White House Denies Authenticity Of Leaked Executive Order To Reopen CIA "Black Site" Prisons

Tyler Durden's picture

Earlier today, the New York Times published a 3-page draft of an executive order, allegedly penned by the Trump administration, entitled "Detention and Interrogation of Enemy Combatants."  According to the NYT, which "obtained" the document from an anonymous source, the executive order seeks to, among other things, reopen overseas CIA "black site" prisons that Obama ordered closed in 2009. 

More specifically, the draft order would revoke two executive orders about detainees that Obama issued in January 2009, shortly after his inauguration. One was Obama’s directive to close the Guantánamo prison and the other was his directive to end C.I.A. prisons, grant Red Cross access to all detainees and limit interrogators to the Army Field Manual techniques.

President Trump’s three-page draft order, titled “Detention and Interrogation of Enemy Combatants” and obtained by The New York Times, would also undo many of the other restrictions on handling detainees that Mr. Obama put in place in response to policies of the George W. Bush administration.

 

If Mr. Trump signs the draft order, he would also revoke Mr. Obama’s directive to give the International Committee of the Red Cross access to all detainees in American custody. That would be another step toward reopening secret prisons outside of the normal wartime rules established by the Geneva Conventions, although statutory obstacles would remain.

 

Mr. Obama tried to close the prison at Guantánamo Bay, Cuba, and refused to send new detainees there, but the draft order directs the Pentagon to continue using the site “for the detention and trial of newly captured” detainees — including not just more people suspected of being members of Al Qaeda or the Taliban, like the 41 remaining detainees, but also Islamic State detainees. It does not address legal problems that might raise.

CIA Black Sites

 

The alleged draft executive order also contemplates a return to pre-Obama policies that directed enemy combatants, even those apprehended on American soil, to be tried by military tribunals rather than civilian courts.

Another core national security legal principle for Mr. Obama was to use civilian courts, not military commissions, whenever possible in terrorism cases — and to exclusively use civilian law enforcement agencies and procedures, not the military, to handle cases arising on domestic soil. The draft order also signals that the Trump administration may shift that approach as well.

 

In 2012, after Congress enacted a statute mandating that the military initially take custody of all foreign Qaeda suspects, Mr. Obama issued a directive that pre-emptively waived that rule for most domestic circumstances, such as if the F.B.I. had arrested the suspect and was already in the process of an interrogation.

 

But Mr. Trump’s draft order calls for the attorney general, in consultation with other national-security officials, to review that directive and recommend modifications to it within 120 days.

 

Many Republicans — including Senator Jeff Sessions, Mr. Trump’s attorney general nominee — criticized the Obama administration’s approach as weak, even though the civilian court system has regularly convicted terrorists at trial while the military commissions system has proved to be dysfunctional. During the campaign, Mr. Trump said he would prefer to prosecute terrorism suspects at Guantánamo — including American citizens, although the law currently limits the commissions system to foreign defendants.

All that said, shortly after the NYT's published the article, Sean Spicer denied it's authenticity at his daily White House Press Briefing saying, "it is not a White House document. I don't know where it came from or where it originated."

Of course, Trump's nominee for CIA director, Mike Pompeo, made headlines a few weeks back when he seemingly split with Trump in saying he would refuse any order from the White House to restart the CIA's use of enhanced interrogation tactics.  Per CNN:

Rep. Mike Pompeo, Trump's nominee for CIA director, was asked by Sen. Dianne Feinstein, D-California, if he would -- if ordered by President-elect Trump -- restart the CIA's use of enhanced interrogation tactics the that fall outside of army field manual.

 

"Absolutely not," Pompeo responded. "Moreover, I can't imagine I would be asked that by the President-elect."

 

Later in the hearing, Pompeo was asked by Sen. Martin Heinrich of New Mexico if he would commit to complying with the law and acknowledge that the CIA is out of the enhanced interrogation business.

 

"Yes, you have my full commitment," Pompeo said.

A sign of what's yet to come from the Trump administration or just more 'fake news'?  We'll let you decide.

