With Congress preparing to forbid the closure of Guantánamo Bay and ban the transfer of detainees to the U.S., the Obama administration may use an executive order to formalize the policy and practice of indefinite detention without trial for suspected terrorists.

 

The White House has wanted since President Barack Obama took office to shutter the prison at Guantánamo and transfer detainees to federal prisons, either to await trial in a civilian court or remain behind bars indefinitely. But lawmakers have steadfastly balked at this plan, and have inserted language into a defense authorization bill that would prevent the administration from closing Guantánamo and resettling some detainees in other countries.

 

There are 174 detainees still at the prison in Cuba, including 48 whose cases have been contaminated by the use of torture, but who are deemed too dangerous to release.

 

Under Obama’s executive order, detainees would be allowed to challenge their incarceration periodically, possibly every year. During the Bush administration, detainees could go before military review panels with “personal representatives” who explained the process but could not act as lawyers, according to The Washington Post.

-Noel Brinkerhoff

 

Indefinite Detention Possible for Suspects at Guantanamo Bay (by Peter Finn and Anne E. Kornblut, Washington Post)

Justice Dept. Task Force Says 47 Guantánamo Prisoners Should be Held without Trial (by Noel Brinkerhoff, AllGov)