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Detainees' Fate Key In Gitmo Closure

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The Washington Post

Published: July 5, 2008

WASHINGTON - WASHINGTON - The Bush administration is developing a long-range plan to empty the Guantanamo Bay military prison that could include asking Congress to spell out procedures for housing scores of suspected terrorists who the government does not plan to bring to trial, administration officials said Thursday.

Under one scenario being considered by President Bush's Cabinet, about 80 detainees would remain at Guantanamo Bay to be tried by military commissions and about 65 others would be turned over to their native countries, according to several sources familiar with the talks, who declined to be identified because of the sensitivity of the issue.

The focus of intensifying debate, however, is what to do with about 120 remaining prisoners, who are viewed by the administration as too dangerous to release but are unlikely to be brought before military commissions because of a lack of evidence.

Officials are considering whether to propose legislation in coming days that would establish legal procedures for such prisoners, who could be transferred to military or civilian prisons on the U.S. mainland, sources said.

The debate follows a Supreme Court ruling last month that gave Guantanamo detainees the right to challenge their imprisonment in U.S. civilian courts.

Senior administration officials have been scrambling since then to formulate a response, including holding Cabinet-level meetings on the topic this week, officials said.

Bush has said for at least two years that he would like to close the Guantanamo Bay prison, but he and his aides stressed this week that no such decision has been made.

Instead, officials said, the administration's debate is focused on what steps would be necessary for such a closure, including moving scores of terrorism suspects to other U.S. detention facilities.

"We're analyzing the decision and how to move forward, and there's no decision that is imminent on Guantanamo," Bush said. "But nevertheless, we have an obligation to live under the law, so we are fully analyzing the impact of the law. ... We'll get it done as quickly as possible."

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