Content of our character. It is an exciting opportunity. It is what unites us. I dont think there is any partisan aspect. They are our best hope for the future. Thank you for the opportunity to be with you today. [applause] people stay in their seats. Thank you so much. [indiscernible] next, the Senate Hearing on guantanamo. After that, the National Prayer breakfast. Then, the munich security conference. On newsmakers, presented of adam smith will discuss authorization for use of military force against isis. Newsmakers, sunday at 10 00 a. M. On thursday, the Defense Department testified before the Senate Armed Services committee about the future of the guantanamo prison. Jack reed is ranking member. This is two hours. Senator mccain, the chairman has asked me to call to order. He is currently at the National Prayer breakfast. That is not finishing as promptly as anticipated. What i am going to do is ask that senator mccains Opening Statement beeps submitted for the record and at this time call on the panel for the testimony. When the testimony is concluded, we will begin around a questioning. Thank you very much. Thank you for letting me testify today on the Detention Center of Guantanamo Bay. Im generate 22nd, 2009 president obama signed executive order, 1392, which ordered to closure of the detention bay in guantanamo, cuba. Through that rigorous effort, a certain number of detainees were approved for transfer, a certain number were designated for continued detention. Since then a periodic review board has begun to review the status of those debt and detainees not eligible for transfer. When the president came into office six years ago, there were 242 detainees at guantanamo. Today, because of the work of the task force, 122 detainees remain. Of these, 54 are eligible for transfer. 10 are being prosecuted or being sent its being sentenced. Secretary hagel has approved the transfer of 44 detainees, a 11 were transferred in 2013. Five of whom have been transferred this year. A great majority of these transfers authorized under section 1015. I want to make a point about the facility this is a National Security imperative. The president and his Security Team believe that the continued operation of the facility weekends weekends wakeneakens National Security. Each show the victims in an orange jumpsuit. 40 retired military leaders wrote this committee and stated, it is hard to overstate how damaging this has been and continues to be. It is a critical nationalist National Security issue. We have been told by our friends and the greatest single action we can take is to close guantanamo. Major general joseph, former head, and 37 other retired leaders. Many other leaders recognize the need to close the facility. In 2010, general betray us stated, i have been on the record for a well over a year saying that it should be close. Figures across the spectrum have made clear that guantanamo poses risk to our National Security and should be closed. Secretary hagel also supports the closure. President bush concluded that the facility was a propaganda tool for our enemies, and a distraction for our allies. I will now briefly address some of the concerns. Detainees have been transferred to nine different countries. Key features of the process that leads to the decision to transfer leads to rigorous information regarding the detainee. The willingness of the country to implement and maintain security measures. Those were completed by professionals across the government. We also have the ic look at that issue. Finally, each decision to transfer has been subject to sex principles. Six principles. Under section 1035 the secretary may approve the transfer if he determines that it is than the National Security interests of the United States and actions have plan to be taken to mitigate the risk. A primary concern that we have regarding the potential transfer is whether the detainee will return to the fight or reengage and acts of terrorism. We take that possibility very seriously. The most recent, public data was released last september. The data is current as of 2014. There is a lag of current reporting. The office of the directory of National Importance categorizes it in three ways. Before obama signed the executive order and the total after january 2, 2009. This is how the data breaks down. The total number is 17. 3 confirmed reengaging. 12. 4 suspected every engaging. Before generate 2009 those transferred in the last administration the numbers show called confirmed 14. 9 suspected. The data after january 2009 shows that 6. 8 percent confirmed. 1. 1 suspected. In other words, the rate of reengagement has been much loads lower for those transfers since 2009. Of the detainees transferred over 90 are neither suspected or confirmed every engaged. This will mitigate the threat. One additional point about the data the confirmed reengage in a vast majority transfer before 2009. 48 are either dead or in custody. We vast majority transfer work in close quarters with our partners. I cannot discuss the specific things in an open session. I can tell you we have the ability to monitor travel. Before a transfer we have detailed specific conversations. In order to many great the risk. Let me talk about the periodic report process. It established to protect the continuing threat to u. S. National security. We will provide your staff with more information about the process and detainee risk assessment. Six date deep detainees have been made eligible for transfer. To of the detainees made eligible have been transferred want to kuwait, what the other two saudi arabia. Efforts are being made to expedite this process. In ourin our view, this legislation would ban most transfers from guantanamo for two years. It reverts to the previous certification regimes the nda a. It results in court order transfers, transfers pursuant to previous agreement. In addition, it adds proposal to limit transfers based on outdated information. We believe that any decisions on transfers should be based on individual assessments. It would effectively block process. The proposed legislation bars transfers for seven years. 