Rumsfeld Knew: DoD's 'Worst of the Worst' and Recidivism Claims Refuted by Recently Declassified Memo

53 Pages Posted: 8 Sep 2012

See all articles by Mark Denbeaux

Mark Denbeaux

Seton Hall Law School

Sean Camoni

Seton Hall University - School of Law - Center for Policy & Research

Paul W. Taylor

Seton Hall University - School of Law - Center for Policy & Research

Philip Taylor

affiliation not provided to SSRN

Date Written: March 3, 2011

Abstract

The U.S. Government has maintained that detainees incarcerated at Guantanamo Bay are dangerous, “high-value detainees,” the “worst of the worst.” The Government has also claimed that upon release from GTMO, many of these detainees have “reengaged” in their dangerous activities. A recently declassified Memorandum from Secretary of Defense Donald Rumsfeld undermines both of these claims, revealing that GTMO was not populated with “high-value” enemy combatants, but rather with “low-value” detainees. Not only does this contradict Government assertions that the prison at GTMO holds the worst of the worst, but it also calls into question the Government’s assertions that the released detainees are dangerous men who have and likely will reengage. Sparked by the revelation that the Government knew at least as early as spring of 2003 that GTMO was populated with low-level detainees, the Center for Policy & Research reexamined all government claims as to detainee recidivism. This Report is consistent with the Center’s past findings on alleged recidivism. The Center has found yet again that the Government has not supported their claims; claims that rest on even weaker ground now that it is clear that the men released from GTMO were never the worst of the worst in the first place.

Keywords: Rumsfeld, DOD, worst of the worst, recidivism, Guantanamo Bay, GTMO

Suggested Citation

Denbeaux, Mark and Camoni, Sean and Taylor, Paul W. and Taylor, Philip, Rumsfeld Knew: DoD's 'Worst of the Worst' and Recidivism Claims Refuted by Recently Declassified Memo (March 3, 2011). Seton Hall Public Law Research Paper No. 2003598, Available at SSRN: https://ssrn.com/abstract=2003598 or http://dx.doi.org/10.2139/ssrn.2003598

Mark Denbeaux (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States

Sean Camoni

Seton Hall University - School of Law - Center for Policy & Research ( email )

One Newark Center
Newark, NJ 07102
United States

Paul W. Taylor

Seton Hall University - School of Law - Center for Policy & Research ( email )

One Newark Center
Newark, NJ 07102-5210
United States

Philip Taylor

affiliation not provided to SSRN

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