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Obama faces dwindling options in his effort to close Guantanamo Bay

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Washington Post Staff Writer
Friday, January 29, 2010

The closure of the military detention center at Guantanamo Bay, Cuba, is beginning to look like a protracted and uncertain project for the Obama administration as political, legal and security concerns limit the president's options.

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Having blown the one-year closure deadline set last January in an executive order, the administration is planning to transfer some detainees to a state prison it hopes to acquire in Illinois. But there appears to be little mood in Congress to provide the administration with either the funding for the prison or the authority to transfer detainees who will be held indefinitely.

At the same time, opposition is building to plans to transfer a number of detainees, including Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, to a civilian court in Lower Manhattan for federal trial.

"My hope is that the attorney general and the president decide to change their mind," New York Mayor Michael R. Bloomberg said this week, after having welcomed the choice of venue in November.

Facing rising local concern about disruption to life in the city, and with some estimates of security costs touching $1 billion, Bloomberg said an alternative proposal to hold a trial on a military base is a "reasonably good one."

Sen. Lindsey O. Graham (R-S.C.) plans to introduce a bill next week that would prohibit funding of a federal trial for Mohammed and other Sept. 11 defendants, in an effort to force the case into a military tribunal. An earlier such legislative effort failed, but a spokesman for Graham said that the senator has been taking the pulse of his colleagues and that "momentum has been building."

White House officials said Thursday that President Obama is committed to federal trials for Mohammed and other detainees.

"The president is committed to seeing that he's brought to justice," Bill Burton, a White House spokesman, said onboard Air Force One as Obama flew to Tampa for the day. "He agrees with the attorney general's opinion in November that he and others can be litigated successfully and [secured] in the United States of America."

Pressed about whether the White House would continue to favor a trial in New York, officials said they are not taking a position on the location. They said the decision rests with the Justice Department.

Mohammed and about 34 other detainees, who will be prosecuted in either federal court or military commissions, are, in some respects, the least of the challenges facing the administration.

Of the 192 detainees remaining at Guantanamo Bay, nearly 50 are too dangerous to release but are unprosecutable and should be held under the laws of war, according to recommendations by a Justice Department-led review of all detainee cases. The administration also has suspended the repatriation of any Yemenis cleared for release, a decision that is based on security concerns in their country but that could leave as many as 60 Yemenis in limbo.

Currently, the administration can only move detainees to the United States for prosecution, repatriate them or transfer them to a third country for resettlement. That leaves no clear answer on how to handle detainees held indefinitely and the Yemenis.


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