Congress’ new terrorism rules leave open questions
After a bruising battle in Congress, the Obama administration retained the right to investigate and try suspected terrorists in civilian courts. But officials say newly enacted legislation raises a host of questions that will complicate and could harm the investigation of terrorism cases.
During a struggle that began last May and ended this past week in a compromise defense bill, the administration waged an uphill fight against a majority of Republicans and some Democrats trying to expand the role of the military while reducing the role of civilian courts in the fight against terrorism.
It was the latest effort by conservatives to keep open the U.S. military prison facility at Guantanamo Bay, Cuba, to place terrorism suspects in indefinite detention and to designate military commissions as the preferred alternative to civilian courts for meting out justice.
In the end, the administration came away with one major victory. Gone from the defense bill during House-Senate negotiations was a provision that would have eliminated executive branch authority to use civilian courts for trying terrorism cases against foreign nationals.