Saturday, June 26, 2010

Closing Guantánamo Fades as a Priority


By CHARLIE SAVAGE
WASHINGTON - Stymied by political opposition and focused on competing priorities, the Obama administration has sidelined efforts to close the Guantánamo prison, making it unlikely that President Obama will fulfill his promise to close it before his term ends in 2013.

When the White House acknowledged last year that it would miss Mr. Obama's initial January 2010 deadline for shutting the prison, it also declared that the detainees would eventually be moved to one in Illinois. But impediments to that plan have mounted in Congress, and the administration is doing little to overcome them.

"There is a lot of inertia" against closing the prison, "and the administration is not putting a lot of energy behind their position that I can see," said Senator Carl Levin, the Michigan Democrat who is chairman of the Senate Armed Services Committee and supports the Illinois plan. He added that "the odds are that it will still be open" by the next presidential inauguration.

And Senator Lindsey Graham, a South Carolina Republican who also supports shutting it, said the effort is "on life support and it's unlikely to close any time soon." He attributed the collapse to some fellow Republicans' "demagoguery" and the administration's poor planning and decision-making "paralysis."

The White House insists it is still determined to shutter the prison. The administration argues that Guantánamo is a symbol in the Muslim world of past detainee abuses, citing military views that its continued operation helps terrorists.

"Our commanders have made clear that closing the detention facility at Guantánamo is a national security imperative, and the president remains committed to achieving that goal," said a White House spokesman, Ben LaBolt.

Still, some senior officials say privately that the administration has done its part, including identifying the Illinois prison - an empty maximum-security center in Thomson, 150 miles west of Chicago - where the detainees could be held. They blame Congress for failing to execute that endgame.

"The president can't just wave a magic wand to say that Gitmo will be closed," said a senior administration official, speaking on condition of anonymity to discuss internal thinking on a sensitive issue.

The politics of closing the prison have clearly soured following the attempted bombings on a plane on Dec. 25 and in Times Square in May, as well as Republican criticism that imprisoning detainees in the United States would endanger Americans. When Mr. Obama took office a slight majority supported closing it. By a March 2010 poll, 60 percent wanted it to stay open.

One administration official argued that the White House was still trying. On May 26, Mr. Obama's national security adviser, James Jones, sent a letter to the House Appropriations Committee reiterating the case.

But Mr. Levin portrayed the administration as unwilling to make a serious effort to exert its influence, contrasting its muted response to legislative hurdles to closing Guantánamo with "very vocal" threats to veto financing for a fighter jet engine it opposes.

Last year, for example, the administration stood aside as lawmakers restricted the transfer of detainees into the United States except for prosecution. And its response was silence several weeks ago, Mr. Levin said, as the House and Senate Armed Services Committees voted to block money for renovating the Illinois prison to accommodate detainees, and to restrict transfers from Guantánamo to other countries - including, in the Senate version, a bar on Yemen, Saudi Arabia, Afghanistan, Pakistan and Somalia. About 130 of the 181 detainees are from those countries.

"They are not really putting their shoulder to the wheel on this issue," Mr. Levin said of White House officials. "It's pretty dormant in terms of their public positions."

Several administration officials expressed hope that political winds might shift if, for example, high-level Qaeda leaders are killed, or if lawmakers focus on how expensive it is to operate a prison at the isolated base.

A recent Pentagon study, obtained by The New York Times, shows taxpayers spent more than $2 billion between 2002 and 2009 on the prison. Administration officials believe taxpayers would save about $180 million a year in operating costs if Guantánamo detainees were held at Thomson, which they hope Congress will allow the Justice Department to buy from the State of Illinois at least for federal inmates.

But in a sign that some may be making peace with keeping Guantánamo open, officials also praise improvements at the prison. An interagency review team brought order to scattered files. Mr. Obama banned brutal interrogations. Congress overhauled military commissions to give defendants more safeguards.

One category - detainees cleared for release who cannot be repatriated for their own safety - is on a path to extinction: allies have accepted 33, and just 22 await resettlement. Another - those who will be held without trials - has been narrowed to 48.

Still, the administration has faced a worsening problem in dealing with the prison's large Yemeni population, including 58 low-level detainees who would already have been repatriated had they been from a more stable country, officials say.

The administration asked Saudi Arabia to put some Yemenis through a program aimed at rehabilitating jihadists but was rebuffed, officials said. And Mr. Obama imposed a moratorium on Yemen transfers after the failed Dec. 25 attack, planned by a Yemen-based branch of Al Qaeda whose members include two former Guantánamo detainees from Saudi Arabia.

As a result, the Obama administration has been further entangled in practices many of its officials lamented during the Bush administration. A judge this month ordered the government to release a 26-year-old Yemeni imprisoned since 2002, citing overwhelming evidence of his innocence. The Obama team decided last year to release the man, but shifted course after the moratorium. This week, the National Security Council decided to send the man to Yemen in a one-time exception, an official said on Friday.

Meanwhile, discussions have faltered between Mr. Graham and the White House aimed at crafting a bipartisan legislative package that would close Guantánamo while bolstering legal authorities for detaining terrorism suspects without trial.

Mr. Graham said such legislation would build confidence about holding detainees, including future captures, in an untainted prison inside the United States. But the talks lapsed.

"We can't get anyone to give us a final answer," he said. "It just goes into a black hole. I don't know what happens."

In any case, one senior official said, even if the administration concludes that it will never close the prison, it cannot acknowledge that because it would revive Guantánamo as America's image in the Muslim world.

"Guantánamo is a negative symbol, but it is much diminished because we are seen as trying to close it," the official said. "Closing Guantánamo is good, but fighting to close Guantánamo is O.K. Admitting you failed would be the worst."

Thom Shanker contributed reporting.

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