Extrajudicial detention, U.S., Barack Obama Administration

Barack Obama, on taking office as President of the United States, faced the reality of several hundred prisoners in extrajudicial detention at Guantanamo Bay detention camp, and possibly others at U.S. facilities in Afghanistan and Iraq. He had made a campaign promise to close Guantanamo, which has not happened in his first year but the Administration is moving to do so. Some prisoners have been freed, some deported, five associated directly with the 9-11 Attack scheduled to be tried in Federal court (U.S. v. Khalid Sheikh Mohammed, et al.‎), and no decision has been made for others.

In his announcement on 13 November 2009, Attorney General Eric Holder also said that five other defendants would still go before military commissions.

The Federal government has stated its intention to acquire the little used Thomson Correctional Institute from the state of Illinois and convert it to "supermax" standards, with facilities for military commissions. This facility would replace Guantanamo.

While the President has said that some prisoners are too dangerous to be released, but, for reasons not always disclosed, should not be tried in a civilian court, the legal structure for such indefinite discussion is unclear. One analysis, on which the Administration has made no comment, is a proposal by Brookings Institution fellows to develop a "Model Law for Terrorist Incapacitation."