Executive Order 13492

Executive Order 13492, titled Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities, is an Executive Order that was signed by United States President Barack Obama on 22 January 2009, ordering the closure of the Guantanamo Bay detention camp in Cuba.[1] This was signed at the same time as Executive Order 13493, in which Obama ordered the identification of alternative venues for the detainees.[2]

Executive Order 13492
Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities
Seal of the President of the United States
Aerial image of Camp xray, January 2002
TypeExecutive order
Executive Order number13492
Signed byBarack Obama on 22 January 2009
Federal Register details
Federal Register document numberE9-1893
Summary
Ordered the closure of Guantanamo Bay detention camp

Background

The Executive Order instructed for the immediate review of the statuses of all individuals detained at the Guantanamo Bay naval base, with the intent to move them out of the facility (either by transferring them, prosecuting them, or by other "lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice"), followed by closure of detention facilities "as soon as practicable, and no later than 1 year from the date of this order".[1]

As of May 2018, the facility remains open, with 40 individuals in custody there.[3]

References

  1. ^ a b Barack Obama (2009-01-22). "Executive Order 13492 - Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities". The White House. Retrieved 2009-03-20.
  2. ^ Barack Obama (2009-01-22). "Executive Order 13493 - Review of Detention Policy Options". The White House. Retrieved 2009-03-20.
  3. ^ "U.S. Transfers First Guantánamo Detainee Under Trump, Who Vowed to Fill It". The New York Times. 2018-05-02. ISSN 0362-4331. Retrieved 2018-06-03.

External links

Ammar al-Baluchi

Ammar Al-Baluchi (Arabic: عمار البلوشي‎, ʿAmmār Al-Balūshī; also transliterated as Amar Al-Balochi, born Ali Abdul Aziz Ali) is a Pakistani citizen in U.S. custody at Guantanamo Bay detention camp.

Charges against him include "facilitating the 9/11 attackers, acting as a courier for Osama bin Laden and plotting to crash a plane packed with explosives into the U.S. consulate in Karachi."Member of the same al-Baluchi clan as Khalid Sheikh Muhammad (KSM) and Ramzi Yousef, U.S. officials state that he was a "key Lieutenant" of his uncle KSM who assisted KSM in the execution of the September 11 attacks, and that he told investigators that he had sought help in al-Qaeda's efforts to develop biological weapons to use against its enemies.He reportedly married and then divorced Aafia Siddiqui, the celebrated Pakistani militant and scientist convicted of shooting at US soldiers and incarcerated in the United States.In 2018, the United Nations called for his immediate release from arbitrary detention.

Executive Order 13493

Executive Order 13493 is an Executive Order issued by United States President Barack Obama ordering the identification of lawful alternatives to the detention of captives in the Guantanamo Bay detention camps, in Cuba.

The full title of the order is Executive Order 13493 - Review of Detention Policy Options.

In his previous order, Executive Order 13492, Obama had ordered the camps' closure within a year, but Guantanamo Bay detention camp has still yet to be closed. As of January 2017, 45 detainees remain at Guantanamo.Executive Order 13493 was a follow-up to Executive Order 13492; in it, Obama had laid out the Special Interagency Task Force. Its job was to find lawful options of places to relocate prisoners.

Executive Order 13567

Executive Order 13567 was signed by President Barack Obama on March 7, 2011. Entitled "Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force", its purpose was to establish a process for review of the cases for all detainees at Guantanamo Bay detention camp to establish whether their continued detention is "necessary to protect against a significant threat to the security of the United States", and make recommendations for transfer if not.

Executive Order 13567 followed Executive Order 13492 and Executive Order 13493, executive orders President Obama signed on January 21, 2009, the day after he assumed office. Those executive orders were intended to review which Guantanamo detainees should be released. The Guantanamo Joint Task Force those executive orders set up reviewed the detainees, and recommended that a first group of detainees should be tried, a second group of detainees should be released, and compiled a list of a third group of detainees who should neither be released or charged. Executive Order 13567 established a Periodic Review Secretariat, that would oversee Periodic Review Boards, which would perform periodic reviews of the individuals in the third group, those who were being held indefinitely, without charge.Senior Civil Service officials from six agencies sit on the Periodic Review Board: the United States Department of Defense, Homeland Security, Justice and State, and the offices of the Chairman of the Joint Chiefs of Staff and the Director of National Intelligence. Each member has a veto over any recommendation. Although Obama authorized the Secretariat to conduct periodic reviews in early 2011, the first review was not conducted until late 2013.

