Prison Boss: No Innocent Men in Guantanamo

So the basis, the underlying premise of that study is based on less than half of the information that was obtained. And if they draw a conclusion from that, I mean, a solid, serious conclusion from that, then I believe that any reasonable person would agree that that's a faulty conclusion.

The second part of it is, regardless of how they came to Guantanamo, whether they were captured by American troops or whether they were captured by allied troops in the Middle East, principally in Afghanistan and surrounding regions, they have gone through this process that we talked about before.

They went through a process on the battlefield. They went through the Combatant Status Review Tribunal. All of them have been through one ARB, administrative review board. And now we're in the second ARB. And in that process, 300 of them have been released, about 300.

And now we have the remainder, and we're going through that process every day to determine if we can assume the risk of releasing or transferring the rest.

And out of that process, there's about 140 of them that we've marked for either transfer or release, and we're waiting for countries to accept them. But as a professional military man in the United States Navy, doesn't it bother you that you might be holding a lot of people who were sold into captivity by bounty hunters associated with the Northern Alliance?

HARRIS: I don't believe that they were -- one, it doesn't bother me. I don't believe they were sold into captivity by the Northern Alliance.

MORAN: The U.S. offered bounties of upwards of $25,000.

HARRIS: I believe that they were captured on the battlefield. They were turned over to the United States. They were reviewed on the battlefield by American commanders. They were transferred to Guantanamo. And since then, we have reviewed them two full times and then we're working on the third now.

And in that process, we have released or recommended for transfer scores of detainees.

So I don't believe that we have any here that shouldn't be here, though I do believe that we have some here that we can afford the risk of returning, and that's about 140 or so, and I now we're working -- the State Department is working very hard to secure their transfer or release.

MORAN: Because they're small fry, not that important.

HARRIS: That's one of the rationales. One of the things that we look at or some of the things that we look at is their intelligence value and their risk to U.S. forces should they be returned to their home countries. So we look at that, and that's part of the calculus that goes into our recommendation.

But our recommendation is only one of many recommendations that go into that process. OARDEC, the Office of Administrative Review for Detained Enemy Combatants, coordinates that process. And the OARDEC folks make their recommendation to the designated civilian official. And he makes the decision on whether a given detainee should be continued for detention here, should be detained in Guantanamo or transferred or released.

MORAN: Is any detainee allowed to see the evidence against him?

HARRIS: No.

MORAN: That doesn't seem fundamentally fair.

HARRIS: It's not fundamentally fair in a criminal sense, but these are not criminals. These are detained enemy combatants.

MORAN: But how can you answer the accusation that you're an enemy of the United States when you're not -- they just won't tell you the evidence against you?

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