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i 

94–095 2015

[H.A.S.C. No. 114–8] 

UPDATE ON DETAINEE TRANSFERS 

FROM GUANTANAMO 

HEARING 

BEFORE THE

SUBCOMMITTEE ON OVERSIGHT 

AND INVESTIGATIONS 

OF THE

COMMITTEE ON ARMED SERVICES 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED FOURTEENTH CONGRESS 

FIRST SESSION 

HEARING HELD 

FEBRUARY 12, 2015 
(II) 

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS 

VICKY HARTZLER, Missouri, Chairwoman 

JEFF MILLER, Florida 

K. MICHAEL CONAWAY, Texas 

JOSEPH J. HECK, Nevada 

AUSTIN SCOTT, Georgia 

MARTHA MCSALLY, Arizona 

JACKIE SPEIER, California 

JIM COOPER, Tennessee 

HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia 

GWEN GRAHAM, Florida 

CHRISTOPHER BRIGHT, Professional Staff Member 

MICHAEL AMATO, Professional Staff Member 

ABIGAIL GAGE, Clerk 
(III) 

C O N T E N T S 

Page 

STATEMENTS PRESENTED BY MEMBERS OF CONGRESS 

Hartzler, Hon. Vicky, a Representative from Missouri, Chairwoman, Subcommittee on Oversight and Investigations ...................................................... 1 

Smith, Hon. Adam, a Representative from Washington, Ranking Member, 

Committee on Armed Services ............................................................................ 6 

Speier, Hon. Jackie, a Representative from California, Ranking Member, Subcommittee on Oversight and Investigations ...................................................... 4 

Thornberry, Hon. William M. ‘‘Mac,’’ a Representative from Texas, Chairman, 

Committee on Armed Services ............................................................................ 5 

WITNESSES 

Lewis, Paul M., Special Envoy for Guantanamo Detention Closure, U.S. Department of Defense ............................................................................................. 8 

Trumbull, Charles, Acting Special Envoy for Guantanamo Closure, U.S. Department of State ................................................................................................. 11 

APPENDIX 

PREPARED STATEMENTS: 

Lewis, Paul M. .................................................................................................. 19 

Trumbull, Charles ............................................................................................ 33 

DOCUMENTS SUBMITTED FOR THE RECORD: 

Letter from 42 retired U.S. military officers advocating closure of the 

Guantanamo Bay detention facility ............................................................. 41 

WITNESS RESPONSES TO QUESTIONS ASKED DURING THE HEARING: 

[There were no Questions submitted during the hearing.] 

QUESTIONS SUBMITTED BY MEMBERS POST HEARING: 

[There were no Questions submitted post hearing.] 

(1) 

UPDATE ON DETAINEE TRANSFERS FROM 

GUANTANAMO 

HOUSE OF REPRESENTATIVES, COMMITTEE ON ARMED SERVICES, SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, Washington, DC, Thursday, February 12, 2015. 

The subcommittee met, pursuant to call, at 3:05 p.m., in Room 

2212, Rayburn House Office Building, Hon. Vicky Hartzler (chairwoman of the subcommittee) presiding. 

OPENING STATEMENT OF HON. VICKY HARTZLER, A REPRESENTATIVE FROM MISSOURI, CHAIRWOMAN, SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS 

Mrs. HARTZLER. Welcome. I am delighted to gavel in this first 

hearing and briefing of the Oversight and Investigations Subcommittee. Today’s event is entitled ‘‘Update on Detainee Transfers 

from Guantanamo.’’ 

Before we proceed with the hearing, I would like to emphasize 

how honored I am to serve as Oversight and Investigations Subcommittee chairwoman in this Congress. 

This subcommittee undertakes important work for the Committee on Armed Services. It strives to ensure that the policies and 

programs of the Department of Defense [DOD] are properly formulated and implemented in the most efficient manner. Previous Congresses have recognized the critical role of standalone oversight 

and investigations. In fact, it is essential I recognize a former 

HASC [House Armed Services Committee] chairman and my predecessor, the late Ike Skelton, who insisted on establishing this subcommittee when he became chairman of the Armed Services Committee during the 110th Congress. 

I am also pleased to acknowledge that Chairman Joe Heck, who 

preceded me in this position last year, returns to the subcommittee 

as a sitting member; and I look forward to his continued involvement and insights. 

And I also look forward to working with Ranking Member Speier 

as well as Chairman Thornberry, Ranking Member Smith, and all 

members of the subcommittee in the 114th Congress. 

So before continuing with my opening remarks for the hearing, 

I would like to recognize my colleague and ranking member of the 

subcommittee, Ms. Jackie Speier, for any welcoming remarks that 

she may wish to offer. 

