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January 14, 2009
"Return To Terrorism"
Yesterday, a Pentagon spokesman said:
"I can disclose with you the fact that we have a new -- we have updated recidivism numbers of people who have been at Guantanamo, and these are the latest numbers we have as of the end of December. And it shows a pretty substantial increase in recidivism. I think prior to this report, I think the rate had been about 7 percent of those who had been held at Guantanamo and released who have been confirmed or suspected of returning to the fight. At that time we suspected that 30 -- confirmed or suspected that 37 former detainees had returned to the fight. We now believe that that number has increased and that the overall known terrorist reengagement rate has increased to 11 percent. The new numbers are, we believe, 18 confirmed and 43 suspected of returning to the fight. So 61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight.
So there clearly, Barbara, are people who are being held at Guantanamo who are still bent on doing harm to America, Americans, and our allies. So there will have to be some solution for the likes of them, and those are among -- that is among the thorny issues that the president-elect and his new team are carefully considering."
Reuters helpfully wrote a story on this headlined "Pentagon: 61 ex-Guantanamo Detainees Return To Terrorism", and CNN headlined its piece: "Pentagon: Ex-Gitmo Detainees Resume Terror Acts". So I suppose it's no surprise that some bloggers on the right described these detainees as having "returned to their terror-waging ways", "returned to jihad", or (from the Heritage Foundation's Foundry) "returned to the battlefield to fight the United States".
The Pentagon spokesman did not say which detainees he was talking about, or what constituted "returning to the fight". However, the last time the Pentagon released figures like these, Mark Denbeaux at the Seton Hall Center for Policy and Research examined their claims (pdf). At that point, the Pentagon claimed that thirty detainees had "returned to the fight". Based on the DoD's own evidence, he concluded (p. 5) that "There appears to be a single individual who is alleged to have both been detained in Guantanamo and later killed or captured on some battlefield."
Among the people the Pentagon counted as having "returned to the fight" were the Tipton Three -- three British citizens who were thought, wrongly, to have belonged to al Qaeda. They were subsequently cleared by British intelligence (one of them was working at an electronics store in Birmingham when he was supposed to have been at an al Qaeda rally in Afghanistan), and released to the UK. Since they were not in "the fight" to begin with, they can hardly be said to have "returned" to it. But even if they had, their "return" consisted in participating in a documentary about their experiences.
The Uighurs in Afghanistan were also supposed to have also "returned to the fight". Since the DoD found that they were not enemy combatants, it is, again, hard to see how anything they did could count as "returning". What the DoD actually counted as their "return to the fight" was-- I hope you're sitting down -- the fact that one of them published an op-ed in the New York Times. Here is part of his act of war column:
"I learned my respect for American institutions the hard way. When I was growing up as a Uighur in China, there were no independent courts to review the imprisonment and oppression of people who, like me, peacefully opposed the Communists. But I learned my hardest lesson from the United States: I spent four long years behind the razor wire of its prison in Cuba.
I was locked up and mistreated for being in the wrong place at the wrong time during America's war in Afghanistan. Like hundreds of Guantanamo detainees, I was never a terrorist or a soldier. I was never even on a battlefield. Pakistani bounty hunters sold me and 17 other Uighurs to the United States military like animals for $5,000 a head. The Americans made a terrible mistake.
It was only the country's centuries-old commitment to allowing habeas corpus challenges that put that mistake right -- or began to. (...) Without my American lawyers and habeas corpus, my situation and that of the other Uighurs would still be a secret. I would be sitting in a metal cage today. Habeas corpus helped me to tell the world that Uighurs are not a threat to the United States or the West, but an ally. Habeas corpus cleared my name -- and most important, it let my family know that I was still alive.
Like my fellow Uighurs, I am a great admirer of the American legal and political systems. I have the utmost respect for the United States Congress. So I respectfully ask American lawmakers to protect habeas corpus and let justice prevail. Continuing to permit habeas rights to the detainees in Guantanamo will not set the guilty free. It will prove to the world that American democracy is safe and well."