Here is the full 3-page document from the New York Times:

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knukles's picture

That "full commitment" was only with respect to "complying with the law" if I read it correctly.
Executive orders are laws of the land.

TwelveOhOne's picture

Fucking liberals, always projecting on others what they want to do.

FireBrander's picture

Well, if it's in the Times, then it's gotta be true...

/s for those of you that are challenged.

PS> My contact within the Times is telling me those CIA files that were released, the ones with the UFO investigations, there's some stuff in there about Trump being an alien slave master. Apparently we were put here like cattle to breed and now it's harvest time. /h

 

wren's picture

I'll believe the NYT when....hahaha you thought I was gonna give a time when I will believe them. Oh man, had you going! I wasn't born in Southern California!!!

froze25's picture

This was a operation to see who was leaking.

Mr. Bones's picture

No, it is a fully pants on head retarded baseless speculation by the anti-Trump side.  I'm not even pro Trump and it's embarrassingly obvious.  Alternatively, it's a clever switcheroo to bring the discussion to the forefront.

 

http://articles.latimes.com/2009/feb/01/nation/na-rendition1

 

One provision in one of Obama's orders appears to preserve the CIA's ability to detain and interrogate terrorism suspects as long as they are not held long-term. The little-noticed provision states that the instructions to close the CIA's secret prison sites "do not refer to facilities used only to hold people on a short-term, transitory basis."

 

The black sites never_fucking_closed and anyone who could read a paper knew it, but in 8 years it was memory holed and now they're bringing it up again.  This can only benefit Trump since he probably already knows that nothing has changed except language between 2008 and today.

LyLo's picture

See, I'm reading it as a Trumpian media goose chase that leads to them and all their allies looking bad.  (This is a thing.  I officially have seen it too many times to discount this.)

Like the "crowd at the inauguration" thing.  All that seems to have ended with is there will never be a really good number as they really don't have them for that kind of thing, and oh yeah the Obama administration has DC shut down into a police state for public events.  Am I the only one weirded out about people having to get frisked to go on the National Mall?  Geez, no wonder the numbers seemed lower...  Yeah.  See?  Not how they wanted THAT to end at all, right?

Basically, most everyone DID forget this.  You know, until it immediately got pointed out.  So now the only news they really have to tweet about and discuss on their 24/7 channels is the media fucked up yet again, and Obama never really shut down the black sites anyways.  Goddamn, Trump knows how to play them like a fiddle.  (I actually think it's Bannon.  If it is, he's a pretty sexy evil genius.)

twh99's picture

There are a few of us from Southern California that are libtards.  We are down to a few dozen, but we are still here.

GunnerySgtHartman's picture

Let's load the NY Times into a cannon and blast it over the border to Mexico - the Sulzbergers are in hock to Carlos Slim just to keep the lights on, so let's finish the deal!

hitex's picture

You know it's fake if it's an executive action with the words 'war on terrorism' edited out of the sentence. Trump would have absolutely no problem saying the words struck thru in the edits.

RiverRoad's picture

Methinks this fake "document" was put out there to see exactly who would run with it to the NYTimes.  Best way to catch a mole.  Now NAIL him.

Verlorenes Geld's picture

Obama's order to close Guantanamo Bay?   Hahahaha, more like build a $744,000 Soccer Field and keep the place open for less than 50 "Detainees" at an undisclosed annual cost.

NugginFuts's picture

aaaaaand that's how you "leak" something to discredit a liberal newspaper. 

The trouble with the NYT is it's almost too easy to let them discredit themselves. It's a plan, folks. Expect every liberal media entity to get punked until they all have *0* credibility remaining, even to the left. 

RiverRoad's picture

NYT:  Stupid dumb Frito Banditos.   LOL.

The Wizard's picture

Pardon Me. Executive Orders are Unconstitutional and therefore not lawful laws of the land.

You need to read Professor Hamburger's Work: Is Administrative Law Constituional.

Here is a presentation for you at Hillsdale College.

https://www.youtube.com/watch?v=8Wu3lw77t0E#t=16

NumberNone's picture

What did the 'Constitutional Law Professor' Obama think about Executive Orders?