Ms. SPEIER. Thank you, Madam Chairwoman. 

And I too am privileged to serve with you as ranking member of 

this committee. I really think that there is no higher calling for all 

of us as Members of Congress than to do rigorous investigations 
2 

and oversight. And I look forward to working with you, and recognizing that together in a bipartisan fashion we can address very 

thorny issues that come before us and hopefully come up with constructive solutions. 

I yield back. 

Mrs. HARTZLER. Thank you. 

So as we turn to the subject matter at hand, I would like to state 

up front that we will not tolerate any disturbances of these proceedings, including verbal disruptions, standing, or holding of 

signs. I appreciate your cooperation in this matter. 

So, this afternoon we have two senior officials appointed by the 

Obama administration charged with the responsibility to oversee 

the closure of Guantanamo Bay detention facility. Our witnesses 

will provide testimony on their roles and the interagency process 

for transferring detainees from the detention facility to other countries. We will then adjourn to a classified setting, where we will be 

joined by an official from the Defense Intelligence Agency [DIA], in 

addition to our two witnesses, who will elaborate further on the 

interagency transfer process. 

In light of the statements we are about to receive from the witnesses and the type of details which are primarily classified, I ask 

unanimous consent that members hold all questions for the witnesses until the classified briefing. 

Hearing no objection, so ordered. 

According to information from Joint Task Force Guantanamo, the 

military organization that operates the detention facility, their responsibility is to detain unprivileged enemy belligerents. The Joint 

Task Force material explains that the detention of unprivileged 

enemy belligerents in wartime is, ‘‘a matter of security and military 

necessity, and has long been recognized as legitimate under international law.’’ 

The Joint Task Force further notes that detainees provide the 

United States with important intelligence that helps prevent future 

attacks. General James Mattis, a retired commander of U.S. Central Command, echoed this in testimony on January 27 to the Senate Armed Services Committee. He called for consistency in our detention policy, and argued for the need to hold belligerents until 

the end of the fighting so they cannot harm others. 

Despite the dedication of the men and women who created and 

operate GTMO [Guantanamo] today, any real or imagined misstep 

or procedural lapse from a decade ago has been sensationalized by 

our terrorist enemies. We must not allow them to succeed in inventing a narrative about GTMO and using this narrative to lead 

to GTMO’s abolition. 

Let me be clear, terrorists bombed the USS Cole before the detention center at Guantanamo existed. Terrorists hijacked three 

airplanes and wrought havoc in the United States on September 

11, 2001, before GTMO was created. 

The Taliban established their brutal regime in Afghanistan before GTMO was built. Indeed, it was because of the death and destruction caused by these terrorists that GTMO came into being. 

The crazed fanatics who comprise the Islamic State do not exist because of GTMO. Certainly it is not true that if the facility ceased 
3 

to exist these brutal murderers would renounce their violent ideology. 

It is wrong to suggest that because the Islamic State dresses 

their victims in orange jumpsuits the United States bears even an 

incidental responsibility for the Islamic State’s barbaric actions. It 

is also wrong to use this as a justification to shutter GTMO. Indeed, recent events should suggest greater, not lesser, caution in 

moving detainees out of GTMO. 

Yet, based on information provided by the Department of Defense, 33 detainees have been transferred from Guantanamo in the 

past 11 months, including 15 transfers just this past December 

alone. What is also shocking is that of the 33 transferred in the 

past 11 months, 7 of these detainees were among 48 recommended 

for continued detention by the Obama administration. Five of those 

seven detainees were the senior-most Taliban leaders sent to Qatar 

in May 2014. 

Recent news reports have suggested that the intelligence community believes one of these individuals may have returned to the 

fight. In our classified session we are going to receive a briefing on 

the Taliban Five and learn what the United States Government 

currently assesses about them. 

Two other detainees recommended for continued detention by the 

administration were transferred to Kuwait and Saudi Arabia in recent months. I expect to learn more about the process that resulted 

in the transfer of the seven GTMO detainees that the President’s 

own advisers recommended remain behind bars. Because the administration has often ignored recommendations yielded internally 

from the system it established, it seems hypocritical to malign legislation that seeks to improve and make more sound the transfer, 

recommendation process. 

Furthermore, of those 15 detainees transferred in December, 4 

were sent to Afghanistan, where of course a war still rages and 

U.S. forces are deployed, despite the administration’s claim that 

combat operations have ceased. 

Six other detainees were sent to Uruguay, where according to 

press reports, the Uruguayan defense minister described them as 

‘‘totally free men who will not be restricted in any way.’’ I look forward to today to learning if there is any basis for these reports, 

which if true, are deeply disturbing. 