Well, that's an act of terror if ever I saw one! I hope you weren't injured by any of the incoming shells on the battlefield to which Abu Bakker Qassim returned by writing that op-ed. Another Uighur's "return to terrorism" consisted of giving an interview. I thought of excerpting it too, but there are limits to the perils to which I am willing to expose my readers.
I'm not trying to argue that no Guantanamo detainees have ever taken up arms against the US. I imagine that some have. I do think that it's important to be clear about how many of them there are, and what the Pentagon is counting as a "return to the fight". Claims about detainees "returning to the fight" figure in arguments about whether we should release those who remain. It matters how many of them have actually taken up arms, and how many have just exercised their rights to free speech in ways our government doesn't care for.
—Hilzoy 10:44 PM
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How could President Bush let this happen?
Posted by: DevilDog on January 14, 2009 at 10:55 PM | PERMALINK
From any conceivable angle:
Worst.
Administration.
Ever.
Posted by: ed on January 14, 2009 at 11:10 PM | PERMALINK
Oh, please. They're Muslims, ain't they? Therefore, they are guilty. Exterminate the brutes!
Posted by: dr sardonicus on January 14, 2009 at 11:14 PM | PERMALINK
Some of them -- the ones who entered Gitmo as 14yr old kids and will leave it, without any charges having been brought against them -- as young men, will not *return* to the fight, but will join it for the first time. Might as well be hanged for a sheep as for a lamb...
Posted by: exlibra on January 14, 2009 at 11:18 PM | PERMALINK
So, you are a young man who is wrongfully charged with a crime, or rather held without charges and with no substantiation of a crime being committed, abused in any number of ways by ignorant Americans, and when you are finally released with no reasonable chance of finding a job or having a decent life, someone offers you the opportunity to avenge your captors and be paid and rewarded for your efforts. What would you do? Think about how you would respond to someone killing your family, detaining and abusing you, and then expecting you to just merge into the population in contrition and surrender. Unless you were some sort of Christ presence or the buddha, you would probably do what the suicide bombers are doing. Wouldn't you?
And, it doesn't matter if they are Muslim, Christian or atheist. Their instinct would drive out all reason, and they would kill.
Please tell me I'm wrong. Then, take a plane to Israel and negotiate the ceasefire.
Bless you,
st john
Posted by: st john on January 14, 2009 at 11:31 PM | PERMALINK
Hilzoy, tasty snark.
You remind me of Bob Somerby circa 99/01
As good as cal-pundit...
Posted by: disasterman on January 14, 2009 at 11:33 PM | PERMALINK
the overall known terrorist reengagement rate has increased to 11 percent.
And I don't suppose they said anything about the 89% who didn't even write an op-ed against us? These guys were the worst of the worst, right?
Posted by: tomeck on January 14, 2009 at 11:46 PM | PERMALINK
There are so many levels on which this Pentagon statement could be dismissed but the first thing that came to mind was that an additional statistic could easily have been that 'fourteen of the released have become the third in command of Al Qaeda.'
The government propaganda is at that level of absurdity.
Posted by: Amos Anan on January 14, 2009 at 11:53 PM | PERMALINK
A 1990s Department of Justice tracked the rearrest, reconviction, and reincarceration rate of former inmates three years after their release from prison in 1994. The study found that the overall rate of recidivism was about 67%, with robbers having a rate of about 70%, burglars 74%, car thieves 79%.
So it appears that, even using the Pentagon's inflated figures, that the world's most dangerous and fanatical terrorists have a recidivism rate far, far lower than that of joyriders.....
Posted by: Stefan on January 14, 2009 at 11:54 PM | PERMALINK
So there will have to be some solution for the likes of them, and those are among -- that is among the thorny issues that the president-elect and his new team are carefully considering.
Oooh, ooh, I've got a solution, pick me, pick me!!!!
Here it is: if you have evidence that they've committed a crime, charge them and try them. If you convict them, you jail them; if you don't, you let them go. If you don't have any credible evidence they've committed a crime, you let them go without even a trial.
I'll admit this is not original, and actually used to be known as "the rule of law" -- but, in these days, it's the radical DFH position.
Posted by: Stefan on January 14, 2009 at 11:58 PM | PERMALINK
I suppose it's too much to hope for that the spokesman in question, Pentagon Press Secretary Geoff Morrell, will be out of a job as of Jan. 20 . . . .
