Obama administration officials ... are crafting language for 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. In a May speech, President Obama broached the need for a system of long-term detention and suggested that it would include congressional and judicial oversight. We must recognize that these detention policies cannot be unbounded. They can't be based simply on what I or the executive branch decide alone," he said. A senior Republican [Congressional] staff member said that senators have yet to see "a comprehensive, detailed policy" on long-term detention from the administration. "They can do it without congressional backing, but I think there would be very strong concerns," the staff member said, adding that "Congress could cut off funding" for any detention system established in the United States. Concerns are growing among Obama's advisers that Congress may try to assert too much control over the process. "Legislation could kill Obama's plans," said one government official involved. The official said an executive order could be the best option for the president at this juncture. Under one White House draft that was being discussed this month, according to administration officials, detainees would be imprisoned at a military facility on U.S. soil, but their ongoing detention would be subject to annual presidential review.
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