The remaining 26 of the 33 detainees transferred over the past 

11 months were deemed to be transferrable by the Presidential 

task force. But the task force noted nonetheless that a decision to 

approve a detainee for transfer does not equate to a judgment that 

the government lacked authority to hold the detainee. Even with 

the stated authority, the detainees were sent out of GTMO. 

I am also eager to learn about the transfer arrangements for the 

detainees that fell into this category. This subcommittee, like the 

full Committee on Armed Services, will continue to vigorously oversee these and related issues. 

I look forward to the opportunity to mark up the legislation sponsored by Representative Walorski and cosponsored by Representative Scott. 

I now turn to the ranking member for her opening remarks for 

today’s hearing. 
4 

STATEMENT OF HON. JACKIE SPEIER, A REPRESENTATIVE 

FROM CALIFORNIA, RANKING MEMBER, SUBCOMMITTEE ON 

OVERSIGHT AND INVESTIGATIONS 

Ms. SPEIER. Thank you, Madam Chair. 

Thank you for addressing this important topic. I also wish to 

thank our witnesses for appearing here this afternoon and for sharing with us their insights and their expertise. 

Madam Chairwoman, it is long past time for the United States 

Government to close the detention facility at Guantanamo Bay. Its 

continuing operation damages national security by justifying abhorrent extremist behavior, by undermining relationships with allies 

and partners around the globe, and by wasting valuable national 

resources that could be put to productive use. 

Whether we like it or not, the detention facility at Guantanamo 

Bay is an injurious symbol. Whether a fair representation or not, 

to many in the world Guantanamo symbolizes a manifestation of 

lawless abuse. It is an emblem that fuels twisted ideological propaganda, and it is an effective tool in the corruption and recruitment 

of individuals by organizations that exist to do innocent people 

grave harm. 

Al Qaeda in its various forms has long been considered Guantanamo a useful totem. But we would need to look no further than 

the recent atrocities that have been brutally committed and luridly 

disseminated by the so-called Islamic State for proof of Guantanamo’s enduring liability. 

The Islamic State has purposely utilized imagery that evokes 

common conceptions of Guantanamo, such as cages and captives 

garbed in orange jumpsuits, in an effort to make its jihadist message resonate among those susceptible individuals who might be 

outraged by such references and persuaded to convert their anger 

into violence. 

Even Al Qaeda’s own English-language magazine, Inspire, uses 

those detained at Guantanamo as a rallying cry. Madam Chairwoman, for these reasons we need to treat the closure of the detention facility at Guantanamo as a national security imperative. The 

breadth and depth of opposition to Guantanamo cannot be overstated. 

President Barack Obama and President George W. Bush, Secretary Hagel, Secretary Panetta, Secretary Gates, Generals 

Dempsey and Petraeus, and Admiral Mullen, all similarly support 

the cessation of detention operations at Guantanamo. These are 

seasoned leaders, and we should respect their views, which are 

based on extensive experience in weighing and balancing competing national security risk. 

I also have here a letter, Madam Chair, written to Senators 

McCain and Reid by 42 retired flag and generals in the U.S. military. And I just want to read one or two sentences from their letter: 

‘‘It is hard to overstate how damaging the continued existence of 

the detention facility at Guantanamo has been and continues to be. 

It is a critical national security issue. Many of us have been told 

on repeated occasions by our friends in countries around the world 

that the greatest single action the United States can take to fight 

terrorism is to close Guantanamo.’’ 

I would like to have this submitted for the record. 
5 

Mrs. HARTZLER. Hearing no objection, so ordered. 

[The information referred to can be found in the Appendix on 

page 41.] 

Ms. SPEIER. Responsibly managed transfers of select individuals 

from Guantanamo into the custody of foreign countries constitutes 

the necessary first steps towards closing the detention center there 

and to embracing a more pragmatic detention policy which 

strengthens national security and upholds American values. 

As it stands, only 122 detainees remain under lock and key at 

Guantanamo, and 54 of those individuals are currently deemed eligible for transfer to another country because they have been put 

through a rigorous interagency review process, and it has been determined that the risk of their returning to the fight can be mitigated. 

We need to put more confidence in this process. Although one 

may never be complete in eliminating the risk that a transferred 

individual will reengage, the risk can be managed. In fact, the reengagement figures associated with the review process are down 

dramatically. According to the intelligence community, of the 88 

transfers that occurred after January 2009, 6.8 percent of the 

transferred individuals are confirmed to have reengaged, and 1 is 

suspected of having reengaged. 

Contrast those figures with the 19 percent confirmed and 14.3 

percent suspected of reengagement among the 532 transfers that 

took place prior to 2009 that are over 30 percent. To me, the risk 

of reengagement is outweighed by the risk that Guantanamo’s stigma will foment violent activities perpetrated by extremist individuals and organizations. 

