Obama mulls indefinite prison stays

Published: Sunday | June 28, 2009


WASHINGTON (AP):

The White House is considering whether to issue an executive order to indefinitely imprison a small number of Guantanamo Bay detainees, concerned that Congress might otherwise stymie its plans to quickly close the naval prison in Cuba.

Under the proposal, detainees considered too dangerous to prosecute or release would be kept in confinement in the United States (US) or possibly overseas, two administration officials said Friday. Otherwise, the White House could get bogged down for months seeking agreement with Congress on a new legal detention system.

No final decisions have been made about the order, which would be the fourth major mandate by President Barack Obama to deal with how the US treats and prosecutes terror suspects and foreign fighters.

indefinite detentions

One of the officials said the order, if issued, would not take effect until after the October 1 start of the 2010 fiscal year. Already, Congress has blocked the administration from spending any money this year to imprison the detainees in the US - which, in turn, could slow or even halt Obama's pledge to close the prison by January 21.

The administration also is consi-dering asking Congress to pass new laws that would allow the indefinite detentions, the official said.

Both the officials spoke Friday on condition of anonymity because they were not authorised to discuss the still-tentative issue publicly. The possibility of an executive order was first reported by the investigative group ProPublica and The Washington Post.

Christopher Anders, senior legislative counsel for the American Civil Liberties Union Washington office, says the organisation strongly opposes any plans for indefinite detention of prisoners.

"We're saying it shouldn't be done at all," he said Friday.

Without legislative backing, an executive order is the only route Obama has to get the needed authority.

In a statement Friday night, Senate Republican Leader Mitch McConnell cast doubt that Congress would approve funding for transferring or imprisoning detainees in the US without detailed plans on how it would work.

Lawmakers this month blocked $80 million the Obama administration had requested for transferring the detainees. Without the money, Obama's order can't be carried out.