DOD: Consider Whether We’ve Made Detainees Crazy in Periodical Review

Section 1023 of the Defense Authorization mandated that the Administration tell Congress how it was implementing Obama’s Executive Order providing periodic review of Gitmo detainees’ continued need to be detained.

SEC. 1023. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) PROCEDURES REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth procedures for implementing the periodic review process required by Executive Order No. 13567 for individuals detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).

Here’s the directive complying with that requirement.

I’ll have plenty to say about it. But for the moment, I got hung up on this:

3. STANDARD. Continued law of war detention is warranted for a detainee subject to periodic review if such detention is necessary to protect against a continuing significant threat to the security of the United States. In making that assessment, the PRB may review all relevant materials including information from the final Task Force assessments produced pursuant to Reference (k); the work product of a prior PRB; or any relevant intelligence produced subsequent to either. Application of this standard is specifically not intended to require a re-examination of the underlying materials that supported the work products of either Reference (k) or a prior PRB and is not intended to create a requirement that each PRB conduct a zero-based review of all original source materials concerning a detainee. In assessing whether a detainee continues to meet this standard, the PRB may consider:

[snip]

(6) The detainee’s physical and psychological condition.

We know, of course, that there are a number of people at Gitmo–starting with Abu Zubaydah and Mohammed al-Qahtani–we’ve driven completely insane with our torture and abuse, who we can’t try but also can’t release (not that we’d release either of these two anyway).

But this seems to be a tacit admission that we won’t release people we’ve driven crazy. Because, Freedom!, I guess. So are we now saying that because our treatment has made them insane we will now use that as reason to keep them in custody?

Though maybe once these guys get to be so old they’re having health problems, maybe then we’ll finally release them.

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9 Responses to DOD: Consider Whether We’ve Made Detainees Crazy in Periodical Review

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emptywheel RT @mikiebarb: This full, transcribed quote may sum up Jeb's night: https://t.co/e3VjWvTYJl
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JimWhiteGNV So now it appears Cash stole a win from Karns. NOT how you build a rookie's confidence! #Rays.
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emptywheel @RobertOryx754 Dunno. It was cozy. As I suggested, if I were Ayotte I'd be worried.
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emptywheel @RobertOryx754 Precisely like that!
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emptywheel @nickmanes1 It's election day. Show off your "Just voted!" sticker at the pita joint.
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emptywheel @nickmanes1 Alternately, go to Gita Pita for lunch and THEN vote, bc you'll be there. (Yes, it is good.)
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emptywheel @nickmanes1 After Pilates. It's just a primary-qua-general.
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JimWhiteGNV I started as a huge fan of Kevin Cash. But pulling Karns when he did tonight was a HORRIBLE decision. Told great pitcher not trusted. #Rays
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emptywheel @matthewt_ny What? You have a problem w/ultimate frisbee practices (which was my most favorite thing).
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emptywheel @anamariecox I think it'll be speed dating until the 10-on-1 attack on Trump that takes out the Donald plus 5 more.
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emptywheel @matthewamiller That's part of what @dubo6524 noted. Someone should do an exposé.
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emptywheel @MazMHussain Cmon. It's been 35 years since we elected an entertainer. https://t.co/qUG1o8qfag
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