Closing GTMO Just Got Harder

Jack Goldsmith
Tuesday, December 7, 2010, 11:43 PM
Earlier this year Congress required the DNI to make publicly available unclassified summaries of information about the recidivism of released GTMO detainees as well as an assessment of such detainees’ likely future terrorist activity.  The DNI issued a report on Tuesday.  It can be found here.  Bottom line: Of the 598 detainees transferred

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Earlier this year Congress required the DNI to make publicly available unclassified summaries of information about the recidivism of released GTMO detainees as well as an assessment of such detainees’ likely future terrorist activity.  The DNI issued a report on Tuesday.  It can be found here.  Bottom line: Of the 598 detainees transferred out of DOD custody at GTMO, “81 (13.5 percent) are confirmed and 69 (11.5 percent) are suspected of reengaging in terrorist or insurgent activities after transfer.”  Moreover, “[o]f the 150 former GTMO detainees assessed as confirmed or suspected of reengaging in terrorist or insurgent activities, the Intelligence Community assesses that 13 are dead, 54 are in custody, and 83 remain at large.” One wonders: Where are the 54 in custody?

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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