A three-page draft of the executive order titled "Detention and Interrogation of Enemy Combatants" shows the Trump administration is seeking to review whether prisons outside the United States should be reopened. White House draft order calls for review on use of CIA ‘black site’ prisons overseas
Executive Order?Detention and Interrogation of Enemy Combatants
Detention and Interrogation of Enemy Combatants
Gur Nation remains engaged in a global armed con?ict with 1313, al Qaeda, the Taliban, and
other associated international jihad-ist-Islamist terrorist groups. This con?ict is not of our
choosing, but was declared against us by the jihedist-terrorist organizations groupsthat have
plotted and carried out mass attacks against the United States its citizens, and its allies beginning
well before the atrocities of September 1 l, 201 and continuing to this day Clur web-this?g?iobai
con?rms that the effective defense of our Netiorrhomeland and our
national interests depends upon the ability of the United States acting in accordance with our
Constitution, our laws, and our international commitments, to obtain critical intelligence
information about developing threats. Experience has also shown that obtaining critical
intelligence information is vital to taking determined offensive action, including military action,
against those groups that make war on us and that are actively plotting further attacks.
While there has been continuity in many of the military and intelligence policies of the United
States in the global?wesee?ie?erisms?ght against radical Islamism. the United States has
refrained from exercising certain authorities critical to its defense. On January 22, 20W,
President Obama ordered a halt to all classi?ed intelligence interrogations by the Central
Intelligence Agency, including the use of interrogation policies authorized by Congress.
President Ubama also ordered an end to the detention of alien enemy combatants at Guantanamo
Bay Naval Base (Guantanamo). There also occurred an extended interruption in the military
commission process for the trial of alien enemy combatants who committed heinous acts.
Furthermore, the Nation?s most sensitive classified interrogation methods were exposed to the
enemy through public disclosures, and the Attorney General reopened criminal probes into the
actions of intelligence of?cers, which had a predictably negative impact on the morale of our
Congress recently imposed further restrictions on the ability of the Central Intelligence Agency
to maintain an effective and Iaw?rl interrogation program. The National Defense Authorization
Act for the Fiscal Year 2016 (NDAA) codi?es some of the restrictions in President Obama?s
Executive Order by prohibiting anyone in ?the custody or under the effective control of an
of?cer, employee or other agent of the United States Govemment? or anyone ?detained within a
facility owned, operated, or controlled by a department or agency of the United States, in any
armed conflict" from being interrogated using any interrogation technique that is not contained
in the Army Field Manual 2-22.31. The NDAA further provides that the Army Filed Manual shall
not include techniques using ?force," and that it shall be public, and thereby, requires that the
United States publicly identify the interrogation techniques it might employ against terrorists in
the custody of the LLB. military or intelligence of?cials. The thus provides a signi?cant
statutory barrier to the resumption of the CIA interrogation program.
Executive Order?Detention and Interrogation of Enemy Combatants
DETENTIDN AND WTERRDGATION 0F ENEMY COMBATANTS
By the authority vested in me as President by the Constitution and the laws of the United States
of America, it is hereby ordered as follows:
Section 1. Revocation of Executive Orders. Executive Drders 13491 and 13492 of January 22,
2009, are revoked, and Executive Order 13440 is reinstated to the extent permitted by law.
See. 2. Findings. After the terrorist attacks on September 11, 2001, the United States
determined that it would detain at the US. Naval Station, Guantanamo Bay, aliens who were part
of or supporting al Qaeda, the Taliban, and associated forces, and who had engaged in hostilities
against the United States, its citizens, its allies, or its coalition partners.
The detention facilities at United States Naval Station, Guantanamo Bay, are legal, safe, and
humane, and are consistent with international conventions regarding the laws of war.
Over 30 percent of detainees released from Guantanamo have returned to armed con?ict,
according to unclassified reporting. This group of detainees includes at least 12 individuals
released from Guantanamo who have conducted attacks against US. personnel or allied forces in
Afghanistan, killing six Americans, including a civilian aid worker.
It is in the intemsts of the United States that the executive branch ensures the continuation of
the detainee facilities at Guantanamo Bay as a critical tool in the ?ght against international
I jihadist?terreristradical Islamist groups who are engaged in armed con?ict with the United States.
its allies, and its coalition partners and who threaten the national security of the United States.
