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David Remes Responds to the Feinstein/Durbin Op-ed on Closing GTMO

Raffaela Wakeman
Wednesday, August 14, 2013, 6:30 PM
David Remes, the longtime GTMO defense lawyer, wrote in with comments on Senators Feinstein and Durbin’s op-ed in today’s L.A. Times entitled, “How to close Gitmo”:
The oped is quite disappointing. In brief, the Senators argue that even though GTMO detainees are monsters, it’s safe to bring them to the US or transfer them to other countries, and not just safe, but justified on cost and moral grounds.

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David Remes, the longtime GTMO defense lawyer, wrote in with comments on Senators Feinstein and Durbin’s op-ed in today’s L.A. Times entitled, “How to close Gitmo”:
The oped is quite disappointing. In brief, the Senators argue that even though GTMO detainees are monsters, it’s safe to bring them to the US or transfer them to other countries, and not just safe, but justified on cost and moral grounds. Thus, the Senators argue that one can be against terrorism and still be for bringing GTMO detainees to the US because, like “convicted terrorists,” the detainees can be held in a Supermax. (Strangely, the Senators refer to “convicted terrorists” as being “detained” in a Supermax.) The Senators also argue that it’s safe to transfer non-Yemenis to other countries because they can “remain in custody” there, in and safe to send Saudis and Yemenis home because their governments can “hold” them “so they do not attack the U.S. or its allies.” Finally, concluding, they argue that it’s an “an abomination” to hold detainees outside the US for years “without charge,” but okay to hold them without charge in the US “under international law until the end of hostilities.” They don't explain why it matters where an individual is indefinitely detained. It would have been simple enough, and fairer, for the authors to say they are assuming for the sake of argument that the detainees are dangerous and should be treated like convicted terrorists. But the assumption is their premise. How needless, self-defeating, and wrong.

Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT. Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.

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