Winston Churchill's picture

They were, however precedence is everything in law.

The time to challenge EO legality was long, long ago.

The Wizard's picture

You are correct. EO's are a function of Lincoln creating them when there was no longer a quorum in Congress because the South was fed up with the banksters and left. Lincoln declares an emergency and creates EO's. Every two years the President has to update the emergency in order to continue with EO's. Emergency War Powers Act. Do you wonder why they always want to be in a state of "war".

Even their "wars" are unconstitutional.

Precendent does not override the Constitution.

Obama had far fewer EO's than previous presidents. However, his were more of a threat to liberty. Geogie boy set it up for him to pull it off.

Arnold's picture

https://en.wikipedia.org/wiki/Executive_order

 

Obomber was right up there. 279

 

 

                                                                                                                                                                                                                                                                         
The Wizard's picture

Looked at few of your links and I could not find the authority in the Constitution for Exectutive Orders or Administrative Law. EO's are pawned off as being laws. Only Congress was given the abiltiy to legislate laws.

The Wizard's picture

Jefferson, in his "Notes on the State of Virginia, 1784" made the same point when he said, "All powers of government, legislative, executive and judiciary, result to the legislative body (in the Virginia Constitution). The concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by plurality of hands, and not by a single one."

Below is from wiki which claims both the exectutive and judicial branches can make law. Not everything written in Wiki is factual. Wiki is dead wrong. Only since Lincoln have EO's been written in what the president wants to constitute as an emergency.The 14th amendment and the age called the Reconstruction Era (post War of Northern Aggression) began the road to destruction of the laws originally intended by the founders. Jackson kicked a good number of the banksters and attorneys out, but they quickly returned.

The executive and judicial branches can make policy which is considered color of law, but it cannot create law as term is intended.

 

However, legislation is not the only source of regulations which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters of foreign policy.

Many early executive orders were not recorded. The State Department began numbering executive orders in the early 20th century, starting retroactively from President Abraham Lincoln's Executive Order Establishing a Provisional Court in Louisiana issued in 1862.

RiverRoad's picture

Oblahma, pathetic ball-less wonder:  Couldn't get anything through Congress.

WillyGroper's picture

i find the strike thru of "nation" to "homeland" a bit concerning.

sumpin smells.

Mustafa Kemal's picture

"Pompeo was asked by Sen. Martin Heinrich of New Mexico if he would commit to complying with the law and acknowledge that the CIA is out of the enhanced interrogation business.

 

"Yes, you have my full commitment," Pompeo said"

 

knuckles. I read it differently. The thought that the CIA would comply with the law made me laugh.

BennyBoy's picture

 

Have they closed the CIA "black site" prisons in the US?

Doom Porn Star's picture

Chicago and other cities have 'dark site' domestic detention centers that they refuse to publicize which are purportedly run by the local LEOs as well..

Ignatius's picture

Homeland Security Fusion Centers, i.e., the domestic Phoenix Program.

"Party on, Garth."

Ignatius's picture

Yeah, probably manpower, communication coordination.

Ignatius's picture

"I not only deny the allegation, I deny the alligator."  --  Jesse Jackson

MisterMousePotato's picture

If he really said that, well, for the first time in my life, Jesse Jackson has spoken a sentence that I do not vehemently disagree with. Actually kinda funny. In fact, I will use it myself sometime, and try to pass it off as original thought.

Majestic12's picture

"it is not a White House document."

Its a secret handshake....(wink) ;

Same shit, different name.

Wake the fuck up.

Doom Porn Star's picture

" Mr. Obama tried to close the prison at Guantánamo Bay"

 

Question: Exactly what stopped Mr. Obama from using an EO to close Guantanamo?

Answer: ABSOLUTELY NOTHING.  Mr. Obama simply chose to break that campaign promise AKA lying to the citizenry..

Heavy's picture

Obama = George Bush jr. jr.

RiverRoad's picture

Obana = George Bush,Jr. = CIA (under Brennan)

RiverRoad's picture

Maybe Oblahma didn't want his balls shot off?  For whatever that might have been worth.

