Islamic State detainees sent to Guantanamo under plan
WASHINGTON — The Trump White House is nearing completion of an order that would direct the Pentagon to bring future Islamic State detainees to the Guantanamo Bay prison, despite warnings from national security officials and legal scholars that doing so risks undermining the effort to combat the group, according to administration officials and a draft executive order obtained by the New York Times.
The latest version of the draft, which circulated this week, would direct Defense Secretary James Mattis to use Guantanamo to detain suspected members of “al Qaeda, the Taliban, and associated forces, including individuals and networks associated with the Islamic State.”
The White House has kept similar language in the draft order despite warnings from career government national security officials that carrying out its plan would give federal judges an opportunity to reject the executive branch’s theory that the war against the Islamic State is legal, even though Congress never explicitly authorized it.