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Stay of Military Commission Proceedings While Review of Detentions Is Pending

Date of Issuance:

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 Guantánamo 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.

Updated December 22, 2020