Moon Pie's picture

Oh man...what a bummer and a shame.

A tear damn near came to my eye when I read that.  One of the best drummers for one of the best bands of all time.

Here's my tribute:

Ain't Waistin Time No More

https://www.youtube.com/watch?v=h2Ro7LLEaQQ

 

Peace Bruce.

Mustafa Kemal's picture

Allman Bros

RIP Butch Trucks

DuneCreature's picture

Black Site Prison Newz:

~~ ( George Webb Keeps Knocking Out The Ugly Information ) ~~

I truly do not understand how George Webb is uploading these videos to YouTube and having them survive more than 10 minutes.

But, there they are. ...... If this information is important to you at all I would advise you to be downloading copies as fast as George is putting them up. Watch them and take notes. ..... You will understand what I'm talking about.

The latest:

https://www.youtube.com/watch?v=XZhi529cIVM

The whole nine yards:

https://www.youtube.com/user/georgwebb

Some recent highlights:

Eric Braverman of The Clinton Satan Foundation fame has resurfaced. ...... He is teaching "Ethics in Government" at Yale University. (WTF?)

Eric is also allegedly taking a head position at "The Google Foundation" ......... You know, Google, the outfit that wants to tell you what is fake news and what the real official line of propaganda is. ....You are expected to make your important life decisions based on what Google tells you is the truth, of course.

Anyway, the CIA is up to their masked eyeballs in making your life a miserable piece of shit, devoid of anything remotely resembling 'the rule of law' or due process. ...... Good George Webb is laying it out in more and more detail every day.

Get his videos before they scrubbed off of the net and he mysteriously dies in his sleep unable to breath.

Live Hard, This Is Coming To A Small Town Or A Little Black Site Prison Near You And You Better Be Ready For It, Die Free

~ DC v4.0

The Wizard's picture

I can't figure out how Webb gets all of his information. He certainly appears to be well connected.

Catherine Austin Fitts: https://solari.com/blog/  She worked as an under secretary of HUD back in 80's

DuneCreature's picture

He is obviously plugged in.

What I mean by that is, he is probably ex CIA or CeyeA which is actually bigger and better funded than the CIA. The CeyeA are the 'freelancers' and their origins are from way back when private entities spied on each other. Think about the old term 'industrial espionage'. That is where the money in spying is. .... Now it's all mixed together and the CIA does economic spying too AND the CeyeA does the regime change thing right along with the national agencies (KGB, CIA, Mosaad etc. etc.). ........ It's a clusterfuck, so I'll just call them all spooks.

Anyway, George is plugged into the world of spooks somehow probably because he was or is one. ..... I'm going to take him at his word when he says the whole mess has lost it's 'moral compass' and he's just trying to get some of the more nefarious, evil shit shut down.

I'll give him all the support I can at doing just that. .. I'm with him.

Brave dude, doing us all a big selfless favor.

It could very well get him killed.

Live Hard, Help Keep Him High Profile And It Helps Keep Him Alive, Die Free

~ DC v4.0

WillyGroper's picture

did u catch 94-1 he's "George Webb Sch...sumpin?"

where did he come from?

or is this more intel gathering of the peeps that contribute?

YT doncha know.

DuneCreature's picture

Yes, he's a Swaggart, I think. .. He is in Portland OR.

He IDs himself on an earlier video.

Live Hard, No Sense Hiding Your ID From Google (NSA), They Even Know Who I Am When Nobody Else Does, Die Free

~ DC v4.0

Mustafa Kemal's picture

Maybe Ive been napping, but it appears that DC has his wings back

DuneCreature's picture

I think my NSA shadow dude must have taken the day off.

He usually delays my seeing ZH articles (about .5 - .75 hours) so that I can't get a post in early enough to be seen by many. .. Shadow banned or sand boxed or just plain delayed. .... I've been here all along just WAY behind the pack.

Live Hard, Thanks For Keeping An Eye Out For And Worrying About Us Stragglers, MK, Die Free

~ DC v4.0

Joebloinvestor's picture

Check with Dan Rather and see if the type face looks familiar.