Transfer of 10 to leave 93 at Guantanamo Bay

The last time there were fewer than 100 detainees at Guantanamo Bay, Cuba, was Jan. 16, 2002.

This week, with the expected resettlement of 10 Yemeni detainees, the prison population will once again dip below 100, symbolizing President Barack Obama’s commitment to close Guantanamo before he leaves office.

After this week’s transfer, there will be 93 prisoners at Guantanamo, including dozens who have lingered for years after being cleared by a government board for release.

With its history of hunger strikes, harsh treatment and byzantine military court proceedings, Guantanamo Bay is now tied up with Obama’s legacy as much as it is with that of George W. Bush, who sent hundreds of prisoners there after the terrorist attacks on Sept. 11, 2001.

On his first day in office, Obama promised to close the prison, but his plans have been held up for years by internal disagreements and steadfast opposition in Congress.

Sen. Kelly Ayotte, R-N.H., criticized the Yemenis’ transfer, which is expected to be announced today.

“Any Obama administration decision to transfer a large number of Yemeni detainees from Guantanamo to Oman would represent a thinly veiled attempt to undercut the will of Congress and would further endanger the American people,” Ayotte said in a statement.

Pentagon spokesman Peter Cook said that Defense Secretary Ashton Carter has “deliberately and carefully scrutinized” potential transfers in keeping with Obama’s closure goal. “He only agrees to transfers when he is satisfied that appropriates steps have been taken to mitigate risk to the United States,” Cook said.

Administration officials said they would not discuss the details of the transfer until it is completed.

In early 2015, former Defense Secretary Chuck Hagel was forced out in large part over his refusal to expedite the Guantanamo transfers, which were viewed with suspicion by military officials who worried released prisoners would take up arms again.

Carter, taking over for Hagel in the crucial final period of Obama’s presidency, faces intense pressure to deliver on one of the president’s highest priorities.

But fierce congressional opposition to previous closure attempts is unlikely to subside.

Guantanamo is “the perfect place for terrorists,” Senate Majority Leader Mitch McConnell, R-Ky., said this week.

Prisoners “do not belong back on the battlefield fighting against us, nor do they belong on U.S. soil,” said Sen. Cory Gardner of Colorado. He called Obama’s plan “misguided.”