Obama Administration Drafting Executive Order on Indefinite Detention

The Washington Post is reporting late on Friday afternoon that the Obama Administration is drafting an executive order aimed at reasserting Presidential authority to incarcerate terrorism suspects indefinitely. The story in the Post is written by Dafna Linzer and Peter Finn and it cites three unnamed senior government officials with knowledge of the deliberations inside the West Wing.

Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that bypassing Congress could place the president on weaker footing before the courts and anger key supporters, the officials said.

After months of internal debate over how to close the facility in Cuba, White House officials are increasingly worried that reaching quick agreement with Congress on a new detention system may be impossible. Several officials said there is concern in the White House that the administration may not be able to close the facility by the president's January deadline.

White House spokesman Ben LaBolt said there is no executive order and that the administration has not decided whether to issue one. But one administration official suggested that the White House was already trying to build support.

"Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order," the official said. Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should be prosecuted or released.

The Justice Department has declined to comment on the prospects for a long-term detention system while internal reviews of Guantanamo detainees are underway. One task force, which is assessing detainee policy, is expected to complete its work by July 21.

The article goes on to note that the Obama Administration has chosen not to push for the creation of a "national security court" that would supervise the incarceration of detainees deemed too dangerous to release for fears that such a court might be too politically divisive.

Tags: Executive Order, Guantánamo Bay Detention Camp, Indefinite Detention, Obama Administration, Presidential Powers (all tags)

Comments

8 Comments

sorry

I didn't see that you posted this a couple of minutes before I posted about Waxman-Markey. Didn't mean to blogstomp you there.

Could you repost this diary later tonight? This is an important subject.

by desmoinesdem 2009-06-26 03:25PM | 0 recs
Re: sorry

No worries on my part. Yours is a breaking news item.

by Charles Lemos 2009-06-26 04:07PM | 0 recs
What an evil mess this is....

God, just F*ck Bush and Cheney and their cronies all to hell and back, is there a clean way out of this?

I do think Obama and his people had no idea how deep was the rabbit hole, how much abuse and extra legal stuff was done, and unholy a mess this would be to try to untangle, till the saw all the details.

Seriously, I don't believe in God, because any just Diety would have burned Dick Cheney into a miserable cinder by now.

by WashStateBlue 2009-06-26 04:02PM | 0 recs
Re: What an evil mess this is....

Yup. It is an unholy mess.

by Charles Lemos 2009-06-26 04:09PM | 0 recs
Re: What an evil mess this is....

Vote for Philadelphia II @ WWW.NI4D.US.

by LonesomeLoser 2009-06-26 04:14PM | 0 recs
by Menemshasunset 2009-06-27 10:35AM | 0 recs
Obama got himself into this fix

Just a couple of months ago, Jim Webb (D-VA) told George Stephanopolous on ABC's "This Week", that the President needed to reconsider his idea to close down Gitmo. As Senator Webb pointed out, it's a state-of-the-art facility, and will prevent these animals from launching yet another attack on America. The idea of closing it down was nothing more than an effort to keep a campaign promise to the more radical elements in our party, and I can understand his motivation...we all know how politics works. But now is the time for governing, not campaigning; Obama should listen to good sensible Democrats like Jim Webb.

Obama is the President now; not George Bush, and not Dick Cheney. He needs to take ownership of these issues.

by BJJ Fighter 2009-06-27 09:14PM | 0 recs
Stupid Liberals

demanding the closing of Gitmo.

by DTOzone 2009-06-28 11:33AM | 0 recs

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