Congress needs to help the President develop a more rational detention policy that bolsters national security and that is true to our 

values. The detention facility at Guantanamo is an obstacle that 

needs to be surmounted. We need to accelerate the process of responsibly transferring the detainees that we can off the island. 

Thank you again, Madam Chairwoman. Although the detainee 

transfer issue is one that has proven divisive and one that will continue to spark vigorous debate, it is an issue on which we must 

stay informed and in which should facilitate progress. 

I look forward to a very frank and purposeful discussion in closed 

session, and I yield back the balance of my time. 

Mrs. HARTZLER. Sure. Thank you. 

We are honored to have with us the full committee chairman. So 

welcome, Chairman Thornberry. 

And do you have any opening remarks that you would like to 

make? 

STATEMENT OF HON. WILLIAM M. ‘‘MAC’’ THORNBERRY, A 

REPRESENTATIVE FROM TEXAS, CHAIRMAN, COMMITTEE 

ON ARMED SERVICES 

The CHAIRMAN. Thank you, Madam Chair. 

I just say I appreciate you and the ranking member having this 

hearing. I completely agree with the statement that rigorous oversight is a key component of what Congress and this committee 

needs to do and I would add fair—rigorous and fair oversight needs 
6 

to be a part of what we—a big part. And I think this subcommittee 

is going to have its plate full. 

On the subject of today’s hearing, I just say I recognize there are 

differences of opinion about Guantanamo. I would caution members 

not to fall too easily for the propaganda of the terrorist organizations. I believe they will look for an excuse to justify their behavior, 

whether it is Guantanamo, whether it is the Israeli-Palestinian 

conflict, or anything else that they can get some traction on. 

While there are differences on Guantanamo, I hope there are no 

differences on the point that we do not want to see additional prisoners released who return to the battlefield to threaten Americans 

here or abroad. And I note I saw a press article just this morning 

that a gentleman who was released from Guantanamo back in 2007 

or so was recently killed in I believe Afghanistan as a key 

facilitator for ISIS [Islamic State of Iraq and Syria], even in Afghanistan. 

So while we have differences that relate to these issues, I hope 

that we can ensure that there are no further releases that pose 

dangers to us and our troops. 

And with that, I thank you and yield back. 

Mrs. HARTZLER. Thank you, Mr. Chairman. 

Also joining us today is the ranking member of the full committee, Ranking Member Smith. Do you have any comments you 

would like to make? 

STATEMENT OF HON. ADAM SMITH, A REPRESENTATIVE FROM 

WASHINGTON, RANKING MEMBER, COMMITTEE ON ARMED 

SERVICES 

Mr. SMITH. Thank you, Madam Chair. 

Yes, just quickly, I think it is a very important issue, I think it 

is very appropriate to have the hearing on it. I think, you know, 

part of the issue with closing Guantanamo is—and I agree with the 

chairman actually, I think that ISIS and Al Qaeda will come up 

with whatever excuse they want to come up with. 

But the other issue that we have to deal with Guantanamo is not 

just what ISIS or Al Qaeda thinks of it, but what some of our allies 

think of it. You know, critical to our ability to round up some terrorists throughout the world has been our close working relationship with a lot of our European allies and others, all of whom continue to be troubled by the presence of Guantanamo. So, you know, 

will they cooperate with us if they think the possibility of that cooperation will lead to an inmate being sent to Guantanamo? Maybe 

yes, maybe no, but I think that that is a problem. And is still an 

eyesore that goes beyond our enemies who, as the chairman correctly points out, will find any number of different reasons to strike 

out at us. 

And I will also agree that we need a vigorous oversight. We need 

to, you know, make sure, you know, of who is really eligible for release and who isn’t, but I think the track record that Ms. Speier, 

you know, outlined shows that we have learned the lessons from 

the pre-2009 days, and we are doing a much, much better job of 

keeping careful track of who can be released and who can’t be released, and that has been reflected in the statistics. There is never 
7 

a 100 percent guarantee, but the track record has definitely improved. 

And lastly, I would say that, you know, in order to close Guantanamo, you don’t have to release all of the prisoners. That has never 

been the position, or my position anyway, in terms of what we 

should do in terms of closing Guantanamo. It is just that the presence of the prison continues to be an international eyesore, as I 

mentioned, to our allies much more importantly than to our enemies. 

And second, we have the capability in the United States of America to house some of the most dangerous people in the world. We 

have well over 300 terrorists that are in U.S. Federal prisons. It 

has always been, you know, just a total straw man, bogus argument that has been set up, we can’t bring these people here because they are dangerous. Well regrettably, every society has to figure out a rational way and a safe way to deal with very dangerous 

people. And if we as a society here in the United States cannot 

safely hold dangerous people, then we are in a heck of a lot of trouble, whether Guantanamo exists or not. Whatever the population 

is, and I think the population is down to what—Mr. Lewis, sorry, 

it’s about 122? 

