Whether the Review Described in Section 4 of Executive Order 13497 Remains Pending for Purposes of Section 7 of That Order


Although the meaning of the word “Review” in section 7 of Executive Order 13497 is not unambiguous, it is best construed in light of the Order’s text and purposes in a manner that treats it as pending as to a detainee at the Guantánamo Bay Naval Base whose case has been referred to, but not finally resolved by the formal protocol that the Departments of Defense and Justice have agreed upon and promulgated for further disposition of the case.

Updated January 19, 2017