Posted by: SteveT on January 15, 2009 at 12:05 AM | PERMALINK
Here it is: if you have evidence that they've committed a crime, charge them and try them. If you convict them, you jail them; if you don't, you let them go. If you don't have any credible evidence they've committed a crime, you let them go without even a trial.
And pray tell, how does your suggestion contribute to the reelection prospects of George W. Bush, the Republican Party, or the ability to whip up the popular hysteria necessary to justify yet another invasion?
Please get with the program, Stefan. Detainees like these are a very valuable political asset not to be wasted serving the interests of blind justice.
Wait - Bush is out in six days? Oh, go ahead and do your thing, then.
Posted by: trex on January 15, 2009 at 12:10 AM | PERMALINK
When I posted about this Wednesday morning I put it this way:
If you don't want to let dangerous people go free, don't fuck up the prosecutions. If you want to put someone in jail, have a trial, present your evidence and make your case. Don't torture them to extract "information" so the sort of judge you would want judging you if you were falsely accused and signed a coerced confession throws it out.
Posted by: Blue Girl on January 15, 2009 at 12:18 AM | PERMALINK
Yes to all Stefan and Blue Girl said and the other take-away is this. The Pentagon really, really, really, really, really, really, really, really needs taking down. They are becoming a pox on American democracy. Rather than engage public opinion, they seek the route of cowardice, trying to manage public opinion with a mix of blatant lies and half-lies, PsyOps operations aimed at the domestic audience, at the citizens of other democracies. The only good thing I can say is that they are fucking awful at it (though unfortunately not awful enough - they can still deceive much of the American public).
Posted by: snicker-snack on January 15, 2009 at 1:06 AM | PERMALINK
Considering the possibility that many released were never really "in the fight" to begin with. After their time and treatment at Gitmo, would it really be so hard to understand why they might want to join in the fight after release? I would hardly equate that with recidivism.
Posted by: sparrow on January 15, 2009 at 1:10 AM | PERMALINK
The Khmer Rouge had a solution to this issue: kill everyone after you torture them. That may seem unpalatable, but maybe we could avoid that solution by not torturing in the first place. That said, the supposed 'recidivism' rate is surprisingly low. These detainees seem to have a much higher moral character than a typical American criminal. If these guys are really the worst of the worst, then Islam clearly is a superior religion. More likely, these detainees are mostly just unlucky people with no connection to any nefarious activity. That is one of the problems with offering money to turn people in. Think about it from an Afghan farmer's perspective: "What, you'll give me twenty years' wages to turn in my asshole neighbor whose goats keep crapping on my yard? You got a deal!"
Posted by: fostert on January 15, 2009 at 2:35 AM | PERMALINK
Hard to imagine that after being tortured at Gitmo and released that anyone would actually be supportive of the US. If they didn't hate us or want to attack us before being tortured...they probably do now. BTW...we didn't let people go we proved to be guilty in the first place so how could there be a "return" to the battlefield?
Posted by: bjobotts on January 15, 2009 at 3:05 AM | PERMALINK
The whole idea of a war on terror is very stupid. Terrorist groups around the world (including our own brave freedom fighters from the days of the revolution) have almost always had local political aims, and this list includes Hamas, Hezbullah, the rebels in Afghanistan and Iraq, and on and on. If there is a group on whom we could conceivably declare war, it might be al Qaeda, though in my view, the term war is over the top even for Bin Laden. Law enforcement would be more like it.
Posted by: rbe1 on January 15, 2009 at 5:36 AM | PERMALINK
The whole idea of a war on terror is very stupid.
Oddly enough, the British Foreign Secretary arrived at this conclusion only yesterday.
Now if his predecessors had done so five and a half years ago...
Posted by: chris y on January 15, 2009 at 6:10 AM | PERMALINK
can you really trust the Pentagon, that eats up over half the US budget, to be fully-fact checked against their own interests?
Posted by: 5MoreDays on January 15, 2009 at 8:47 AM | PERMALINK
Come to think of it, what does the Pentagon mean "returning" to the fight? None of these men have ever been convicted of being in the fight. They've been suspected of it, sure, on the flimsiest of evidence, but they've never been convicted and, since they were released, there couldn't have been that much credible evidence against them in the first place.
