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By Julie Kliegman August 2, 2013
Back to Close the Guantanamo Bay Detention Center

New developments, but congressional opposition remains

Since 2008, when Obama made this promise  to close Guantanamo Bay, it has been all over the map on our meter, from In the Works to Stalled (and back a few times) and now Promise Broken. Obama and Congress have been at an impasse for several years now.

But recent Guantanamo news has led us to re-examine this promise. In a May speech, Obama clearly emphasized his continuing desire to close the prison. He called on Congress to lift restrictions on transferring detainees to other countries and reminded the public of the 67 detainees he did already successfully transfered.

Then, the White House announced July 26 that the Defense Department notified Congress of two detainee transfers to a prison in Algeria, the first in almost a year. Three months ago, Obama lifted a moratorium that banned the transfer of prisoners to Yemen, where many of them are from.

Another indicator of Obama's attempt to make good on his promise is his creation of a Pentagon position dedicated to handling detainee transfers.

Scott Shershow, an English professor and historian studying the war on terror at the University of California, Davis, said that aside from Obama's obstacle of winning over Congress, the issue of dividing up prisoners for transfer brings a host of other problems.

"A genuine ‘closure' of Guantanamo would have to accept the possibility of letting someone out who could still be dangerous,” he said.

And a July 24 congressional subcommittee hearing on closing Guantanamo didn't make the outlook for Obama seem more promising. Republicans showed apprehension about moving prisoners to Marion, Ill. or any other U.S. location. "I would note we have had multiple instances of individuals in federal prisons engaging in terrorism,” said Sen. Ted Cruz, R-Texas.

Republican opposition to national or international detainee transfers leaves Democrats unsure of how they can proceed. Sen. Dianne Feinstein, D-Calif., who chairs the Intelligence Committee, poked at that larger issue by asking, "If there is no alternative prosecution in a federal court, they remain without charge or trial until the end of time?” There's nothing Congress can do with prisoners who can't be tried, short of setting them free.

Matthew Waxman, who chairs the Columbia Law School's national security program and has previously worked for the State and Defense departments, said for Obama to close Guantanamo is "probably impossible,” given the political barriers.

Even if Obama could close the prison before leaving office, Waxman noted that he is bound to leave his successor with a host of legal battles. Closing Guantanamo would bring up many more debates about armed conflict with al-Qaida and when the war on terror should be declared over.

It's not that Obama has given up on the issue. Far from it. But for serious Guantanamo progress, he would need some unlikely help from Congress. We'll keep our eye on the issue throughout his presidency, but for now the meter stays at Broken.

Our Sources

Email interview with University of California, Davis professor Scott Shershow, July 31, 2013

Lawfare, "Closing Guantanamo Would Still Leave Some Toughest Decisions for the Next President,” July 30, 2013

New York Times, "Obama Lifts Moratorium on Transfer of Detainees,” May 23, 2013

Peace Review, "Beyond and Before the Law at Guantanamo,” September 1, 2004

United States Senate Committee on the Judiciary, "Closing Guantanamo: The National Security, Fiscal, and Human Rights Implications,” July 24, 2013

Washington Post, "Obama Administration to Transfer Two Guantanamo Bay Detainees,” July 26, 2013

White House, "Remarks of President Barack Obama,” May 23, 2013