Obama Considers Detaining Terror Suspects Indefinitely

By EVAN PEREZ

http://online.wsj.com/article/SB124223286506515765.html#

WASHINGTON -- The Obama administration is weighing plans to detain 
some terror suspects on U.S. soil -- indefinitely and without trial 
-- as part of a plan to retool military commission trials that were 
conducted for prisoners held in Guantanamo Bay, Cuba.

The proposal being floated with members of Congress is another 
indication of President Barack Obama's struggles to establish his 
counter-terrorism policies, balancing security concerns against 
attempts to alter Bush-administration practices he has harshly 
criticized.

On Wednesday, the president reversed a recent administration decision 
to release photos showing purported abuse of prisoners at U.S. 
military facilities in Iraq and Afghanistan. Mr. Obama cited concern 
that releasing the pictures could endanger U.S. troops. Mr. Obama 
ordered government lawyers to pull back an earlier court filing 
promising to release hundreds of photos by month's end as part a 
lawsuit brought by the American Civil Liberties Union.

The decision to block the detainee photos contrasts with the 
administration's release last month of Bush-era Justice Department 
memorandums outlining the interrogation tactics used on prisoners by 
the Central Intelligence Agency. The release of the memos set off a 
heated political fight, with supporters of the Bush administration 
accusing the Obama White House of endangering the country and some of 
the current president's supporters calling for criminal probes of 
those responsible for the interrogation policies.

The administration's internal deliberations on how to deal with 
Guantanamo detainees are continuing, as the White House wrestles with 
how to fulfill the president's promise to shutter the controversial 
prison. But some elements of the plans are emerging as the 
administration consults with key members of Congress, as well as with 
military officials, about what to do with Guantanamo detainees.

Sen. Lindsey Graham (R., S.C.), who met this week with White House 
Counsel Greg Craig to discuss the administration's plans, said among 
the proposals being studied is seeking authority for indefinite 
detentions, with the imprimatur of some type of national-security 
court.

Sen. Graham said he wants to work with the administration to pass 
legislation to increase judicial oversight of military commissions, 
but noted the legal difficulties that would arise.

"This is a difficult question. How do you hold someone in prison 
without a trial indefinitely?" Sen. Graham said. [Not so difficult. 
You don't.--MCM]

The White House had no comment Wednesday about its detainee deliberations.

The idea of a new national security court has been discussed widely 
in legal circles, including by Bush administration Attorney General 
Michael Mukasey and Neal Katyal, a former Georgetown law professor 
and now Obama Justice Department official.

Defense Secretary Robert Gates, at a hearing last month, hinted at 
the administration's deliberations, saying that there were "50 to 100 
[detainees] probably in that ballpark who we cannot release and 
cannot trust, either in Article 3 [civilian] courts or military 
commissions."

The administration's move to block the release of military detainee 
photos was welcomed by Republicans in Congress and by some military 
family groups but condemned by the ACLU and others.

Mr. Gates, Gen. David Petraeus and Adm. Mike Mullen, the chairman of 
the Joint Chiefs of Staff, had all raised concerns with the White 
House about releasing the detainee photos. Mr. Gates and the 
commanders worried that the pictures would spur new anti-American 
violence in Iraq and Afghanistan.

-Yochi J. Dreazen contributed to this article.

Write to Evan Perez at [email protected]
Printed in The Wall Street Journal, page A4


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