Obama to Hold Detainees Under Law Used by Bush

September 25, 2009

(ChattahBox)—According to the New York Times, the Obama administration has decided to continue to hold about 50 dangerous detainees without charges at Guantánamo Bay, based on the Congressional “use of force resolution” used by the Bush administration. But the Obama administration is not embracing the Bush administration’s controversial expansion of the law, as a basis to hold detainees indefinitely.

It was thought that the Obama administration would seek additional legislative authority from Congress to continue to hold about 50 prisoners, whom have been classified, as posing a danger to national security but for various reasons, cannot be brought to trial.

But the Justice Department announced on Wednesday that it would continue to hold the prisoners under current Congressional authority. “[T]he administration would rely on authority already provided by Congress” under the use of force resolution, said the department.

“The administration is not currently seeking additional authorization,” sad the Justice Department in a released statement. The Justice Department noted the cases of detainees held without charges, would continue to be reviewed by the courts through habeas corpus hearings.

As noted by the NY Times: “Given the opposition in Congress to Mr. Obama’s plan to close Guantánamo, especially if it means transferring detainees to prisons on American soil, the prospect of writing legislation that would pass both houses appears daunting at best.”

The administration said, it’s undecided if new legislation would be sought for the indefinite detention of suspected terrorists captured in the future.


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