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Robert Farley
By Robert Farley January 22, 2009
Back to Close the Guantanamo Bay Detention Center

Executive Order to close Gitmo

On his second full day in office, President Obama issued an executive order to review the disposition of prisoners being held at the naval base at Guantanamo Bay, Cuba, and ordered that the detention facility be closed within a year.

According to the administration, closure of the facility is the ultimate goal.  The order establishes a review process with the goal of disposing of the detainees before closing the facility.
 
According to the White House, "The Order sets up an immediate review to determine whether it is possible to transfer detainees to third countries, consistent with national security.  If transfer is not approved, a second review will determine whether prosecution is possible and in what forum.  The preference is for prosecution in Article III courts or under the Uniform Code of Military Justice (UCMJ), but military commissions, perhaps with revised authorities, would remain an option.  If there are detainees who cannot be transferred or prosecuted, the review will examine the lawful options for dealing with them.  The Attorney General will coordinate the review and the Secretaries of Defense, State, and Homeland Security as well as the DNI and the Chairman of the Joint Chiefs of Staff will participate."
 
The order also requires that conditions of confinement at Guantanamo, until its closure, comply with the Geneva Conventions.

"The message that we are sending the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly and we are going to do so effectively and we are going to do so in a manner that is consistent with our values and our ideals," Obama said after signing the order.

The executive order clearly comports with Obama's campaign pledge to close Gitmo, and now sets the timeline for one year. But there is still work to be done, and until the detention center actually closes, we'll keep the status at In the Works.