Designing a prison at Guantánamo for the short term, now over 20 years old, with no end in sight: A monumental miscalculation

Part one of two

Many readers do their utmost to forget that America continues to hold captive 35 Muslim men at Guantánamo Bay, Cuba.  But as the 20th anniversary of the prison has just passed, I thought it appropriate to write this reminder. It’s a problem that won’t go away until our nation finally deals with its vestiges. Originally, the United States imprisoned almost 800 men and boys there, while indulging in fantasies such as they’re the “worst of the worst.” But fabulist bubbles have a way of bursting. George W. Bush quietly released several hundred of the prisoners, and Barack Obama transferred out a couple hundred more. Currently, 35 prisoners remain. Twenty have been approved for transfer (though actualizing a transfer authorization often takes years, sometimes several); 12 fall under the purview of the military commissions: three have been convicted, and nine — including the five 9/11 defendants, whose case has continued seemingly forever in that their torture has complicated the case enormously — who are yet to be tried; and three never-charged but nonetheless imprisoned men.  Sen. Dick Durbin, chair of the Judiciary Committee, had this to say about the last category: “Holding people without charge or trial for years on end cannot be reconciled with the values we espouse as a nation…”.   

(My client, known as Abu Zubaydah, is one of the three; I will write about him in Part Two.)

Yet given the aging prisoner population, the brutal torture inflicted on many of them that guarantees significant health problems (both physical and mental), and other considerations, the U.S. is now trapped in an ever-more-dire financial disaster. Recently, the military was forced to abandon the ultra-secret maximum-security Camp 7, where the so-called “high-value detainees” had been held. The camp cost $17 million to build, but then it began to crumble.

Raw sewage sloshed through the tiers, the power sometimes went out, and some cell doors would not close. Elsewhere, fungus was growing in a new $10 million “tiny-house village” being assembled at the military court compound to house lawyers. An M.R.I. device, which had cost $1.65 million in 2012, suffered a “catastrophic failure” from neglect during the pandemic; the plan to lease a replacement may drag on for months. In another part of the base, construction of a $115 million dormitory is a year behind schedule.

The cost of the Guantánamo prison has been staggering. To date, $7 billion has been spent on it. “At Guantánamo, they continually put Band-Aids on instead of coming up with realistic solutions,” said retired Brig. Gen. John G. Baker, who formerly oversaw military defense teams at the prison.

The facility costs $540 million per year to operate, including about $100 million for military commissions. That comes to $15 million for each prisoner, when, for example, a year at the Supermax federal prison at Florence, Colo., costs the government (actually, us taxpayers) only $78,000. I believe that no prisoner has ever escaped from a Supermax prison.

But Congress, playing politics as usual (these men are so-o-o dangerous), continues to block any transfer of a Guantánamo prisoner to the U.S. mainland, no matter how securely he will be held. The Biden administration is trying to untie that Gordian Knot.  Negotiations, which have been ongoing since at least March 2022, have continued between the prosecution and defense teams in the 9/11 case. The deal would center on guilty pleas by the defendants in exchange for the prosecution dropping its request for the death penalty.  I can offer no prediction on whether they might succeed.   But if they do succeed, will Congress, at long last, drop its posturing, and permit the prisoners to spend the rest of their days at a Supermax prison, so it can cease burning its taxpayers’ dollars?

If the negotiations fail, it is anyone’s guess when the trial will begin. On March 20, 2022, The New York Times’s indispensable Carol Rosenberg stated that “jury selection cannot start before mid-2024 — and that is according to the most optimistic estimate.” The case began for the second time on May 5, 2012. (The first charges had been dismissed, with the prosecution having the right to file new ones.)

Biden has appointed a special representative, Tina Kaidanow, to focus on finding a home for those cleared for transfer. But, alas, unlike the similar representative appointed by Obama, Ms. Kaidanow does not report directly to the Secretary of State.

