Letter from Atty David J. Cynamon to Alan Liotta, Principal Director Detainee Affairs, US Department of Defense
January 18, 2008
Dear Mr. Liotta:
As you know, I represent the remaining four Kuwaiti citizens detained at Guantanamo: ISNs 213, 232, 551 and 552. I am writing to request information as to their current status.
Last week, during his visit to Kuwait, President Bush responded to the personal request by the Amir to return these four men to Kuwait by informing the Amir that two of the Kuwaitis will be charged with war crimes and prosecuted before military commissions, and the other two will be repatriated upon the negotiation of appropriate conditions. However, neither President Bush nor any of the officials traveling with him was willing or able to advise the Government of Kuwait which two of the four will be charged, and which two will be released. This is reminiscent of the meeting in May 2007 between the Kuwaiti Foreign Minister and National Security Advisor Stephen Hadley, in which Mr. Hadley told the Foreign Minister that the four Kuwaitis are "particularly dangerous" but was unable to provide any details, and promised a report that was never provided.
My four clients have been imprisoned in Guantanamo for six years. Surely, if the Department of Defense has evidence to support war crimes charges against any of the Kuwaitis, it must be aware by now of who will be charged. As for the others, you have had since November 2007 the Kuwaiti Government's submission on the conditions and assurances that will govern their return. If you have any concerns about that submission, it is long past due to bring those concerns to the attention of the Kuwaiti Government and to resolve those concerns promptly.
By this letter, I request that you promptly advise me as to which of my four clients will be charged before military commissions so that I can begin to prepare their defense. I also request that you respond promptly and in good faith to the Kuwaiti Government's attempt to negotiate appropriate conditions for the return of my other clients.
I would appreciate the courtesy of a reply, if not directly, then through counsel at the Department of Justice, Mr. Subar, whom I have copied on this letter.
David J. Cynamon