Posted by: Stefan on January 15, 2009 at 9:16 AM | PERMALINK
Blackstone's formulation: Better that ten guilty persons escape than that one innocent suffer.
How we doing on that, Mr. Pentagon?
Posted by: josef on January 15, 2009 at 9:27 AM | PERMALINK
Sadly, this is another example of Obama failing to live up to the hype. Gates should have been dismissed and replaced with someone who has a clue. This is Rumsfeld all over again. And how can we ever restore the rule of law to this country if there are no prosecutions of the Dumbya administration?
Posted by: terry on January 15, 2009 at 9:47 AM | PERMALINK
First of all Terry your an idiot. I don't how many times I have to say this but Obama isn't president yet. Save your critique for when the guy is in office and has actually done or not done something.
How many americans after being held without trial for years would passively sit back if they were released from Guantanamo?
Posted by: Gandalf on January 15, 2009 at 10:10 AM | PERMALINK
Hey Gandalf you are entitled to your opinion, but our president elect has decided to keep Gates on as Secretary of Defense at least for the forseeable future. The Pentagon answers to Gates and it appears that Gates will do nothing to stop the sort of mindless propaganda that is the subject of this thread. I am not sure why you think I am an idiot to suggest that Obama's decision to keep Gates has more to do with sucking up to the hard right than a reality based determination that he is the proper person for the position--or are you suggesting that the propaganda being put out by the Pentagon serves a useful purpose? Second, Obama has gone on record as wanting to leave the past in the past when it comes to holding Dumbya administration personnel accountable for their violations of law. Obviously, Obama rationalizes this by wanting to be a "uniter" not a divider (where have we heard that before?) and not wanting the distractions of prolonged investigations and prosecutions when there are very serious issues to address. The problem with this rationale is that if there is no accountability for breaking the law than we have no law. Whether Obama adheres to the law or not there will be others in the future who will not. Either you restore the Constitution or we may as well consider it a dead document. If you find that view idiotic, then I think you are pathetic. I also think Obama's economic proposals reflect more politics than economics or basic fairness, but that is not the topic of this thread.
Posted by: terry on January 15, 2009 at 10:59 AM | PERMALINK
Well Terry, your opinion and four bucks will get you a cuppa coffee at Starbucks, as will mine. And it is my opinion that Gandalf is right and you are an idiot.
Posted by: Blue Girl on January 15, 2009 at 11:21 AM | PERMALINK
I'm inclined to agree with Glenn Greenwald on this one. Unwavering support for Obama will only ensure that we give him no political reason to do the things we want him to do.
If your main goal for the Obama presidency is merely to support it, then support away. If your main goal is to see that certain policies are enacted or changed, then hold Obama's feet to the fire until it happens.
Posted by: TG Chicago on January 15, 2009 at 11:40 AM | PERMALINK
If we know these people are "returning to the fight" doesn't that presume they've been followed and watched?
If so, the released detainees have effectively helped US authorities find out more about terrorist organizations and, hopefully, how to police them.
I'm not saying this is right or good, but it seems to be a point not being made anywhere.
Posted by: jeffreyleonard on January 15, 2009 at 12:44 PM | PERMALINK
I don't think PE Obama is entitled to unwavering support, but I do think he's entitled to some benefit of the doubt. Pretty much since the election season started he's made decisions that I've thought retarded or weak at the time that turned out to be correct because he plays a much deeper game than most of his critics.
Consequently I now find myself thinking twice when tempted to rant about the latest stupid thing he's done. Chances are good that I'm the one who'll end up looking stupid.
Posted by: Catsy on January 15, 2009 at 2:01 PM | PERMALINK
How about this- let's count how many people have been KILLED by detainees returning to the fight.
Since the left is concerned about detainee rights, why don't we try and do something about an AMERICAN WOMAN held in an ITALIAN jail for two years RIGHT NOW without charges being filed against her. She is suspected of murder and guilty until proven innocent. That's the rule of law over there-
What? Silence? Thought so...
Posted by: Amanda Knox on January 19, 2009 at 11:08 AM | PERMALINK
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