WASHINGTON — Senate Armed Services member Kelly Ayotte has placed a hold on the Defense Department general counsel nominee until the administration shares certain information about the danger of releasing Guantanamo detainees.
Ayotte, in a letter to Defense Secretary Ash Carter, called for the release of an unclassified report, due by law in January, that would detail "prior terrorist actions and affiliations of the terrorists detained at" the US Naval Station Guantanamo Bay, Cuba, detention facility. She said the administration must share this information with Congress and not make it classified.
The letter came as the administration announced Monday the transfer of two Guantanamo Bay detainees, Salem Abdu Salam Ghereby and Omar Khalif Mohammed Abu Baker Mahjour Umar, to Senegal.
Ayotte asked for specifics about these two detainees, about Senegal's plans to hold them, how the US would assess Senegal's ability to monitor their activities and whether Senegal will be able to prevent them from leaving the country.
"Despite the fact that more than 30 percent of former Guantanamo detainees are known or suspected to have re-engaged in terrorism, and despite recent confirmation that some have even killed Americans, the administration announced the release of two more Gitmo detainees today," Ayotte said in a statement. "This administration's continued failure to provide critical information to the American people about terrorist detainees is not only unacceptable — it violates the law."
Ayotte, New Hampshire Republican facing a tough re-election fight, said she was placing the nomination for DoD general counsel, Jennifer M. O'Connor, on hold until the report is released to Congress.
"In order to encourage the Department of Defense (DoD) to submit this legally required report that was due in January, I have placed a hold on the nomination of Jennifer M. O'Connor to be DOD General Counsel," the letter reads in part. "I will lift this hold when Congress receives a report that complies with the requirements of section 1037 of the Fiscal Year 2016 National Defense Authorization Act (NDAA) (Public Law 114-92)."
This is a the second DoD nominee on hold. The SASC voted last year to advance Eric Fanning's nomination to become the new Army secretary to the full Senate, but Sen. Pat Roberts, R-Kan., placed a hold on Fanning's nomination in early November to protest President Barack Obama's ongoing campaign to close Guantanamo and transfer detainees to the United States.
On Monday, Pentagon spokesman Peter Cook said 89 detainees remain at Guantanamo Bay.
"The United States is very grateful to our partner, the Republic of Senegal, for this significant humanitarian gesture and appreciates the generous assistance of the government of Senegal as the United States continues its efforts to responsibly close the detention facility at Guantanamo Bay," Cook said.
Cook declined to comment on the terms of the agreement between Senegal and the US and the security arrangements for the two men being transferred.
Joe Gould was the senior Pentagon reporter for Defense News, covering the intersection of national security policy, politics and the defense industry. He had previously served as Congress reporter.
