Pres. Obama today issued an executive order to begin the closure of the Guantanamo Bay camp. What exactly it means really remains to be seen. The order says that the camp is to be closed within a year; it stops all pending military commission proceedings and bars any further such proceedings, pending a review of each individual detainee. That review will be conducted by a committee chaired by the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, and possibly others to be identified later.
This committee will review the cases to determine “whether it is possible to transfer or release the individuals consistent with the national security and foreign policy interests of the United States.” Those who cannot be “transferred” or released will be subject to further evaluation to determine “whether the Federal Government should seek to prosecute the detained individuals…including whether it is feasible to prosecute such individuals before a court established pursuant to Article III of the United States Constitution.” Anyone that the review committee decides cannot be “transferred,” released, or tried, will be subject to “disposition” by “lawful means, consistent with the national security and foreign policy interests of the United States and the interests of justice.”
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