Mr. LEWIS. 122. 

Mr. SMITH. So, you know, whatever percent of that population, 

and I again forget the numbers, but I think it is about half of that 

I think that have been deemed unreleaseable for the time being or 

that we don’t want to release them, there is no reason on Earth 

that they can’t be safely housed here in the U.S., as we already 

have with hundreds of terrorists. So we can get rid of an international eyesore, adequately protect ourselves, and I think move 

forward in a positive direction. 

And let us not forget that I don’t think in the history of the world 

there has been a more expensive prison than Guantanamo. I am 

going to get the number off here again, but it is somewhere—well, 

let’s let Jackie give it—Jackie gives me all the numbers, she has 

got the sheet in front of her. It is like $3 million per inmate per 

year to hold them in Guantanamo, as compared with somewhere in 

the neighborhood of $75,000 to $80,000 a year for maximum security here in the U.S. It simply doesn’t make policy sense to keep 

Guantanamo open. 

Part of that policy is sensibly figuring out who can be released 

and who can’t be. But the other part of that policy is closing the 

prison and safely holding those who we need to continue to hold 

here in the United States. 

And with that, I thank the chairwoman for her indulgence, her 

time and the hearing, and yield back. 

Mrs. HARTZLER. Thank you very much, Mr. Smith. 

So I would now like to introduce our hearing witnesses, Paul 

Lewis was appointed in December 2013 by Secretary of Defense 

Chuck Hagel to be the Department of Defense special envoy for 

closing the detention facility at Guantanamo Bay, Cuba. Special 

Envoy Lewis received his undergraduate degree in history from the 

University of Notre Dame. After graduation from Notre Dame Law 

School, he served in a variety of positions, including as a judge advocate in the United States Marine Corps. 
8 

Before assuming his current responsibilities, Mr. Lewis held 

other positions in the Department of Defense and in the House of 

Representatives. And most significantly, prior to assuming his current position he served in general counsel role for this committee. 

His responsibilities included in particular the activities of this subcommittee. 

Mr. Lewis, welcome back to the Armed Services Committee. 

Charles Trumbull is the acting special envoy for Guantanamo 

closure at the Department of State, after having served as the deputy special envoy since 2013. His prior assignments include working in the office of the legal advisor at the Department of State, 

where he focused on both international humanitarian law and 

international human rights law. Mr. Trumbull received his undergraduate degree from Dartmouth College and his law degree from 

Vanderbilt law school. 

So welcome Mr. Trumbull. 

So, we will now turn to Mr. Lewis for your opening statement. 

STATEMENT OF PAUL M. LEWIS, SPECIAL ENVOY FOR GUANTANAMO DETENTION CLOSURE, U.S. DEPARTMENT OF DEFENSE 

Mr. LEWIS. Thank you, ma’am. 

Madam Chairwoman, Chairman Thornberry, Ranking Member 

Speier, distinguished members of the subcommittee and committee, 

and former colleagues on your dedicated staff. Thank you for the 

opportunity to testify today on past and prospective transfers from 

the detention center at Guantanamo Bay, Cuba. I am pleased to be 

joined by my colleague from the Department of State, Charlie 

Trumbull. 

I understand the members of the subcommittee will be participating in an oversight visit to the detention facility later this 

month, and I hope to join you on that visit. When you visit Guantanamo Bay you will see dedicated and professional service members 

who perform superbly under challenging and difficult conditions. 

I would like to briefly summarize my written statement. On January 22, 2009, President Obama signed Executive Order 13492, 

which ordered the closure of the detention facilities at GTMO. Pursuant to this order, a special task force, the ‘‘EOTF task force,’’ was 

established to comprehensively review information in the possession of the U.S. Government about the detainees and to assess appropriate disposition options. 

Since then, pursuant to another Executive order signed by the 

President in 2011, and consistent with section 1023 of the NDAA 

[National Defense Authorization Act] for fiscal year 2012, a Periodic Review Board [PRB] has begun to review the status of those 

detainees not currently eligible for transfer and for whom there are 

no charges pending and no judgment of conviction has been entered. 

As noted, there are 122 detainees remaining at the detention facility. Of these, 54 are eligible for transfer, 10 are being prosecuted 

or have been sentenced, and 58 are in the process of being reviewed by the PRB. 

Secretary of Defense Hagel, as noted, has approved the transfer 

of 44 detainees during his term as Secretary: 11 in 2013, 28 last 
9 

year, and 5 this year. The great majority of these transfers occurred in accordance with the authorities in section 1035 of the fiscal year 2014 NDAA. I urge you to maintain those authorities. 