47 are eligible for transfer, to have charges referred. A ban on transfers is unnecessary because we are not seeking to transfer any. In light of the recent further deterioration, since the president s moratorium was listed two years ago, in favor of a casebycase analysis, not a single detainee has been transferred to yemen. Those transferred, have been transferred to five other countries. We are seeking to find other countries to help. Our plan to close guantanamo has three elements. First, we continue the process of transferring 54 detainees. Second we will continue the prosecution of the detainees in the military process. Third, we will continue and expedite the process. When we have concluded these three, it is likely that several detainees cannot be prosecuted because they are too dangerous. They will remain in our custody. Ultimately, closing the Detention Center will require to us consider official options including transferring some to a secure facility in the United States. The department of justice has concluded that in the event they are transferred to the u. S. , the authorities provide robust protection of National Security. We understand that such transfers are currently barred. The government is currently prohibited in prosecuting any and United States. The president has consistently opposed these restrictions to curtail the population. You asked us to address what happens when someone is captured on the battlefield. It will be handled on a casebycase basis. When a nation is engaged in hostility, detaining the enemy to keep him off the battlefield is permissible. In some cases, those detained will be transferred. In others, they will be transferred to the United States for federal prosecution. Some cases may be appropriate for detention. The president has made clear we will not add to the population at the Detention Center of Guantanamo Bay. I would note that president bush works towards closing quintana know. He worked hard to achieve that objective. We are closer to that golden many may think. Of the nearly 800 detainees since 2002, a vastly majority have already been transferred including more than 500 detainees transferred by the Previous Administration. The president and the National SecurityAdministration Believe it should be closed. We believe the issue is not whether to close, it is how. Thank you. Let me do something i neglected to do prior to that. Im a little rusty. Secretary mckeon to have a statement . I believe im next. Thank you for the opportunity to appear. I will begin on discussing the support to the transfer process. Specifically, the analysis of the committee provides. Could you adjust your might. Im sorry. Its aimed at the potential transfer of detainees at the detention facility. Two echoes echoed bryans remarks, we take it seriously. It works to keep decisionmakers informed of developments especially with threats to the United States. It is felt regionally in the middle east and north africa it is largely characterized by smaller scale attacks. Accordingly, the analysis on current detainees focuses most intently and closely on the date detainees to threaten u. S. Interests overseas these assessments aimed to provide an understanding of the detainees background, current mindset, or any links the propose a threat to our interest. We also take into account the threat to the United States. Intelligence Committee Products do not state whether the detainee poses a high, medium, or low risk assessment. We believe it is shaped by a number of factors. In addition to this individually focused analysis, they also provide analysis over the destination countries. Now brian also mentioned reengagement. I would like to discuss our role in monitoring possible reengagement. Once a detainee is transferred they are monitored for indications of reengagement. We work closely with liaison partners. A formal and structured process would draw on apartners. Different agencies. We determined whether to designate a former detainee as reengage. When we have a preponderance of information, we can determine if they are involved in in surgeons activities. We can confirm a detainee is suspected of reengaging if there are reports of the individual in such activities. It is important to note, for the purpose of these destination engagement and propaganda activities does not by itself qualify as terrorist activity. It is also the case that some former detainees have been asked added to this list. Just to quickly run through the numbers. 107 17. 3 of the 620 detainees have been confirmed of reengagement in terrorist activities as of 2014. We also assessed 12 were suspected of reengagement. Of the 88 transfers that of occurred since 2009, 6. 