Correspondence with the Bush Administration

U.S. transfers 20 more prisoners to Afghan custody
February 10, 2008
Confusion Clouds Guantanamo Tribunals
Associated Press
February 6, 2008
France urges US to drop Guantanamo trial of Canadian
January 23, 2008
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  - RASUL v. Bush & Al-Odah v. United States
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Email from Atty David J. Cynamon to Alan Liotta,
Principal Director Detainee Affairs, US Department of Defense

October 15, 2007

Dear Mr. Liotta:

I represent the remaining four Kuwaiti citizens detained at Guantanamo: ISNs 213, 232, 551 and 552.  I am writing to request a meeting with you, and any other officials whom you deem appropriate, to discuss the repatriation of these four Kuwaiti citizens under due process, security, and intelligence conditions mutually acceptable to the US Government and the Government of Kuwait.

I understand that you are the Defense Department official principally responsible for negotiations with the Government of Kuwait concerning the terms and conditions of repatriation.  Despite Kuwait and the United States being the closest of allies, sharing congruent interests in returning the four Kuwaiti citizens to Kuwait rapidly and with appropriate security arrangements, and whose Heads of State have confirmed the same to each other face-to-face and through an exchange of letters, the remaining four Kuwaiti detainees have not been turned over to Kuwait after almost six years of imprisonment.

By e-mail dated September 19, 2007, I made a similar request to Captain Frank Sweigart, Director of the Office of Administrative Review of Detained Enemy Combatants, and attached information relating to the Kuwaiti detainees.  In reply to my e-mail, I was contacted by DoJ and on October 3, 2007, I  spoke with Judry Subar, with the Department of Justice, and Stephen Pomper, with the Department of State.

Messrs. Subar and Pomper informed us that the Department of Defense exercises sole control over the substantive aspects of bilateral negotiations on the return of detainees.  Accordingly, I am attaching the information I sent to Captain Sweigart and request a meeting with you to understand what are the remaining concerns about and conditions for repatriation of the remaining four detainees to the Government of Kuwait.  At that meeting, I would like to discuss the information presented in my e-mail to Captain Sweigart as well as the following points:

  • The Government of Kuwait, at its highest levels, has given unequivocal assurances that it accepts full responsibility for assuring the United States that its citizens detained in Guantanamo, on return to Kuwait, will not be permitted to be a threat to the United States.
  • National Security Adviser Stephen Hadley promised the Kuwaiti Foreign Minister during their meeting last May to provide information supporting the U.S. Government’s claim that the four remaining detainees are deemed particularly dangerous.
  • The grid attached to my letter to Captain Sweigart listed the allegations against each of the 12 Kuwaiti detainees in a comparative format, which highlights that it is impossible to understand why eight Kuwaiti detainees have been released and yet four remain detained.
  • The U.S. Government has recently released detainees to Tunisia and Libya and other countries that do not have the same history of being allies, and yet, despite the Ruler of Kuwait’s assurances and undertakings, these four citizens of Kuwait remain imprisoned at Guantanamo.

In this way, we are making every effort to bring to a close the Kuwaiti detainee matter.  I look forward to your reply, our meeting and resolution of this matter. 

Thank you

David J. Cynamon

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