Where are the Guantanamo Envoys?

John Bellinger
Friday, June 14, 2013, 11:13 AM
Three weeks ago yesterday, in his NDU speech, President Obama announced:
I’m appointing a new senior envoy at the State Department and Defense Department whose sole responsibility will be to achieve the transfer of detainees to third countries.
Obviously, the President was responding to the criticism that former Guantanamo envoy and unsung hero Dan Fried (who slogged away for four years without much White House support) had taken on new duties earlier this year and had not been replaced.  But the grammar and meaning of th

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Three weeks ago yesterday, in his NDU speech, President Obama announced:
I’m appointing a new senior envoy at the State Department and Defense Department whose sole responsibility will be to achieve the transfer of detainees to third countries.
Obviously, the President was responding to the criticism that former Guantanamo envoy and unsung hero Dan Fried (who slogged away for four years without much White House support) had taken on new duties earlier this year and had not been replaced.  But the grammar and meaning of the President's statement were opaque at the time.   Did the President mean he was appointing one envoy, or two?   If two, how would they work together? But more important, where are these envoys?   The word on the street is that the White House not only had not selected the envoys at the time of the President's speech but had not even consulted the Departments of State and Defense.   Now the Administration is having difficulty filling the two positions. Although I am sure the White House will make good on the President's pledge sooner or later, it seems to me that at the time it was made the announcement was largely rhetorical and not carefully thought out. Before anyone cries hypocrisy, I would note that I (and Matt Waxman and others) worked quite hard to close Guantanamo in the second term of the Bush Administration.  At the time President Obama ordered the closure of Guantanamo, I applauded the decision, but warned that it would be harder than he thought.

John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009, as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House from 2001–2005, and as Counsel for National Security Matters in the Criminal Division of the Department of Justice from 1997–2001.

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