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White House Is Drafting Executive Order to Allow Indefinite Detention; Move Would Bypass Congress

In this pool photo, reviewed by the U.S. military, and shot through glass, a guard watches over Guantanamo detainees inside the exercise yard at Camp 5 detention facility at Guantanamo Bay U.S. Naval Base, Cuba, on May 31, 2009. (Brennan Linsley/AFP/Getty Images)

The Obama administration, fearing a battle with Congress that could stall plans to close Guantanamo, is drafting an executive order that would reassert presidential authority to incarcerate suspected terrorists indefinitely, according to three senior government officials with knowledge of White House deliberations.