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骋耻补苍迟谩苍补尘辞: Is Obama's vow to close detention camp facing a reality check?

Obama insists that the US terror detention camp at 骋耻补苍迟谩苍补尘辞 can close. But new obstacles are emerging in a defense bill passed by Congress and his own plan to detain suspects indefinitely.

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Brennan Linsley/AP/File
US military guards walk within Camp Delta military-run prison, at the Guantanamo Bay US Naval Base, Cuba, on June 27, 2006.

President Obama鈥檚 pledge to close the US terror detention camp at 骋耻补苍迟谩苍补尘辞 is now facing its most significant obstacle. On Wednesday, Congress gave final approval to a defense authorization bill that includes a provision blocking transfer of any 骋耻补苍迟谩苍补尘辞 detainees to the US 鈥 even to face a criminal trial.

At the same time, the Obama administration is working on an executive order authorizing the indefinite detention of certain terrorism suspects the administration deems too difficult to put on trial but too dangerous to release.

The combination of executive and legislative action suggests that 骋耻补苍迟谩苍补尘辞 may remain an important fixture in American antiterrorism efforts 鈥 despite assertions by Mr. Obama and others that 骋耻补苍迟谩苍补尘辞 has become an effective recruiting tool for Al Qaeda.

IN PICTURES: Life at Guantanamo Bay Detention Camp

鈥淢y No. 1 priority is keeping the American people safe,鈥 Obama said during a year-end press conference in Washington on Wednesday.

He suggested that he has not given up on his plan to close the detention facility at the US Naval base in Cuba. 鈥淚 think we can do just as good a job housing them somewhere else,鈥 he said.

The president said closing the prison camp would undercut the negative symbolism of 骋耻补苍迟谩苍补尘辞 with a more positive message that the US is 鈥渓iving up to our values and our ideals and our principles.鈥

In the meantime, the administration鈥檚 plan to formalize an indefinite detention regime for certain detainees at 骋耻补苍迟谩苍补尘辞 is drawing criticism from human rights and civil libertarian groups.

鈥淲e have serious concerns about any order that would institutionalize indefinite detention for 骋耻补苍迟谩苍补尘辞 detainees,鈥 said American Civil Liberties Union Washington director Laura Murphy, in a statement. 鈥淲here credible evidence exists against 骋耻补苍迟谩苍补尘辞 detainees, they should be charged and prosecuted under our criminal justice system.鈥

Obama said a team within his administration has been working to find the right balance between security and legal safeguards for terrorism suspects.

鈥淩eleasing [certain Guantanamo detainees] at this stage could potentially create greater danger for the American people,鈥 the president said. 鈥淭hat鈥檚 what this team has been looking at: Are there ways for us to make sure these folks have lawyers, to make sure that these folks have the opportunity to challenge their detention, but at the same time making sure that we are not simply releasing folks who could do us grievous harm.鈥

Of the 174 detainees at 骋耻补苍迟谩苍补尘辞, the administration has cleared 90 for transfer to other countries. Thirty-six have been designated for possible prosecution. The remaining 48 are to be held indefinitely without trial.

Congress's passage of a provision preventing any transfer of 骋耻补苍迟谩苍补尘辞 detainees to the US, even to stand trial, is also drawing fire.

Tom Malinowski, Washington director of Human Rights Watch, called the measure 鈥渁 reckless and irresponsible affront to the rule of law.鈥

鈥淏y hindering the prosecution of 骋耻补苍迟谩苍补尘辞 detainees in federal court, Congress has denied the president the only legally sustainable and globally legitimate means to incarcerate terrorists,鈥 he said.

The defense authorization provision effectively blocks efforts by Attorney General Eric Holder to bring alleged 9/11 mastermind Khalid Sheikh Mohammed and other Al Qaeda suspects to the US to stand trial in federal court.

IN PICTURES: Life at Guantanamo Bay Detention Camp

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