Reading Room Document

Stay of Military Commission Proceedings While Review of Detentions Is Pending

Although the meaning of the word "Review" in section 7 of Executive Order 13492 is not unambiguous, that section is best construed in light of the Order's text and purposes in a manner that treats a review as pending as to a detainee at the Guant√°namo Bay Naval Base when the detainee's case has been referred to but not finally resolved by the process under the formal protocol that the Departments of Defense and Justice have agreed upon and promulgated for further disposition of the case. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/olc/file/2009-08-28-rev-gtmo/download.

August 28, 2009