White House Denies Indefinite Detention Order
The Washington Post was in error when it recently stated that the President has an executive order in the hopper that will make the detention of Guantanamo detainees indefinite — read permanent.
CLICK HERE TO READ THE AFP “CORRECTION” OF THE WASHINGTON POST’S ERRONEOUS ARTICLE
This is the sticky aspect of the entire mess created by Bush torture policies. There are up to 90 detainees who are deemed a danger. Presumably because we used illegal tactics to elicit information (aka torture) these people cannot be tried without invalidating decent evidence due to the poisoned process.
So it is a conundrum and there may indeed be an eventual need for an executive order if Congress and the President cannot agree on a plan. The President intends to meet with Congress in July to advance the process.
No one said this would be easy and there is no way to reverse the damage done by the Bush illegalities. My own sense is that if the confession of a detainee was obtained under duress, making a trial impossible, there needs to be some process which brings a case to closure. Two wrongs do not make a right. But indefinite detention without trial is a wrong that rivals or even exceeds torture. It is unacceptable.
There is one other possibility. Congress might pass legislation that explicitly renders evidence obtained under duress inadmissable, forcing a process that would in essence try these 90 hard cases de novo. I am sure legal heads can arrive as some solution that is better than indefinite detention.