Executive Orders

Presidential Executive Order on Protecting America Through Lawful Detention of Terrorists
National Security & Defense

Issued on: January 30, 2018

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.

Findings.

  • (a)  Consistent with long-standing law of war principles and applicable law, the United States may detain certain persons captured in connection with an armed conflict for the duration of the conflict.
  • (b)  Following the terrorist attacks of September 11, 2001, the 2001 Authorization for Use of Military Force (AUMF) and other authorities authorized the United States to detain certain persons who were a part of or substantially supported al-Qa’ida, the Taliban, or associated forces engaged in hostilities against the United States or its coalition partners.  Today, the United States remains engaged in an armed conflict with al‑Qa’ida, the Taliban, and associated forces, including with the Islamic State of Iraq and Syria.
  • (c)  The detention operations at the U.S. Naval Station Guantánamo Bay are legal, safe, humane, and conducted consistent with United States and international law.
  • (d)  Those operations are continuing given that a number of the remaining individuals at the detention facility are being prosecuted in military commissions, while others must be detained to protect against continuing, significant threats to the security of the United States, as determined by periodic reviews.
  • (e)  Given that some of the current detainee population represent the most difficult and dangerous cases from among those historically detained at the facility, there is significant reason for concern regarding their reengagement in hostilities should they have the opportunity.

Sec. 2.  Status of Detention Facilities at U.S. Naval Station Guantánamo Bay.

  • (a)  Section 3 of Executive Order 13492 of January 22, 2009 (Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities), ordering the closure of detention facilities at U.S. Naval Station Guantánamo Bay, is hereby revoked.
  • (b)  Detention operations at U.S. Naval Station Guantánamo Bay shall continue to be conducted consistent with all applicable United States and international law, including the Detainee Treatment Act of 2005.
  • (c)  In addition, the United States may transport additional detainees to U.S. Naval Station Guantánamo Bay when lawful and necessary to protect the Nation.
  • (d)  Within 90 days of the date of this order, the Secretary of Defense shall, in consultation with the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of any other appropriate executive departments and agencies as determined by the Secretary of Defense, recommend policies to the President regarding the disposition of individuals captured in connection with an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay.
  • (e)  Unless charged in or subject to a judgment of conviction by a military commission, any detainees transferred to U.S. Naval Station Guantánamo Bay after the date of this order shall be subject to the procedures for periodic review established in Executive Order 13567 of March 7, 2011 (Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force), to determine whether continued law of war detention is necessary to protect against a significant threat to the security of the United States.

Sec. 3.  Rules of Construction.

  • (a)  Nothing in this order shall prevent the Secretary of Defense from transferring any individual away from the U.S. Naval Station Guantánamo Bay when appropriate, including to effectuate an order affecting the disposition of that individual issued by a court or competent tribunal of the United States having lawful jurisdiction.
  • (b)  Nothing in this order shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful permanent residents of the United States, or any persons who are captured or arrested in the United States.
  • (c)  Nothing in this order shall prevent the Attorney General from, as appropriate, investigating, detaining, and prosecuting a terrorist subject to the criminal laws and jurisdiction of the United States.

Sec. 4.  General Provisions.

  • (a)  Nothing in this order shall be construed to impair or otherwise affect:
    • (i)   the authority granted by law to an executive department or agency, or the head thereof; or
    • (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
  • (b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
  • (c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP
THE WHITE HOUSE,
January 30, 2018. [1]

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Defense Secretary Jim Mattis on Monday fired the top official overseeing the trials of five men being held at Guantánamo Bay who have been accused of plotting the 9/11 attacks.
Harvey Rishikof is an attorney with experience in national security law, but with no military experience. According to the Miami Herald, there is no known reason for Mattis’ decision to fire the man he named convening authority for military commission last April.

Two Pentagon lawyers have replaced Rishikof and Gary Brown, a legal adviser for military commissions who was fired by acting general counsel William S. Castle.  Tom Crosson, a spokesman for the Department of Defense, said the two men were removed from their positions on Monday. [2]

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The Arizona Army National Guard is sending a unit of military police to Guantanamo Bay.

 [3]

Arizona National Guard military police have been deployed to GITMO. About 4 dozen. 😎#MAGA #SaturdayMorning #UnrigTheSystem #MemoDay Link: usnews.com/

[4]

If you haven’t discovered credibly sourced Brendon Dilly @Hublife he’s live on FB

Two part via #Dilley2018 intel. Post #ReleaseTheMemo discussion overnight. 1350+ sealed indictments now, major increase. Most damning is OIG Report pending, still investigating. State Dept memo will support #FISAMemo #TheStorm #MemoDay

Disc on civilian court – can’t hear #Treason #Sedition cases so #MilitaryTribunals coming. #deathpenalty discuss. Will we SEE televised arraignments once charges come down? 4 of 9 #Memo to be released public. #TheStorm #FreedomIsComing #WeThePeople #Patriots #Military

Just found this #GITMO related bid tender document from last year out of Florida. Looks to me like those 13k sealed indictments match up with the 13k new bunks. @Potus ain’t playin ….

 [5]

A BIG part of the end game is THIS⬇️
Save the children
Catch pedophiles (many in Hollywood, business leaders)
End satanic rituals where young children are sacrificed.
#MemoDay #LawAndOrder
Pray, pray, pray. God is at work here.

Dear @SecretService

US Justice system just collapsed. #Memo exposed offenses against the US and felonies. It is your duty under 18 US Code § 305 to make arrests without warrants and secure evidence.
#CorruptDOJ and #CorruptFBI will not investigate or arrest itself.

@SecNielsen

For those of you who don’t know the law, Trump and his team (esp Sessions who has taken down many cabals in his years) have been hard at work. AND they’re going by the book. Patience.

Public needs to be brought along at every step of the way. Hence one memo released at a time. For the #LawAndOrder party this is incredible.

 [6]

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President Trump asked Congress in the spring of 2017 for additional funding, which the Republican-controlled House incorporated in a 2018 spending bill. The goal is to provide $115 million to build new military barracks for U.S. troops stationed at the base. It furthermore states that the detention camp would be shielded from closure and prevents the transfer of detainees to the United States. [7]

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Write A Caption/Archive/46 | Wikiality | Fandom powered by ...

President Trump’s new Executive Order also calls on Secretary of Defense James Mattis to give the White House recommendations within 90 days as to how the U.S. should handle individuals captured fighting “in connection with an armed conflict, including policies governing transfer of individuals to U.S. Naval Station Guantánamo Bay.”  No new detainees were transferred to GITMO under President Obama; his Administration instead focused on trying accused terrorists in federal court, as well as airstrikes and drone attacks to kill terrorists wherever they were found.  However, killing the terrorists stymies the ability to interrogate them and to gain critical information about their operations, including any planned terrorist attacks on the homeland. Two-hundred and one terrorist detainees were released during the eight years Obama was President, twenty-three of them released between Election Day in 2016 and the inauguration of President Trump. [8] [9]

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SOURCES:

[1] White House.gov

[2] Washington Examiner

[3] Twitter

[4] US News

[5] Americas Biz

[6] Axios

[7] Goldwater

[8] ACLJ

[9] Twitter