This will get ugly:
The Obama administration, fearing a battle with Congress that could stall plans to close Guantanamo, has drafted an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely, according to three senior government officials with knowledge of White House deliberations.
Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that bypassing Congress could place the president on weaker footing before the courts and anger key supporters, the officials said.***
One administration official suggested the White House was already trying to build support for an executive order.
“Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order,” the official said. Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should either be prosecuted or released.
The Justice Department has declined to comment on the prospects for a long-term detention system while internal reviews of Guantanamo detainees are underway. The reviews are expected to be completed by July 21.
Not only will this infuriate a certain portion of Obama’s base, but using an executive order for this also completely undercuts any defense regarding his inaction on DADT. I’m not sure what will be funnier- the hysterics of the PUMA crowd or the idiots on the right wing who will crow that Bush has been vindicated, completely missing that the executive order will be issued in order to help Obama repudiate Bush’s handling of Gitmo.
Either way, this will be a long week.
*** Update ***