Review of Detention Policy Options

This executive order establishes a Special Interagency Task Force on Detainee Disposition, co-chaired by the Attorney General and Secretary of Defense, to review lawful options for handling individuals captured in armed conflicts and counterterrorism operations. The task force must report to the President within 180 days on detention, trial, transfer, release, and other disposition alternatives consistent with national security interests and justice.

Federal Register Open PDF 74 FR 4901

Impact dates

Jul 21, 2009
Final report on detainee disposition options due to President
Jul 21, 2009
Periodic preliminary reports due during review period

Key directives

Establish Special Task Force on Detainee Disposition within Department of Justice
Attorney General and Secretary of Defense serve as Co-Chairs
Conduct comprehensive review of lawful disposition options for conflict/counterterrorism detainees
Provide periodic preliminary reports during 180-day review period
Submit final report to President within 180 days unless extension granted by Co-Chairs
Terminate Task Force upon completion of duties

Who is ordered

Timeline

Immediate

Task Force establishment
Co-Chairs convene initial meetings

Near term (90d)

Periodic preliminary reports due to President
Operational subgroups may be formed

Long term

Final report due within 180 days
Potential policy reforms based on recommendations

Risks & tensions

Co-Chairs have unilateral authority to grant extensions, creating uncertainty around final deadline
Task Force composition includes intelligence and military leaders with potential institutional biases toward detention vs. release
Department of Justice funding dependency may limit operational capacity
No enforcement mechanism for report recommendations—purely advisory to President
Vague 'interests of justice' standard may conflict with 'national security interests' in practice