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Officials near decision to close Gitmo

Pending legislation would designate Fort Leavenworth as the new detention facility.

By MATTHEW LEE
The Associated Press

WASHINGTON - The Bush administration is nearing a decision to close the Guantanamo Bay detention facility and move the terror suspects there to military prisons elsewhere, The Associated Press has learned.

President Bush’s national security and legal advisers are expected to discuss the move at the White House on Friday and, for the first time, it appears a consensus is developing, senior administration officials said Thursday.

The advisers will consider a new proposal to shut the center and transfer detainees to one or more Defense Department facilities, including the maximum security military prison at Fort Leavenworth in Kansas, where they could face trial, said the officials. They spoke on condition of anonymity because they were discussing internal deliberations.

Officials familiar with the agenda of the Friday meeting said Vice President Dick Cheney, Secretary of State Condoleezza Rice, Defense Secretary Robert Gates, Attorney General Alberto Gonzales, Homeland Security chief Michael Chertoff, National Intelligence Director Mike McConnell and Joint Chiefs of Staff chairman Gen. Peter Pace were expected to attend.

It was not immediately clear if the meeting would result in a final recommendation to Bush.

Previous plans to close Guantanamo have run into resistance from Cheney, Gonzales and former Defense Secretary Donald Rumsfeld. But officials said the new suggestion is gaining momentum with at least tacit support from the State and Homeland Security departments, the Pentagon, and the Intelligence directorate.

Cheney’s office and the Justice Department have been dead set against the step, arguing that moving “unlawful” enemy combatant suspects to the U.S. would give them undeserved legal rights.

They could still block the proposal, but pressure to close Guantanamo has been building since a Supreme Court decision last year that found a previous system for prosecuting enemy combatants illegal. Recent rulings by military judges threw out charges against two terrorism suspects under a new tribunal scheme.

Those decisions have dealt a blow to the administration’s efforts to begin prosecuting dozens of Guantanamo detainees regarded as the nation’s most dangerous terror suspects.

In Congress, recently introduced legislation would require Guantanamo’s closure. One measure would designate Fort Leavenworth as the new detention facility.

Another bill would grant new rights to those held at Guantanamo Bay, including access to lawyers regardless of whether the prisoners are put on trial. Still another would allow detainees to protest their detentions in federal court, something they are now denied.

Gates, who took over the Pentagon after Rumsfeld was forced out last year, has said Congress and the administration should work together to allow the U.S. to permanently imprison some of the more dangerous Guantanamo Bay detainees elsewhere so the facility can be closed.

Military officials told Congress this month that the prison at Fort Leavenworth has 70 open beds and that the brig at a naval base in Charleston, S.C., has space for an additional 100 prisoners.

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