Obama Administration Drafting Executive Order on Indefinite Detention
by Charles Lemos, Fri Jun 26, 2009 at 03:21:27 PM EDT
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 Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should be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.






