Overnight Defense: Biden faces pressure from Democrats to shrink size of Guantánamo Bay

Happy Thursday and welcome to Overnight Defense. I’m Ellen Mitchell, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

THE TOPLINE: Dozens of House Democrats are pushing President Biden to “immediately” shrink the population being held at the Guantánamo Bay detention facility and “finally” shutter the prison.

“We share your belief that after nearly two decades and tremendous expense, it is time to close the prison and seek prompt resolutions for the cases of the remaining detainees,” the 75 lawmakers wrote in a letter to Biden released Thursday.

“We ask that as you take the steps necessary to finally close the prison, you act immediately to further reduce its population, ensure that the remaining detainees are treated humanely and increase the transparency of military commission proceedings at the Guantanamo detention facility,” they added.

Who sent the letter: The letter was organized by House Intelligence Committee Chairman Adam Schiff (D-Calif.) and Reps. David Price (D-N.C.) and Ilhan Omar (D-Minn). Among the co-signers are several committee chairmen, including Foreign Affairs Chairman Gregory Meek (D-N.Y.), Armed Services Chairman Adam Smith (D-Wash.) and Judiciary Chairman Jerry Nadler (D-N.Y.).

Earlier promises: The Biden administration has said it intends to close the infamous facility, launching a National Security Council review earlier this year to examine ways to close it.

A long-time hurdle: Biden faces the same major hurdle that stymied former President Obama’s efforts to close the prison: A ban passed by Congress on transferring Guantánamo detainees to U.S. soil.

The fiscal 2022 defense spending bill pending in the House would drop that ban. But the defense policy bill passed by the Senate Armed Services Committee last month would maintain it. Though Democrats control both chambers of Congress, slim majorities will make it difficult to end the ban.

In the meantime…: While it waits for a possible solution, the Biden administration last month repatriated a detainee to Morocco and said it will look to transfer all those who are eligible. Of the 39 detainees still at Guantánamo, 10 have been cleared for transfer, pending security agreements with the countries taking them in.

What lawmakers want: In their letter, the Democratic lawmakers urged Biden to “prioritize further reducing the prison’s population” by transferring out those 10 and reestablishing the office at the State Department that was in charge of negotiating transfers with other countries.

“We recognize that closing the prison will take time, but we believe the time has come with your leadership,” they wrote. “We believe that some detainees can and should be tried in our federal courts, which have demonstrated they can effectively, fairly, and quickly try terrorism cases. Other detainees should be repatriated to their home countries or settled in third countries with appropriate conditions and assurances for both their treatment and U.S. security.”

The lawmakers also told Biden they “stand ready to work with you to remove impediments to closure.”

Read more here.

DEM SENATORS UP PRESSURE TO DECLASSIFY 9/11 DOCUMENTS

Democratic senators and families of victims of the 9/11 attacks called on Thursday for the Biden administration to declassify and make available key documents related to Saudi Arabia’s role in the terrorist attacks, ahead of the 20th anniversary commemorating the tragedy.

Standing outside the Capitol, Sen. Bob Menendez (D-N.J.) and Richard Blumenthal (D-Conn.) rejected reasoning that has been invoked by both Democratic and Republican White House administrations to withhold information related to Riyadh’s role in the attacks under the guise of national security.

“Let’s get real here: We’re talking about the declassification of evidence relating to an attack that took place 20 years ago — and not just any attack, an attack that claimed nearly 3,000 American lives,” said Menendez, who chairs the Senate Foreign Relations Committee.

What they want: Families of the victims of the 9/11 attacks are seeking government documents related to Saudi Arabia’s role in aiding or financing any of the 19 individuals associated with the terrorist group al Qaeda and who carried out the devastating attack on the twin towers of the World Trade Center in lower Manhattan, the Pentagon, and the downing in Pennsylvania of a hijacked flight. 

The families are party to a lawsuit against Saudi Arabia alleging Riyadh’s involvement in organizing the attack and are calling out the Department of Justice and the FBI for continuing to block the release of key intelligence related to the Kingdom’s connection under the guise of the “states secret privilege.” 

“If the United States government is sitting on any documents that may implicate Saudi Arabia or any individual or any country in the events of Sept. 11, these families, and the American people, have a right to know,” Menendez said Thursday.

A new bill: Menendez and Blumenthal are co-sponsors of the September 11th Transparency Act of 2021. The bill, introduced Thursday, would require the Office of the Director of National Intelligence (ODNI) to oversee a full declassification review of the government’s investigation of the 9/11 attacks.

The bill has the backing of Senate Majority Leader Charles Schumer (D-N.Y.) and at least two Republican co-sponsors, Sens. John Cornyn (R-Texas) and Chuck Grassley (R-Iowa).

Schumer, speaking at the press conference on Thursday, said that he would “fight as hard as I can to see that this outstanding piece of legislation becomes law.”

Tentative hope: The families, advocates and senators expressed hope that the legislation, the 9/11 Transparency Act, will spur the administration to respond.

“Twenty years is far too long to go for anybody, for us especially but for Americans in general, to go without knowing the truth,” said Brett Eagleson, National Co-Chair of 9/11 Community United and whose father died in the twin towers.

“It’s nauseating, and it’s painful, and it’s difficult, but we are so proud to stand with our champions and our supporters, and I think we’re close and I think we’re going to get there,” he added.

ON TAP FOR TOMORROW

Air Force Chief of Staff Gen. Charles Brown will speak on “the Air Force mission in an ever-changing national security environment,” as part of the National Press Club Newsmaker Program, to be live streamed at 2 p.m.

ICYMI

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— The Hill: Israel hits Lebanon with airstrikes in response to rocket attacks

— The Hill: Opinion: Defense alone will not protect us from Russia and China

— The Hill: Opinion: The Cold War is over — or is it?

— Reuters: Taliban target provincial Afghan cities in response to U.S. strikes, commanders say

— Defense One: New Marine One Expected to Start Flying President Biden Soon

— Bloomberg:  Taliban Seizes Border Posts, Draining Key Afghan Income Source