Under the Obama Administration, the Board examined 63 detainees, recommending 37 of those to be transferred.Of the 693 total former detainees transferred out of Guantanamo, 30% are suspected or confirmed to have reengaged in terrorist activity. Of those detainees that were transferred out under President Obama, 5.6% are confirmed and 6.8% are suspected of reengaging in terrorist activity.

FM 2-22.3 Human Intelligence Collector Operations

Army Field Manual 2 22.3, or FM 2-22.3, Human Intelligence Collector Operations, was issued by the Department of the Army on September 6, 2006. The manual gives instructions on a range of issues, such as the structure, planning and management of human intelligence operations, the debriefing of soldiers, and the analysis of known relationships and map data. The largest and most newsworthy section of the document details procedures for the screening and interrogation of prisoners of war and unlawful combatants.

Guantanamo Review Task Force

The Guantanamo Review Task Force was created by Executive Order 13492 issued by President of the United States Barack Obama on January 22, 2009, his second full day in office. United States Attorney General Eric Holder announced Matthew G. Olsen as Executive Director of the task force on February 20, 2009. The task force was charged with determining which Guantánamo detainees can be transferred (released), which can be prosecuted for crimes they may have committed, and, if neither of those is possible, recommending other lawful means for disposition of the detainees.The task force was an inter-agency task force, with the U.S. Department of Justice coordinating the efforts of officials from the U.S. Department of Defense, the U.S. Department of State, and the Department of Homeland Security. The final report was issued January 22, 2010, but not publicly released until May 28, 2010. The Washington Post reported that the "administration sat on the report in the wake of the attempted bombing of a Detroit-bound airliner on Christmas Day because there was little public or congressional appetite for further discussion of its plan to close the military detention center."Of the 240 detainees considered, the report recommended that 126 detainees should be transferred to their home country or to another country that was willing to accept them, 36 be prosecuted in either federal court or a military commission, 48 be held indefinitely under the laws of war and 30 Yemenis should be approved for transfer if security conditions in Yemen improved. As of January 2017, 41 detainees remain at Guantanamo.Congressional Representative Frank Wolf criticized the task force claiming it was subjected to political interference from the White House.

History of the United States Democratic Party

The Democratic Party is the oldest voter-based political party in the world and the oldest existing political party in the United States, tracing its heritage back to the anti-Federalists and the Jeffersonian Democratic-Republican Party of the 1790s. During the Second Party System (from 1832 to the mid-1850s) under Presidents Andrew Jackson, Martin Van Buren and James K. Polk, the Democrats usually bested the opposition Whig Party by narrow margins. Both parties worked hard to build grassroots organizations and maximize the turnout of voters, which often reached 80 percent or 90 percent of eligible voters (at this time, suffrage was granted only to white males). Both parties used patronage extensively to finance their operations, which included emerging big city political machines as well as national networks of newspapers. The party was a proponent for slave-owners across the country, urban workers and caucasian immigrants.

From 1860 to 1932 in the era of the American Civil War to the Great Depression, the opposing Republican Party, organized in the mid-1850s from the ruins of the Whig Party and some other smaller splinter groups, was dominant in presidential politics. The Democrats elected only two Presidents to four terms of office for twenty-two years, namely Grover Cleveland (in 1884 and 1892) and Woodrow Wilson (in 1912 and 1916).

Over the same period, the Democrats proved more competitive with the Republicans in Congressional politics, enjoying House of Representatives majorities (as in the 65th Congress) in 15 of the 36 Congresses elected, although only in five of these did they form the majority in the Senate. Furthermore, the Democratic Party was split between the Bourbon Democrats, representing Eastern business interests; and the agrarian elements comprising poor farmers in the South and West. The agrarian element, marching behind the slogan of free silver (i.e. in favor of inflation), captured the party in 1896 and nominated William Jennings Bryan in the 1896, 1900 and 1908 presidential elections, although he lost every time. Both Bryan and Wilson were leaders of the progressive movement in the United States (1890s–1920s).