8 of those transferred have been confirmed every engagement, with another 1 suspected. The next unclassifiedthe next unclassified report is expected in early march. We will update those numbers and they will reflect the most recent activity. I will expect those numbers to be in line with the trends i have outlined. I will stop there and i look forward to your questions. Thank you. Thank you member read. Thank you having me here today to discuss this topic. I appreciate all of your efforts and focus on this matter. May i also extends my personal thanks to the men and women of the armed forces. I appreciate all of youri look forward to answer your questions. Thank you for your statement. It is distinct and to the point. Succinct and to the point. With the presumption that when the chairman arrives, let me ask some questions to my colleagues. You have all testified that the trendline is going down significantly and secretary, you see this continually in terms of recidivism. That is certainly what were seeing in the data. It is probably too soon to say. We feel good about where we are with those. As you analyze these individual cases are you using it to inform your judgments Going Forward the circumstances that the country goes back to this is a continuing learning experience you feel you are getting more judgments about the usefulness determined in the individual we take a close look at not just the individual being transferred but the assurances that the country agrees to sign up to. To uphold the agreement. They help us with those assessments. There is a check on the assurances given by these various countries so that we are confident that they have the capacity and will to keep up their end of the bargain. We continue to monitor compliance with agreement through various means. Let me go to one of the major points that you means made, specifically, the continued operation of one no gives our adversaries propaganda points with respect to recruitment retention, magnifying their operations. Yes. From the you director of National Intelligence perspective who is asked to weigh in. What underpins all of his decisionmaking in this regard is an analytical judgment in which he has made to closing guantanamo, outweigh the risk incurred by individual detainees. He is made that cancellation. The fact that guantanamo features terrorist propaganda and recruitment. We assess that are terrorist adversaries are trying to recruit. I sold has used it in its english language magazine. The al qaeda affiliate in yemen has used it. This specific issue which we are going to have to face is also concern about the medical facilities. You have a and aging possible population of individuals. We put in language that would allow for the temporary transfer because of the medical condition of an individual to a more appropriate facility on a temporary basis facility, on a basis in the United States. This was not ultimately adopted. But is that something that concerns you, Going Forward, just in it is. I was down to visit. I had a conversation with the commander about this, his concern is is quite expensive. They have to bring in specialist to treat these individuals from the states. And i think we would prefer, if we could, on a shortterm basis, as you indicated in your legislation, bring them to the United States for said Specialist Care as needed. Thank you very much. Senator tillis, please. Thank you for the five taliban members who are released, with a subject to review . They were not sir. Why . I was not in the department at that time, sir. I would have to go back and ask that question. As you know, it was part of an exchange for Sergeant Bergdahl. So the assessment of their risk level didnt go through the processes that were established . No. I didnt want to leave you with that impression. The statute that you have given us requires the secretary still to make the determination prior to any transfer of the national National Security interest in mitigation of the risk. I dont believe you were there at the time, but why do you think that the department decided not to notify congress as per the statutes . Sir perhaps, whats the legal basses basis for that . Well it would be malpractice for me to try to opine on it. My understanding is the department of justice and mr. Preston, general counsel of the department, and turbid the president s powers because of the security risks and safety of Sergeant Bergdahl necessitated proceeding without a 30 day notice. I am happy to give you a more refined legal answer, because im not the person to do that for the department another for ghanistan nationals, i believe back in december, why did the administration not require continued detention of these four. Sir, these individuals had, i believe, been approved for transfer in 2009 by the did that go to the periodic review . No. They were already cleared approved for transfer by the 2009 task force, sir. Another question. I had with respect to the process. I noted that a detainee is entitled to having council which present the bully means the information that a periodic review board uses to determine or to make a determination is available to the council. Is that same Information Available to the public, or to the congress, on the periodic review cases that have gone through . Sir, with the periodic review board, the detainee has a right to a personal representative who is a military officer. He can employee. Private counsel, and if that person is given clearance, we can share certain classified information. Weve tried to have some measure of transparency with the prb progress in releasing information about hearings on the department website. Thank you. Could you elaborate on what they director of National Intelligence i mean, thats what this is all about is it more dangerous for the National Interest to keep guantanamo open because of its use of the recruiting tool, or is there a greater risk of the people being released reengaging . Give me your thinking on that. Is that the question . Sure. Happy to answer that, senator king. Because the director of National Intelligence does have a voice in the process to approve the transfer, he does look at a detainee specific background. That ground before going to go on todd amo, background during the course of detention at guantanamo and anything we know, as i said, about the environment into which he might be transferred. At the same time, though, as i said earlier, he has that underlying analytic judgment that the director of National Intelligence has made