Madam Chairwoman and members of the subcommittee, at the 

outset I want to make one fundamental point about the detention 

facility at Guantanamo Bay, which has been mentioned by several 

of you. The President has determined that closing this facility is a 

national security imperative. The President and his national security team have concluded that the continued operation of the facility weakens our national security by draining resources, damaging 

our relationships with key allies, and emboldening violent extremists. 

I believe it is no coincidence that the ISIL [Islamic State of Iraq 

and the Levant] videos displaying barbaric and savage executions 

of American hostages, and most recently of a Jordanian pilot and 

a Japanese hostage, each showed the victim clothed in an orange 

jumpsuit, believed by many to be the symbol of the United States 

Government’s operation of the Guantanamo detention facility. ISIL 

and other terrorist groups exploit Guantanamo to enhance their 

propaganda and recruiting. 

As noted, 42 military leaders, all retired general officers and flag 

officers, have addressed this issue. As stated, they said, ‘‘It’s hard 

to overstate how damaging the continued existence of the detention 

facility at Guantanamo has been and continues to be. It is a critical 

national security issue’’, as mentioned by the ranking member. And 

as she emphasized, the letter continued, ‘‘Many of us have been 

told on repeated occasions by our friends in countries around the 

world that the greatest single action the United States can do to 

fight terrorism is to close Guantanamo.’’ 

This letter was signed by General Charles C. Krulak, a retired 

Commandant of the United States Marine Corps; Major General 

Michael Lehnert, the first commanding general of the detention 

task force at GTMO; General Joseph Hoar, the former head of 

CENTCOM [U.S. Central Command]; General David M. Maddox, 

the former head of the United States Army in Europe; and 36 other 

retired senior military leaders. 

Many other senior military leaders acknowledge the need to close 

the detention facility at GTMO as well. As noted, Admiral Michael 

Mullen and General Martin Dempsey, the current and former 

chairman of the Joint Chiefs of Staff, support GTMO closure. 

In 2010, General David Petraeus, who was then the commander 

of CENTCOM, stated, ‘‘I’ve been on the record that for well over 

a year saying that GTMO should be closed . . . And I think that 

whenever we have perhaps taken expedient measures, they have 

turned around and bitten us . . . Abu Ghraib and other situations 

like that are non-biodegradables. They don’t go away. The enemy 

continues to beat you with them like a stick.’’ 

In addition to the military, senior figures across the political 

spectrum have made clear that Guantanamo poses profound risks 

to our national security and should be closed. As indicated to you, 

former Secretaries of Defense Robert Gates and Leon Panetta, and 

the current Secretary of Defense Chuck Hagel, all support GTMO 

closure. And finally, as indicated, President George W. Bush him-
10 

self concluded that Guantanamo detention facility is ‘‘a propaganda 

tool for our enemies and a distraction for our allies.’’ 

As noted, we have had 28 detainees transfer in 2014, 5 of them 

transferred this year. These detainees were transferred to 11 different countries. These recent transfers included repatriations to 

Algeria, Kuwait, Saudi Arabia, and Afghanistan. And the recent 

transfers also included resettlements to Qatar, Slovakia, Georgia, 

Uruguay, Kazakhstan, Estonia, and Oman. I look forward to discussing the details of each of these transfers and potential additional transfers in the closed briefing. 

Overall, 22 nations have taken detainees from GTMO who are 

not from that country. This broad support in the international community is also demonstrated by the numerous international organizations calling for closure, including the Organization for American 

States, and most recently the Vatican. 

As with our military leaders, foreign leaders regularly cite the 

Guantanamo detention center as an obstacle to counterterrorism 

efforts. For example, a high-ranking security official from one of 

our staunchest allies in counterterrorism told Charlie’s predecessor, 

Cliff Sloan, ‘‘the greatest single action the United States can do to 

fight terrorism is to close Guantanamo.’’ 

I will talk briefly about the transfer process. My written statement discusses this process, security assurances, which include 

travel restrictions, monitoring, information sharing, and reintegration and rehabilitation programs, all important factors in mitigating the risks in detail. But in summary, we try to do three 

things. 

We assess the risks and balance the risks. Transfers are not risk 

free, but neither is continued detention. Second, we evaluate all 

sorts of information in making these decisions. All sorts of information. And three, we tailor agreements and conditions to mitigate 

the threat, and we follow up. As indicated, we take the responsibility of reengagement very seriously. Secretary Hagel has testified 

forcefully before the full committee on this. 

Briefly, the ODNI [Office of the Director of National Intelligence] 

recognizes these figures in three ways: total; pre-January 22, 2009; 

and post-January 22 of 2009. I will summarize the current public 

reporting. For the total figures there are 17.3 percent confirmed 

and 12.4 percent suspected, for a total of 29 percent confirmed or 

suspected of reengagement. 

