On January 22, 2009, President Obama signed an Executive Order that, among other things, ordered the detention facilities at Guantanamo Bay closed. The order states:
According to Michael Isikoff of Newsweek, since Congress has included a rider in an appropriations bill that would prevent the transfer of any detainees from Guantanamo to US soil for any purpose other than putting them on trial, and with midterm elections looming, it is increasingly unlikely that this rider will be removed.
Given this, the President is faced with the option of releasing the detainees to their home countries, finding a third party that is willing to take them, amending his previous Executive Order, or sitting in violation of his own law.
As reported in the Wall Street Journal, “The revelation that former detainees now based in Yemen were involved in planning the Christmas attack in Detroit prompted the administration to announce a halt to repatriation of Yemenis.” Therefore, the option to return many detainees to their home countries has been seemingly eliminated.
Additionally, it is unlikely that the President will be able to find third party nations to accept these detainees, given that over the past year previous attempts have generated little success. Facing this reality, and the fact that the President cannot realistically sit in violation of his own Executive Order, the President will be forced to either release the detainees currently at Guantanamo, or amend his original Executive Order. Both of these options present political victories for the Republicans, making the prospect of ever closing Guantanamo seem even more remote.
The detention facilities at Guantanamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantanamo 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.
According to Michael Isikoff of Newsweek, since Congress has included a rider in an appropriations bill that would prevent the transfer of any detainees from Guantanamo to US soil for any purpose other than putting them on trial, and with midterm elections looming, it is increasingly unlikely that this rider will be removed.
Given this, the President is faced with the option of releasing the detainees to their home countries, finding a third party that is willing to take them, amending his previous Executive Order, or sitting in violation of his own law.
As reported in the Wall Street Journal, “The revelation that former detainees now based in Yemen were involved in planning the Christmas attack in Detroit prompted the administration to announce a halt to repatriation of Yemenis.” Therefore, the option to return many detainees to their home countries has been seemingly eliminated.
Additionally, it is unlikely that the President will be able to find third party nations to accept these detainees, given that over the past year previous attempts have generated little success. Facing this reality, and the fact that the President cannot realistically sit in violation of his own Executive Order, the President will be forced to either release the detainees currently at Guantanamo, or amend his original Executive Order. Both of these options present political victories for the Republicans, making the prospect of ever closing Guantanamo seem even more remote.