Starting with 32nd President Franklin D. Roosevelt in 1932 during the Great Depression, the party dominated the Fifth Party System, with its progressive liberal policies and programs with the New Deal coalition to combat the emergency bank closings and the continuing financial depression since the famous Wall Street Crash of 1929 and later going into the crises leading up to World War II. The Democrats and the Democratic Party finally lost the White House and control of the executive branch of government only after Roosevelt's death in April 1945 near the end of the war and after the continuing post-war administration of Roosevelt's third Vice President Harry S. Truman, former Senator from Missouri (for 1945 to 1953, elections of 1944 and the "stunner" of 1948). A new Republican Party President was only elected later in the following decade of the early 1950s with the losses by two-time nominee, the Governor of Illinois Adlai Stevenson (grandson of the former Vice President with the same name of the 1890s) to the very popular war hero and commanding general in World War II, General Dwight D. Eisenhower (in 1952 and 1956).

With two brief interruptions since the Great Depression and World War II eras, the Democrats with unusually large majorities for over four decades, controlled the lower house of the Congress in the House of Representatives from 1930 until 1994 and the Senate for most of that same period, electing the Speaker of the House and the Representatives' majority leaders/committee chairs along with the upper house of the Senate's majority leaders and committee chairmen. Important Democratic progressive/liberal leaders included 33rd and 36th Presidents Harry S. Truman of Missouri (1945–1953) and Lyndon B. Johnson of Texas (1963–1969), respectively; and the earlier Kennedy brothers of 35th President John F. Kennedy of Massachusetts (1961–1963), Senators Robert F. Kennedy of New York and Senator Ted Kennedy of Massachusetts who carried the flag for modern American liberalism. Since the presidential election of 1976, Democrats have won five out of the last eleven presidential elections, winning in the presidential elections of 1976 (with 39th President Jimmy Carter of Georgia, 1977–1981), 1992 and 1996 (with 42nd President Bill Clinton of Arkansas, 1993–2001) and 2008 and 2012 (with 44th President Barack Obama of Illinois, 2009–2017). Democrats have also won the popular vote in 2000 and 2016, but lost the Electoral College with Al Gore and Hillary Clinton, respectively. The 1876 and 1888 elections were other two presidential elections in which Democrats won the popular vote, but lost the Electoral College (the Democrats candidates were Samuel J. Tilden and Grover Cleveland). Social scientists Theodore Caplow et al. argue that "the Democratic party, nationally, moved from left-center toward the center in the 1940s and 1950s, then moved further toward the right-center in the 1970s and 1980s".

List of Guantanamo Bay detainees cleared for release in 2009

Rear Admiral Thomas H. Copeman III, Commandant of the Guantanamo Bay detention camps, ordered the posting of the official list of Guantanamo captives cleared in 2009.

During the last years of the Presidency of George W. Bush captives had annual reviews conducted by an Office for the Administrative Review of Detained Enemy Combatants.

On January 22, 2009, two days after President Barack Obama took office, he issued Executive Orders 13491, 13492 and 13493, all of which concerned how the United States should treat its captives.The new policies superseded the older reviews, and included new, inter-agency reviews. President Obama announced plans to close the camps before January 22, 2010. According to the Associated Press and Reuters Admiral Copeman ordered the lists of captives who had been cleared for release to be posted to prevent the spread of rumors. Reuters reported the official list included 78 names. A further 17 captives have been repatriated or transferred since President Obama took office.

Lotfi Bin Ali

Lotfi Bin Ali is a Tunisian who the United States held in extrajudicial detention for over thirteen years in the Guantanamo Bay detention camps, in Cuba.

He was one of five individuals transferred to Kazakhstan in 2014.

He was extensively quoted following the death by lack of medical care of one of the other captives transferred to Kazakhstan.