Prior to January 22, 2009, 19 percent confirmed, 14.3 percent 

suspected, for a total of 33 percent. And post-January 22, 2009, 6.8 

percent confirmed and 1.1 percent suspected, for a total of 7.9 percent confirmed or suspected. In other words, as noted, the rate of 

reengagement has been much lower for those transferred since 

2009. 

Of the detainees transferred under this administration, over 90 

percent are neither confirmed nor suspected of having reengaged. 

And I want to emphasize one additional key point about this reengagement data. Of the 107 confirmed of reengaging, the vast majority of them transferred prior to 2009, 48 are either dead or in 

custody. 

Detainees transferred from GTMO by no means receive a free 

pass to reengage. Their activities are closely watched, and we are 
11 

committed to using all lawful tools, if necessary, to mitigate the 

threat such detainees may pose if they do reengage. 

Finally, our plan to close the Guantanamo detention facility has 

three main elements. First, we will continue the process of responsibly transferring the 54 detainees eligible for transfer. Second, we 

will continue the prosecution of detainees in military commissions, 

and if possible, in Federal courts. And third, we will continue to expedite the PRB process. 

When we have concluded all these three lines of effort, it is likely 

that there will be a limited number of detainees who cannot be 

prosecuted, but as noted, are too dangerous to transfer even with 

the security assurances. They will remain in our custody, and we 

will work with Congress on options for those detainees. 

In conclusion, President Bush worked toward closing GTMO and 

many officials in his administration worked hard towards that objective. The President and his national security experts of this administration also believe it should be closed. The senior military 

leaders of the country and the leaders of the Department of Defense concur. As indicated in the letter by the retired military leaders, many believe closure of this facility is the single most important counterterrorism effort the United States can undertake. And 

as you have heard, many of our allies agree. We believe the issue 

is not whether to close the Guantanamo Bay detention facility, the 

issue is how to do it. 

And thank you, and I look forward to your questions at the 

closed briefing. 

[The prepared statement of Mr. Lewis can be found in the Appendix on page 19.] 

Mrs. HARTZLER. Thank you. 

Now we will hear opening remarks from Mr. Trumbull. 

STATEMENT OF CHARLES TRUMBULL, ACTING SPECIAL 

ENVOY FOR GUANTANAMO CLOSURE, U.S. DEPARTMENT OF 

STATE 

Mr. TRUMBULL. Well, thank you, Madam Chairwoman, Ranking 

Member Speier, and members of this committee. 

I appreciate your invitation to appear here today on the important matter of detainee transfers from Guantanamo Bay detention 

facility. 

I am also honored to be here along with my colleague, Department of Defense special envoy Paul Lewis. 

The special envoy for Guantanamo closure serves as the State 

Department’s lead negotiator for the transfer of Guantanamo’s detainees abroad, and my office has a primary responsibility for managing the diplomatic issues related to the facility. 

My office also plays a leading role in the interagency process that 

determines when and where a detainee is transferred, as well as 

the periodic review process for those detainees not currently approved for transfer. In addition, we work closely with our embassies around the world to follow up on the progress of detainees who 

have been transferred to other countries. 

It has been an honor to contribute to this administration’s goal 

of closing the detention facility at Guantanamo Bay, a process that 

started under the Bush administration. As President Obama has 
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stated, the detention facility at Guantanamo, ‘‘Weakens our national security by draining resources, damaging our relationships 

with key allies and partners, and emboldening violent extremists.’’ 

World leaders consistently call on us to finally close Guantanamo, including Pope Francis just last month. From a foreign affairs perspective, I cannot overstate the fact that Guantanamo is 

a serious irritant in our relationships with important partners and 

allies, and interferes with our cooperation on issues ranging from 

security and counterterrorism to the promotion of human rights. 

As the acting special envoy, my and Paul’s primary focus is to 

transfer the 54 detainees who are currently approved for transfer. 

Now, ‘‘approved for transfer’’ is an extremely important designation 

because it reflects the considered unanimous judgment of national 

security experts from six agencies that an individual detainee can 

and should be transferred, subject to appropriate security measures. That is, a detainee is approved for transfer only when defense, diplomatic, intelligence, and law enforcement professionals 

determine that the detainee’s transfer is consistent with U.S. national security and foreign policy interests. 

Detainees can be approved for transfer in one of two ways. The 

vast majority of the 54 individuals currently approved for transfer 

were approved by the 2009 Executive order task force, which included representatives from the Department of State, the Department of Defense, the Joint Chiefs of Staff, the Department of Justice, the Department of Homeland Security, and the Office of the 

Director of National Intelligence. This rigorous interagency process 

collected and considered all reasonably available information concerning the detainees at Guantanamo Bay. 

