]

Can Obama do anything? I'm not a fan of him but can he close it and send them home on his own, assuming he cared, or will the GOP just obstruct it?

Of cours. Obama could close Gitmo and sent all of them home with the single stroke of the pen. He doesn't do it because he is pro indefinite detention and because it would require him having balls.

You have an incredile knack for oversimplification. For a more comprehensive, while still fairly conside overview of the situation:

http://www.politifact.com/truth-o-meter ... on-center/

You essentially have an obstructionist congress, an issue that is extremely thorny politically, and the giant mess of what exactly to do with prisoners even if they are determined to be released. Its easy to say that they could "just be let go" if only "Obama had balls", but that would also be incorrect.

I still happen to believe that Obama does want to close the prison, but unfortunately he's struggling right now just for re-election. If things weren't so fucked up following the Bush years he probably could have devoted more effort towards it. I think that following a successful re-election and an economic turn around he would have the political capital to tackle this thing again, building on the steps taken during his first term.

[Mr Bean]

I disagree with you TheHammer because what politfact glosses over is the simple problem that Congress can not take any action if exist laws are used.

If the Gitmo detainees were physically moved to a Fort Leavenworth and placed into the civilian justice system there is literally nothing congress could do.

[Thanas]

You essentially have an obstructionist congress, an issue that is extremely thorny politically, and the giant mess of what exactly to do with prisoners even if they are determined to be released. Its easy to say that they could "just be let go" if only "Obama had balls", but that would also be incorrect.

Are you disputing that Obama could simply sign an executive order to close the prison and let the federal justice system takie care of the detainees?

[Darth Yan]

Not without getting a political shitstorm.

[Mr Bean]

Not without getting a political shitstorm.

And then what? Would they impeach him or would everyone forget about it in six weeks?

[TheHammer]

You essentially have an obstructionist congress, an issue that is extremely thorny politically, and the giant mess of what exactly to do with prisoners even if they are determined to be released. Its easy to say that they could "just be let go" if only "Obama had balls", but that would also be incorrect.

Are you disputing that Obama could simply sign an executive order to close the prison and let the federal justice system takie care of the detainees?

Well, Obama already did essentially what you propose. He signed an executive order to close Guantanamo "no later than 1 year from the date of this order." his second day in office. Apparently, there was a lot more to it than that...

And while the Thani of the world are out claiming that Obama should just throw open the doors at let everyone out, you have a Republican controlled house saying that the Obama administration is already far too liberal with regards to the release of detainees. You also have the fact that congress will at any chance they get enact poison pill provisions making it essentially impossible to do anything other than leave detainees at Guantanamo.

I disagree with you TheHammer because what politfact glosses over is the simple problem that Congress can not take any action if exist laws are used.

If the Gitmo detainees were physically moved to a Fort Leavenworth and placed into the civilian justice system there is literally nothing congress could do.

Its not nearly that clear cut. Congress can pass any law it wants, and have routinely taken steps to block transfer of prisoners to the US. Sure it could face a presidential veto, but all they have to do is make it untennable to do so, as they did with this US armed forces appropriation. Sure it may be subject to SCOTUS review and struck down as unconstitutional, but no such precedent has yet been set.

Its a complicated issue, and I certainly don't have the answer to it, but the "Well duh, its EASY if only you have balls" type posts I've seen in this thread are way fucking off base.

[Alyrium Denryle]

Not without getting a political shitstorm.

And then what? Would they impeach him or would everyone forget about it in six weeks?

Impeachment requires a crime. They would howl and caterwall, and Obama could have said:

"The American People elected me in a mandate election on a platform of closing Gitmo and restoring the rule of law to this country. I have done this. Fuck yourselves."

[General Zod]

Not without getting a political shitstorm.

And then what? Would they impeach him or would everyone forget about it in six weeks?

Impeachment requires a crime. They would howl and caterwall, and Obama could have said:

"The American People elected me in a mandate election on a platform of closing Gitmo and restoring the rule of law to this country. I have done this. Fuck yourselves."

Didn't stop them from impeaching Clinton over a blowjob.

[The Duchess of Zeon]

It will be interesting to see if he will try to close Gitmo by executive order after being reelected.