In a September 2016 profile in The Guardian, he described exile in Kazakhstan as being very isolating, and, in some ways, almost as bad as Guantanamo.

Matthew G. Olsen

Matthew Glen Olsen (born February 21, 1962) is an American prosecutor and the former Director of the National Counterterrorism Center (NCTC).

Born in Fargo, North Dakota, Olsen is a graduate of the University of Virginia and Harvard Law School.

Olsen began his career as a law clerk for District Court Judge Norma Holloway Johnson, before entering private practice and working as a trial attorney for the Justice Department's Civil Rights Division in 1992.

He moved to the United States Attorney's office for the District of Columbia where he was a federal prosecutor and served as the first director of the Office's National Security Division from 2004 to 2005. In 2006 Olsen was appointed by President George W. Bush to be the Deputy Assistant Attorney General in the Justice Department's National Security Division, where he served until 2009, when he became the acting director of the Division. In 2009, he was appointed by Attorney General Eric Holder to become the Head of the Guantanamo Review Task Force, a commission set up to oversee the legal justifications of the detainees at the Guantanamo Bay detention camp. Olsen later briefly served as Associate Deputy Attorney General and as the General Counsel of the National Security Agency.

On July 1, 2011, President Barack Obama nominated Olsen to become the Director of the National Counterterrorism Center. Olsen was confirmed by the Senate on August 16, 2011. He left that post in July 2014.Olsen was once a member of the Homeland Security Advisory Council. but resigned on July 18, 2018 over immigration decisions to separate families.

Presidency of Barack Obama

The presidency of Barack Obama began at noon EST on January 20, 2009, when Barack Obama was inaugurated as the 44th President of the United States, and ended on January 20, 2017. Obama, a Democrat, took office following a decisive victory over Republican John McCain in the 2008 presidential election. Four years later, in the 2012 election, he defeated Republican Mitt Romney to win re-election. He was the first African American president, the first multiracial president, the first non-white president, and the first president to have been born in Hawaii. Obama was succeeded by Republican Donald Trump, who won the 2016 presidential election.

Obama's first-term actions addressed the global financial crisis and included a major stimulus package, a partial extension of the Bush tax cuts, legislation to reform health care, a major financial regulation reform bill, and the end of a major US military presence in Iraq. Obama also appointed Supreme Court Justices Elena Kagan and Sonia Sotomayor, the latter of whom became the first Hispanic American on the Supreme Court. Democrats controlled both houses of Congress until Republicans won a majority in the House of Representatives in the 2010 elections. Following the elections, Obama and Congressional Republicans engaged in a protracted stand-off over government spending levels and the debt ceiling. The Obama administration's policy against terrorism downplayed Bush's counterinsurgency model, expanding air strikes and making extensive use of special forces and encouraging greater reliance on host-government militaries. The Obama administration orchestrated the military operation that resulted in the death of Osama bin Laden in 2011.

In his second term, Obama took steps to combat climate change, signing a major international climate agreement and an executive order to limit carbon emissions. Obama also presided over the implementation of the Affordable Care Act and other legislation passed in his first term, and he negotiated rapprochements with Iran and Cuba. The number of American soldiers in Afghanistan fell dramatically during Obama's second term, though U.S. soldiers remained in Afghanistan throughout Obama's presidency and continue to as of 2018. Republicans took control of the Senate after the 2014 elections, and Obama continued to grapple with Congressional Republicans over government spending, immigration, judicial nominations, and other issues.

United States Court of Military Commission Review

The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review, which would sit in Washington D.C.In the event, the Review Court was not ready when it was first needed. Peter Brownback and Keith J. Allred, the officers appointed to serve as Presiding Officers in the Military Commissions that charged Omar Khadr and Salim Ahmed Hamdan dismissed the charges against the two men because the Military Commissions Act only authorized the commissions to try "unlawful enemy combatants".

Khadr and Hamdan, like 570 other Guantanamo captives had merely been confirmed to be "enemy combatants".

The Court of Military Commission Review ruled that Presiding Officers were, themselves, authorized to rule whether suspects were "illegal enemy combatant".

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