WASHINGTON — President Barack Obama will restart Bush-era military tribunals for a small number of Guantanamo detainees, reviving a fiercely disputed trial system he once denounced but with new legal protections for terrorism suspects, U.S. officials said Thursday.
Obama suspended the tribunals within hours of taking office in January, ordering a review but stopping short of abandoning President George W. Bush’s strategy of prosecuting suspected terrorists.
The military trials will remain frozen for another four months as the administration adjusts the legal system that is expected to try fewer than 20 of the 241 detainees currently at the U.S. naval detention center at Guantanamo Bay, Cuba. Thirteen detainees — including five charged with helping orchestrate the Sept. 11, 2001, attacks — are already in the tribunal system.
The changes to the system were to be announced today. Two senior administration officials outlined several of the rules changes, which will be carried out by executive authority, to The Associated Press on Thursday night. They include:
• Restricting hearsay evidence that can be used in court against the detainees.
• Banning all evidence obtained through cruel, inhuman or degrading treatment. This would include statements given from detainees who were subjected to waterboarding.
• Giving detainees greater leeway in choosing their own military counsel.
• Protecting detainees who refuse to testify from legal sanctions or other court prejudices.
The White House may seek additional changes to the military commissions law over the next 120 days, but it was not immediately clear Thursday what they could include. The two senior administration officials spoke on condition of anonymity because Obama had not announced the changes.
