It’s in effect–with Barack Obama presiding over it:
The Obama administration, fearing a battle with Congress that could stall plans to close the U.S. prison at Guantanamo Bay, is 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. Obama advisers are concerned that an order, which would bypass Congress, could place the president on weaker footing before the courts and anger key supporters, the officials said.
After months of internal debate over how to close the military facility in Cuba, White House officials are increasingly worried that reaching quick agreement with Congress on a new detention system may be impossible. Several officials said there is concern in the White House that the administration may not be able to close the prison by the president’s January deadline.
White House spokesman Ben LaBolt said that there is no executive order and that the administration has not decided whether to issue one. But one administration official suggested that the White House is already trying to build support for an order.
“Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order,” the official said. Such an order could be rescinded and would not block later efforts to write legislation, but civil liberties groups generally oppose long-term detention, arguing that detainees should be prosecuted or released.
These same civil liberties groups should remember that Presidents almost never give up powers that they successfully claim. I’d be shocked if Barack Obama turned out to be the exception to that rule. Thus far, he hasn’t been.
As Glenn Reynolds might put it, “They told me that if I voted for John McCain, George W. Bush would practically get a third term. And they were right!”