See. 3. Continuing State of Armed Con?ict with Internationoi Terrorist Groups- The United
States remains engaged in a global armed con?ict with al Qaeda, the Taliban, and associated
forces, including with members of the Islamic State in Iraq and Syria, and with those who fight
on behalf of or provide substantial support to or harbor such groups in furtherance of hostilities
against the United States, its citizens, or its coalition partners.
Sec. 4. Military Detention ofAiien Enemy Combatants at Guantanamo Boy Naval Base.
Subject to further direction from the President and consistent with the requirements of law,
the Secretary of Defense shall maintain and continue to use the detention and trial facilities at
Guantanamo Bay Naval Base for the detention and trial by military commission of alien enemy
combatants captured in the armed conflict described in section 3 of this order, including for the
detention and trial of newly captured alien enemy combatants, as appropriate.
The Secretary of Defense shall suspend any existing transfer efforts pending a new review as
to whether any such transfers are in the national security interests of the United States.
Nothing in this order shall supersede the authority of the Secretary of Defense to detain
enemy combatants in other facilities available to the United States for the lawful custody of
Sec. 5. Review interrogation Policies. The Secretary of Defense, in consultation
with the Attorney General and other senior national security o?icers as appropriate, shall review
the interrogation policies set forth in the Anny Field Manual 2-22.} of September 6, 2005, and
shall make such modifications in and additions to those policies, as consistent with the law, for
the safe, Iaw?rl, and effective interrogation of enemy combatants captured in the global-omen
terrorismtig ht against radical lslamism.
Sec. ti. Poiicy Review Concerning Enemy Combatants Captured By Law Enforcement Agencies
oftne United States. The Attorney General, in consultation with the Secretary of Defense, the
Secretary of Homeland Security, and the Director of National Intelligence, shall review the
policies and procedures set forth in Presidential Poiicy Directive 14 of February 23, 2012
and shall recommend to the President any modi?cations to that he determines are
necessary, lawful, and appropriate. Such review and recommendations shall be completed
within 120 days from the date of this order.
See. Poiicy Review and Recommendations Concerning a Program of interrogation Operated
by the Centroi intelligence Agency. The Director of National Intelligence, in consultation with
the Attorney General, the Director of the Central Intelligence Agency, and other senior national
security officers as appropriate, shall review the current intelligence needs of the United States in
the global?sver?omeereeism?ght against radical Islamisrn and shall:
recommend to the President whether to reinitiate a program of interrogation of high-value
alien terrorists to be operated outside the United States and whether such program should include
the use of detention facilities operated by the Central Intelligence Agency
(is) recommend to the President any Updates or modifications to Executive Order 13440 of
July 20, 200?, that the Director deems necessary or appropriate;
recommend any legislative proposals that would be necessary to protect our national security
and to permit the resumption of an effective and lawful interrogation program.
See. 8. Poiicv rReview ono? Concerning
The Secretarv ot'ngefense, in consultation with the aAttomev gGenertLl,
and-the dDirector oanational ilntelligence. and other senior national security of?cers as
appropriate. sha_ll review the commissions svptem
recommend to the President how hop! to emplov the to provide for the
swift and iust trial and punishment of meant?unlawful enemy combatants detained in the armed
con?ict with violent Islamic extremists.
I See. 98. Standards of Treatmentfor Enemy Combatants. No person in the custody of the
United States shall at any time be subjected to torture or cruel, inhuman, or degrading treatment
or punishrnent, as proscribed by US. law.
The detention, treatment, interrogation, and transfer of enemy combatants in the global?war
eat??ght against radical Islamism terrorism-by of?cers, employees, and other agents of the United
States shall comply with all laws of the United States.
See. 109. General Provisions-
Nothing in this order shall be construed to impair or otherwise affect:
the authority granted by law to an executive department, agency, or the head thereof;
(ii) the functions of the Director of the Df?ce of Management and Budget relating to
budgetary, administrative, or legislative proposals.
This order shall be implemented consistent with applicable law and subject to the
availability of appropriations.
This order is not intended to, and does not, create any right or bene?t, substantive or
procedural, enforceable at law or in equity by any party against the United States, its
departments, agencies, or entities, its of?cers, employees, or agents, or any other person.