 

Salisbury’s Charles Church is a lawyer who serves as co-counsel for Abu Zubaydah, on whom Part Two will focus. His comments, of course, reflect his own views, and not those of this newspaper. Church offers special thanks to Carol Rosenberg, who has been reporting on matters relating to the Guantánamo prisoners since January 2002, four months after 9/11. Many of the facts in this piece were reported by her.

The views expressed here are not necessarily those of The Lakeville Journal and The Journal does not support or oppose candidates for public office.

Latest News

Sharon voters reject controversial school budget, 114-99

The May 8 town meeting and budget vote were moved from Sharon Town Hall to Sharon Center School to accommodate what officials said was the largest turnout for a Sharon budget meeting in recent years.

Alec Linden

SHARON – More than 200 residents packed the Sharon Center School gymnasium Friday, May 8, where voters narrowly rejected the Sharon Board of Education's proposed 2026-2027 spending plan by a vote of 114-99, sending the budget back to the Board of Finance after weeks of heated debate over school funding.

The rejected proposal – the ninth version of the budget since deliberations began months ago – carried a bottom line of $4,165,513 for the elementary school, unchanged from last year. The flat budget came after the BOF ordered the BOE in early April to remove nearly $70,000 from its spending plan.

Keep ReadingShow less

Liane McGhee

Liane McGhee
Liane McGhee
Liane McGhee

Liane McGhee, a woman defined by her strength of will, generosity, and unwavering devotion to her family, passed away leaving a legacy of love and cherished memories.

Born Liane Victoria Conklin on May 27, 1957, in Sharon, CT, she grew up on Fish Street in Millerton, a place that remained close to her heart throughout her life. A proud graduate of the Webutuck High School Class of 1975, Liane soon began the most significant chapter of her life when she married Bill McGhee on August 7, 1976. Together, they built a life centered on family and shared values.

Keep ReadingShow less
‘Women Laughing’ celebrates New Yorker cartoonists

Ten New Yorker cartoonists gather around a table in a scene from “Women Laughing.”

Eric Korenman

There is something deceptively simple about a New Yorker cartoon. A few lines, a handful of words — usually fewer than a dozen — and suddenly an entire worldview has been distilled into a single panel.

There is also something delightfully subversive about watching a room full of women sit around a table drawing them. Not necessarily because it seems unusual now — thankfully — but because “Women Laughing,” screening May 9 at The Moviehouse in Millerton, reminds us that for much of The New Yorker’s history, such a gathering would have been nearly impossible to imagine.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

By any other name: becoming Lena Hall

By any other name: becoming Lena Hall

In “Your Friends and Neighbors,” Lena Hall’s character is also a musician.

Courtesy Apple TV
At a certain point you stop asking who people want you to be and start figuring out who you already are.
Lena Hall

There is a moment in conversation with actress and musician Lena Hall when the question of identity lands with unusual force.

“Well,” she said, pausing to consider it, “who am I really?”

Keep ReadingShow less
Remembering Todd Snider at The Colonial Theatre

“A Love Letter to Handsome John” screens at The Colonial Theatre on May 8.

Provided

Fans of the late singer-songwriter Todd Snider will have a rare opportunity to gather in celebration of his life and music when “A Love Letter to Handsome John,” a documentary by Otis Gibbs, screens for one night only at The Colonial Theatre in North Canaan on Friday, May 8.

Presented by Wilder House Berkshires and The Colonial Theatre, the 54-minute film began as a tribute to Snider’s friend and mentor, folk legend John Prine. Instead, following Snider’s death last November at age 59, it became something more intimate: a portrait of the alt-country pioneer during the final year of his life.

Keep ReadingShow less
Sharon Playhouse debuts new logoahead of 2026 season

New Sharon Playhouse logo designed by Christina D’Angelo.

Provided

The Sharon Playhouse has unveiled a new brand identity for its 2026 season, reimagining its logo around the silhouette of the historic barn that has long defined the theater.

Sharon Playhouse leadership — Carl Andress, Megan Flanagan and Michael Baldwin — revealed the new logo and website ahead of the 2026 season. The change reflects leadership’s desire to embrace both the Playhouse’s history and future, capturing its nostalgia while reinventing its image.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.