The decision to approve a detainee for transfer required the 

unanimous consensus of these six departments and agencies, and 

it reflected the best predictive judgment of senior government officials that any threat posed by the detainee could be sufficiently 

mitigated through feasible and appropriate security measures in 

the receiving country. 

As the publicly available task force report notes, many of these 

detainees were at most low-level fighters and are ‘‘appropriate candidates for transfer from a threat perspective in light of their limited skills, minor organizational roles, or other factors.’’ 

A detainee can also be approved for transfer by the Periodic Review Board. The PRB is in the process of considering detainees who 

are not currently approved for transfer, facing charges in the military commission, or are awaiting or serving their military commission sentence. 

The PRB panel consists of one voting member from the Departments of Defense, Homeland Security, Justice, and State, as well 

as the Joint Staff and the Office of the Director of National Intelligence. The PRB’s mandate is to determine whether the continued 

detention of a detainee is necessary to protect against a continuing 

significant threat to the national security of the United States. Detainees appearing before the PRB are assigned a personal representative and have the opportunity to be represented by a private 

counsel at no cost to the government. Detainees can provide an oral 

and a written statement, submit evidence, call witnesses, and elect 

to answer questions posed by the board members. 
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Thus far, the PRB has reviewed the cases of 12 individuals, and 

has reached a final determination in 9 of those cases. Of the nine 

detainees whose results have been finalized, six were approved for 

transfer, and three were designated for continued detention. This 

track record should make clear that the PRB is not a rubber stamp 

for either transfer or continued detention. 

Now, I just want to talk a little bit about the detainee transfers 

that Paul has also gone over. We have made significant progress 

in transferring those detainees who are approved for transfer. As 

Paul noted, 28 detainees were transferred in 2014, and 5 detainees 

have been resettled thus far this year. The 54 remaining detainees 

who are approved for transfer can and should be transferred from 

Guantanamo, subject to appropriate security measures and humane treatment assurances. 

It is important to note that the decision to approve a detainee 

for transfer is not the end of the process. Prior to any transfer, the 

intelligence community provides an updated assessment of the individual, as well as an assessment of the receiving country’s capabilities. We also work extensively with receiving governments to ensure that measures have been or will be taken to substantially 

mitigate the threat that the individual will engage or reengage in 

activity that threatens the United States or United States persons 

or interests. 

Our rigorous approach to transfers, which looks both at the potential threat posed by the individual and the measures that the 

receiving country has taken or will take, is effective. According to 

the most recent public report from ODNI, of the detainees transferred under this administration only 6.8 percent are confirmed 

and only 1.1 percent are suspected of engaging in hostile or uncertain activity. 

While we take every instance of reengagement seriously, the important point is that over 90 percent of these individuals are not 

even suspected, much less confirmed of engaging in hostile activities after their release. 

Now one challenge we face in our effort to close Guantanamo is 

the fact that many of the detainees approved for transfer cannot 

be returned to their home country due to the security or humane 

treatment concerns. As former special envoy Sloan wrote in New 

York Times, these individuals are not the worst of the worst, but 

rather they are the detainees at Guantanamo with the worst luck. 

Of the 54 detainees currently approved for transfer, 47, for example, are from Yemen. Members of this committee are certainly 

aware of the security situation in that country. This administration 

has not transferred a Guantanamo detainee to Yemen since 2010. 

And our current focus is resettling those individuals in third countries. 

In the past several months we have resettled 12 Yemenis to 5 

different countries. It is a testament to our strong standing internationally that numerous countries have been willing to provide 

homes for those individuals who cannot be returned to their home 

country and who should not remain at Guantanamo solely because 

of the security situation in Yemen. These countries should be commended for taking this important humanitarian step and for the 
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contribution to the President’s goal of closing Guantanamo in a secure and responsible manner. 

Looking forward, our goals for 2015 are clear. First, we must 

transfer all of those detainees approved for transfer, the vast majority of whom have been approved for 5 years. Second, we must 

continue and expedite the PRB process. In both of these efforts, I 

look forward to working closely with Paul Lewis and with my interagency colleagues, as well as members of this committee. 

Thank you, Madam Chairwoman. 

[The prepared statement of Mr. Trumbull can be found in the 

Appendix on page 33.] 

Mrs. HARTZLER. Thank you. 

Pursuant to our unanimous consent agreement, we will now adjourn from open session and reconvene immediately for our classified briefing in room 2216. 

[Whereupon, at 3:45 p.m., the subcommittee proceeded in closed 

session.] 
A P P E N D I X 

FEBRUARY 12, 2015 

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FEBRUARY 12, 2015 

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