Posted by Eric Posner:
Bagram, anyone?
http://volokh.com/archives/archive_2009_01_18-2009_01_24.shtml#1232643493
[1]Here is the draft executive order for shutting down Guantanamo.
Note this language (emphasis added):
Sec. 3. Closure of Detention Facilities at Guantánamo. The
detention facilities at Guantánamo for individuals covered by this
order shall be closed as soon as practicable, and no later than one
year from the date of this order. If any individuals covered by
this order remain in detention at Guantánamo at the time of
closure of those detention facilities, they shall be returned to
their home country, released, transferred to a third country, or
transferred to another United States detention facility in a manner
consistent with law and the national security and foreign policy
interests of the United States.
�Transferred to another United States detention facility��including an
American military facility, an [2]American military facility in
located in another country?
There is this:
4(c)(5) Consideration of Issues Relating to Transfer to United
States. The Review shall identify and consider legal, logistical,
and security issues relating to the potential transfer of
individuals currently detained at Guantánamo to facilities within
the United States and the review participants shall work with
Congress on any legislation that may be appropriate.
But that hardly answers the question, indeed, suggests that the answer
may be �yes.�
References
1. http://www.aclu.org/pdfs/safefree/gitmo_draft_order.pdf
2. http://en.wikipedia.org/wiki/Bagram_Theater_Internment_Facility
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